In a decision released last week, R v Morrison, 2019 SCC 15, the Supreme Court considered various aspects of the Criminal Code that deal with the offence of child luring. The Court was asked to consider the constitutionality of three parts of the offence, and...
Month: March 2019
Think a distracted driving offence is no big deal? Think again.
On behalf of Bayne Sellar Ertel Carter | Mar 11, 2019 | Driving Offences
Driving while distracted has become a national epidemic. However, just because it is common doesn't mean it is safe. And it also doesn't make it okay in the eyes of the law.In fact, distracted driving laws in Ontario are harsher than ever now, and it is crucial for...
La défense du consentement implicite dans le contexte d’une relation conjugale
On behalf of Bayne Sellar Ertel Carter | Mar 8, 2019 | Domestic Offences
L'infraction de voies de fait est définie de manière large et peut englober toutes sortes de contacts ayant lieu dans une relation conjugale. Ceci inclut toute situation dans laquelle une personne, sans le consentement de l'autre personne, applique...
Victim Surcharges Found Unconstitutional
On behalf of Bayne Sellar Ertel Carter | Mar 1, 2019 | Sentencing
In 2013, the Government amended the victim fine surcharge law, taking away the Judges' discretion in whether to impose the surcharge. In all cases when offenders were discharged, plead guilty or found guilty of an offence under the Criminal Code of Canada or the...
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