If you have been charged with sexual assault or sexual interference, one of the potential defences is that the activity in question was not sexual in nature. The defence operates slightly differently depending on which charge you are facing. 15. Section 153(1)(a)...
90 day mandatory minimum sentence for sexual interference stuck down
by Ian Carter | Oct 12, 2018 | Sexual Assault
Mandatory minimum senteces for sexual offences are continuing to fall. The mandatory minimum sentence of one year in jail for sexual interference when the Crown proceeds by indictment has previuosly been declared unconstitutional in many cases Now, the mandatory...
What is Sexual Interference?
by Ian Carter | Jun 4, 2018 | Sexual Assault
The offence of sexual interference applies to situations in which there is any touching of a minor in a sexual manner. This can include masturbation, oral sex or intercourse. Section 151 of the Criminal Code states that every person who, for a sexual purpose, touches,...
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...
Can Strict Bail Conditions Lower My Sentence?
by Kirstin Macrae | Sep 21, 2017 | Bail
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...
Mandatory Minimum Sentence for Sexual Interference Struck Down
by Mark Ertel | Nov 25, 2016 | Sexual Assault
A recent Superior Court decision in Ottawa (in a case conducted by Bayne Sellar Boxall partner Mark Ertel) is a good example of how the analysis of mandatory minimum sentences plays out in Court [R. v. Laviolette, 2016 ONSC 782]. In that case, the offender was found...
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