There is always a big pink elephant in the courtroom at a sexual assault trial. Why would a complainant make up this horrendous lie, go to the police complain and then put herself through a trial where she will be cross-examined? Does the defence have to demonstrate...
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...
In impaired driving and over 80 cases, the law for years has been that if the police stop an individual on the side of the road they could demand they blow into a roadside screening device only if: - the demand was forthwith; - the officer had reasonable grounds to...
You were charged with a criminal offence, such as sexual interference, and released on bail; however, it does not feel like liberty as the conditions on the bail recognizance are incredibly strict. Some examples of strict bail conditions are: house arrest except while...
Probation is a sentencing option available to judges after a finding of guilt. If an accused receives a conditional discharge or a suspended sentence, probation will always form part of the sentence. The maximum length a probation order can be is three years. A...
You have been charged with a domestic assault and your lawyer says "Let's make an appointment to review the disclosure". You are wondering what you are going to be reviewing. Disclosure is all the relevant evidence, on your case, that the Crown has in their...
Diversion programs are an alternative to prosecution. It is recognition by the Crown that not all offences should be prosecuted, and that some form of community service may more properly offset the harm done to the community. Under a diversion program, minor criminal...
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- Government Introduces Bill to Get Rid of Mandatory Minimum for Firearms Offences
- Using Text Messages from the Complainant at a Sexual Assault Trial
- Police Need Warrant to Seize Airbag Control Module in Dangerous Driving Case
- How much trouble can a teen get into for cyberbullying?
- Government Introduces Bill to Get Rid of Mandatory Minimum for Drug Offences