A recent Ontario Superior Court decision, R v Boekdrukker, addressed this issue. The Court examined both what is required in the Criminal Code as well as what is required under the common law. Section 29(1) of the Criminal Code states that: "It is the duty of every...
Month: July 2018
When is my Child Old Enough to be Charged with a Crime?
On behalf of Bayne Sellar Ertel Carter | Jul 23, 2018 | Youth
On your child's 12 birthday he or she is officially old enough to be charged with a criminal offence. From the age of 12 until they turn 18, any criminal charge they face will be dealt with through the Youth Criminal Justice Act. Once they turn 18, the criminal...
Youth Reprimands
On behalf of Bayne Sellar Ertel Carter | Jul 16, 2018 | Youth
The Youth Criminal Justice Act allows for a wide range of potential consequences should your child be found guilty of a criminal offence. The vast majority of the available sentences are community based (not jail) to encourage the young person to understand the...
Child Luring Mandatory Minimum Struck Down
On behalf of Bayne Sellar Ertel Carter | Jul 9, 2018 | Child Porn And Luring
The Ontario Court of Appeal, in the decision of R. v. Morrison, has recently upheld a decision of the trial judge to strike down the mandatory minimum sentence of one year in jail for the offence of child luring.After finding Morrison guilty of child luring, the trial...
Invitation to Sexual Touching Mandatory Minimum Struck Down
On behalf of Bayne Sellar Ertel Carter | Jul 2, 2018 | Sexual Assault
In a recent case in the Ontario Superior Court of Justice, R. v. Hussein, the accused brought an application to have the mandatory minimum sentence for the offences of invitation to sexual touching, sexual interference and sexual assault of one year in jail struck...
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