When children make a mistake and break the law, they and their parents are often frightened about what will happen next. It is natural to be scared, but getting answers to your questions can help alleviate some of your fears.For instance, if your child is accused...
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Ottawa Criminal Law Blog
Youth Cases and the Right to a Speedy Trial – Part 1
On behalf of Bayne Sellar Ertel Carter | Aug 21, 2020 | Uncategorized
The criminal justice system in Canada has long recognized the accused's right to be tried within a reasonable time. In fact we've put it right there in black in white in the Canadian Charter of Rights and Freedoms (section 11(b)). However, if your child is...
Youth Cases and the Right to a Speedy Trial – Part 1
On behalf of Bayne Sellar Ertel Carter | Aug 21, 2020 | Youth
The criminal justice system in Canada has long recognized the accused's right to be tried within a reasonable time. In fact we've put it right there in black in white in the Canadian Charter of Rights and Freedoms (section 11(b)). However, if your child is charged...
Breach of Recognizance: Zora
On behalf of Bayne Sellar Ertel Carter | Aug 14, 2020 | Bail
A defendant is charged with a criminal offence, such as a domestic assault, and released with bail conditions. The police allege that the defendant has breached those conditions; he is arrested and charged under s.145(3) of the Criminal Code. Most recently,...
Can the police use excluded wiretaps at trial?
On behalf of Bayne Sellar Ertel Carter | Aug 7, 2020 | Drug Offences
You've been charged with a criminal offence, such as conspiracy to traffic cocaine. The police used an agent and a wiretap to gather incriminating evidence against you. In doing so, they breached your Charter rights. The presiding judge rules that...
Drinking in public: What can happen if you imbibe outside
On behalf of Bayne Sellar Ertel Carter | Aug 5, 2020 | Uncategorized
All across Canada, people are looking for ways to spend time with friends and family outside. Between the nice weather and social distancing guidelines in the midst of the current health crisis, being outside can be the best place for people to be right now.However,...
Un conjoint peut-il témoigner contre moi dans un procès?
On behalf of Bayne Sellar Ertel Carter | Jul 31, 2020 | Trials
Le privilège relatif aux conjoints, la doctrine juridique qui interdit à un conjoint de témoigner contre son partenaire, remonte au 19e siècle. Ce «privilège» existait en common law et a été codifié...
S.11(b) during a judge’s deliberation period
On behalf of Bayne Sellar Ertel Carter | Jul 24, 2020 | Trials
In 2016, the Supreme Court of Canada in R. v. Jordan completely changed the landscape of s.11(b) of the Charter of Rights and Freedoms which holds that any person who is charged with an offence has the right to be tried within a reasonable time. The SCC set out a new...
The Charter of Rights and Freedoms: Section 8
On behalf of Bayne Sellar Ertel Carter | Jul 10, 2020 | Charter Of Rights And Freedoms
Section 8 of the Charter reads: "Everyone has the right to be secure against unreasonable search or seizure." This right provides you with the primary source of constitutional privacy against intrusion by the state. This section is what prevents police from illegally...
Dynamic Entries
On behalf of Bayne Sellar Ertel Carter | Jun 26, 2020 | Drug Offences
"Dynamic Entires" are a tactic commonly used by the police in drug investigations. Although they thought they could, it turns out the police cannot just have a policy of bashing in your door and throwing a "distraction device" into your front entrance way...
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