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...
I have been charged with assault, what next?
by Ian Carter | Aug 6, 2018 | Assault
Assault charges can arise out of any number of circumstances, such as an argument with a domestic partner, a dispute with a neighbour, or a fight outside a bar. The offence of assault is widely defined. It includes any circumstance where a person, without the...
Using your device while driving may be a critical mistake
by Ian Carter | May 14, 2018 | Driving Offences
With the increased portability of technology, more drivers can stay connected with their friends and family - as well as their favourite modes of entertainment - during their commutes. Whether you remember the frustration of having to find a telephone booth to make a...
The Offence of Uttering Threats
by Ian 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...
The Defence of Self-Defence
by Ian Carter | Apr 30, 2018 | Assault
If you have been charged with a violent offence, such as assault, assault with a weapon, aggravated assault or even murder, the defence of self-defence may be available to you. New self-defence provisions came into force in March 2013. The relevant section of the...
The Defence of Honest But Mistaken Belief in Consent to Sexual Assault Cases
by Ian Carter | Apr 23, 2018 | Sexual Assault
In a sexual assault case, sometimes the defence is that it didn't happen at all. In other cases, the accused agrees that the sexual activity happened but says that it was consensual. However, these are not the only two defences to a charge of sexual assaults. In some...
Consent as a Defence to Assault
by Ian Carter | Sep 15, 2017 | Assault
At one point in time the law seemed clear that consent could not be a defence to an assault charge that aroes out of a fist fight where injury resulted. The courts said there was little value in encouraging post bar brawls by allowing such a defence. But over the...
When your dog assaults someone
by Ian Carter | Sep 15, 2016 | Assault
In Ottawa, the owner of a dog can be charged when his or her dog bites a person or a domestic animal. Section 27 of the Ottawa Bylaw No. 2003-77 [Bylaw] indicates that; "No owner of a dog shall permit the dog to bite or attack without provocation a person or domestic...
The Ghomeshi trial ends with a section 810 Peace Bond – What is a peace bond?
by Ian Carter | May 16, 2016 | Domestic Offences
Last week Jian Ghomeshi entered a peace bond, at which point the Crown withdrew the remaining charge against him. This brings an end to the legal saga of Jian Ghomeshi's matters. A question that is being asked by a lot of people is what a peace bond is. They are not...
Plea to Assault with a Weapon not Accepted in Domestic Violence Case
by Ian Carter | May 8, 2015 | Domestic Offences
Christopher Hoare is charged with the attempt murder of his wife. He admits hitting her with a baseball bat but claims he did not try to kill her. He tried to enter a plea of guilt to assault with a weapon this week but the Crown refused to accept it. According to...
Categories
- Announcements (2)
- Appeals (3)
- Assault (5)
- Bail (5)
- Charter Of Rights And Freedoms (6)
- Child Porn And Luring (9)
- Corona Virus (1)
- Criminal Harassment (1)
- Domestic Offences (14)
- Driving Offences (35)
- Drug Offences (20)
- Firearms (9)
- Fraud (1)
- Mental Health (1)
- Murder (3)
- Occupational Health And Safety (1)
- Pardons (1)
- Prostitution (2)
- Sentencing (9)
- Sexual Assault (29)
- Terrorism (1)
- Trials (13)
- Uncategorized (1)
- Voyeurism (2)
- Youth (28)