Nov 23
Fresh Evidence Applications On Appeal
Appeals are argued almost entirely on the basis of the existing trial record. In limited cases, however, an appeal lawyer can introduce new evidence.
Nov 23
Dangerous Offenders/Long-Term Supervision Orders
Under Part XXIV of the Criminal Code, a Crown can bring an application to have an offender deemed as dangerous. The Application process involves an assessment, during which a forensic psychiatrist conducts a risk assessment on the offender.
Nov 21
Using Prior Sexual Activity at your Trial
The laws of evidence in sexual assault cases are very strict, and great protections are given to complainants in sexual assault cases. If accused of a sexual assault, the law prohibits you from introducing the complainant’s previous sexual history.
Nov 21
What is Consent to Sexual Activity
Consent is an agreement between two parties. It must be freely given without coercion or force. An interested party must inquire as to whether consent is being clearly communicated.
Nov 21
What are the Impacts of a Second Impaired Driving Charge?
If your criminal record has a conviction for an alcohol or drug-related driving offence, and you are charged with another such offence, the consequences you face are more severe. If the Crown serves notice that they are seeking enhanced penalty, you face a mandatory minimum sentence of 30 days in custody (for your third offence, the mandatory minimum sentence would be 120 days).
Nov 21
Murder Bail
When you are charged with murder or another section 469 Criminal Code offence, you are deemed detained in custody until you bring a bail application in the Superior Court of Justice. The Application will set out the potential sureties and the bail plan that the Court will need to consider…
