Imagine you are driving to a dinner party with your wife. You are running late. You are both irritated with the other. You both believe the other is the cause for being late. You are bickering on the drive over. Your partner gets frustrated and picks up their...
Domestic Offences
LA VIOLENCE CONJUGALE DURANT L’ÈRE DU COVID-19
On behalf of Bayne Sellar Ertel Carter | May 20, 2020 | Domestic Offences
La majorité des gens sont pris à rester à la maison. Toutes activités sont annulées. Ceux-ci sont quelqu'une des raisons pour laquelle le taux d'accusations criminelles en Ontario a diminué de plus de 60%. Cependant, avec les...
CORONA VIRUS ERA IN SPOUSAL ASSAULT
On behalf of Bayne Sellar Ertel Carter | Apr 22, 2020 | Domestic Offences
The present lock down in Ontario, people staying home, and the cancellation of many activities is the primary reason that criminal charges in Ontario are down by over 60% in many jurisdictions. With people constantly in their homes there's one type of criminal offence...
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...
The Defence of Implied Consent to Domestic Assault
On behalf of Bayne Sellar Ertel Carter | Dec 10, 2018 | Domestic Offences
The offence of assault is widely defined and can capture all kinds of contact that occur in a domestic relationship. It includes any circumstance where a person, without the consent of the other person, applies force intentionally to that person, directly or...
The Offence of Uttering Threats
On behalf of Bayne Sellar Ertel Carter | Apr 30, 2018 | Domestic Offences
If the police are called in the middle of a domestic dispute you may end up getting charged with the offence of uttering threats. Section. 261.4 of the Criminal Code makes it a crime to knowingly utter, convey or cause any person to receive a threat to cause death or...
What is Criminal Harassment?
On behalf of Bayne Sellar Ertel Carter | Apr 16, 2018 | Domestic Offences
In Canada, there is no offence called "stalking." Instead, it is known as criminal harassment. Charges most frequently arise in cases where there has been a bad break up and one spouse continues to attempt to communicate with the other. Section Subsections 264 (1) and...
What is Forcible Confinement?
On behalf of Bayne Sellar Ertel Carter | Apr 2, 2018 | Domestic Offences
The offence of forcible confinement can sometimes arise in the context of domestic disputes. The principles relating to the offence of unlawful confinement can be summarized as follows:(1) the act of the offence involves:(a) an actual confinement whereby the...
What is Disclosure?
On behalf of Bayne Sellar Ertel Carter | Mar 13, 2017 | Domestic Offences
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...
My spouse doesn’t want to press charges for domestic assault
On behalf of Bayne Sellar Ertel Carter | Nov 21, 2016 | Domestic Offences
My spouse doesn't want to press charges so will they be dropped? When it comes to domestic violence related charges (assault, assault with a weapon, aggravated assault, criminal harassment, uttering threats, mischief, unlawfully being in a dwelling house) this is one...
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