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Distracted driving has been a hot-button issue for years. And by now, every Ontario driver should know that it is both dangerous and potentially illegal to do things like text while driving. However, too many drivers admit to still engaging in distracting behaviours,...
Canadian Lawyer Magazine has named Bayne Sellar Ertel Carter one of the top criminal law firms in the country. From October 4 to 29, 2021, the Canadian Lawyer team asked lawyers, in-house counsel, and clients from across the country to select the criminal law firms...
Defending yourself if you are facing criminal charges does not stop after the trial or plea. There is also the sentencing process to navigate. During sentencing, lawyers can negotiate an agreement with the Crown, or the Court will hand down a sentence. Whatever...
Unlike a generation ago, today's parents of teenagers can feel just as comfortable navigating technology as their kids. They may be on the same social media platforms and may even spend more time on their phones and computers than their kids. That said, some young...
La défense de contrainte est disponible pour de nombreuses infractions criminelles, bien que son applicabilité à une accusation de meurtre semble être extrêmement limitée. Il peut toutefois survenir dans une accusation de voit de fait ou trafic de drogue. La défense...
Defence counsel are often faced with difficult tactical decisions to make at the end of a murder case. One of those difficult decisions is how to deal with alternative defences without undercutting the main defence theory. For example, the accused’s main defence may...
The defence of duress is potentially available for many offences, although its applicability to a murder charge would appear to be extremely limited. It may, however, arise in an assault or drug trafficking case. In essence, the defence is that a person was forced...
Facing accusations of sexual assault from multiple complainants can feel overwhelming. There is a real danger that jurors may leap to conclusions based on the mere fact that more than one person is making the same kind of allegation. Where there is smoke there is...
If you have been charged with sexual assault or sexual interference, one of the potential defences is that the activity in question was not sexual in nature. The defence operates slightly differently depending on which charge you are facing. 15. Section 153(1)(a)...
There are consequences when a person breaks the law in Canada. The type and degree of penalties depend on several details, ranging from who committed an offence and the nature of the crime to the presence of aggravating factors. This last element of aggravating...
