Jan 07
Firearms Offences
Firearms Offences
Firearms offences are serious. If convicted, you can be sentenced to a lengthy period of jail. In general, restricted or prohibited firearms include the following types of guns: handguns, handguns with a barrel length of less than 105mm in length, shotguns, automatic weapons and semi-automatic weapons.
The right to possess a firearm is granted through the government’s firearms licensing scheme, which has different license and authorization classes based on types of firearms covered and other firearms-related activities.
The Criminal Code contains many different types of firearms offences including offences related to the possession of firearms, the sale of firearms, carrying a concealed firearm and the illegal use of firearms. Often, firearms and weapons charges do not stand alone. They are usually related to other criminal charges such as robbery with a firearm.
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of weapons and firearms related allegations. If you or someone you know has been charged with a weapons or firearms related offence you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.
Common Questions Regarding Firearm Charges
I only had one Firearm, why am I Facing so Many Charges?
The Criminal Code of Canada has several firearm related offences which can be grouped into possession offences, use offences, and selling related offences. Therefore, an individual will be charged with several firearm related offences even though there may only be one firearm seized by the police. Each offence has different requirements that the Crown must prove before you can be found guilty of the offence. Below are some of the firearm offences in the Criminal Code.
Careless Use of Firearm
Section 86(1) of the Criminal Code criminalizes anyone who uses, carries, handles, ships, transports or stores a prohibited firearm in a careless manner without reasonable precautions for the safety of other persons. This charge is often laid on people who are arrested while carrying a firearm in public, or who are found to have an illegal firearm in their home, car, or some other location.
Unauthorized Possession of a Firearm
Section 91(1) and (2) of the Criminal Code make it an offence to possess any type of firearm without a licence and/or a registration certificate.
Possession of a Prohibited or Restricted Firearm
Section 95(1) of the Criminal Code makes it an offence to possess a loaded prohibited or restricted firearm, or an unloaded firearm with “readily accessible” ammunition. This is a more serious offence than simple possession because it is essentially penalizing the illegal possession of a loaded gun.
Possession of a Firearm with a Serial Number Defaced
Section 108(1) of the Criminal Code makes it an offence to have possession of a firearm where the serial number on the firearm has been altered, defaced or removed.
Point a Firearm
Section 87(1) of the Criminal Code makes it an offence to point a firearm at another person. The offence is punishable by up to five years in jail.
Discharging a Firearm with Intent
Section 244(1) of the Criminal Code makes it an offence to discharge a firearm at another person with the intent to wound, maim, disfigure or endanger their life, or to prevent the arrest or detention of any person. This is a serious offence that carries a minimum punishment of five years in prison for a first offence, with a maximum term of 14 years in jail.
Use a Firearm in the Commission of an Offence
Section 85(2) of the Criminal Code makes it a crime to use a firearm while committing another offence. The offence captures those who use a firearm while committing other crimes, like robbery. There are provisions that deal with firearms and imitation firearms. The offence carries a mandatory minimum punishment of one year in jail.
How do I Beat my Firearm Charges?
There are several potential defences to firearm charges, such as:
• Charter: if the police breach your Charter rights, you can bring an application to exclude the firearm.
• Knowledge: the Crown must prove knowledge and control of the firearm. For example, if a firearm is located inside a motor vehicle, everybody in the vehicle will be charged, but they may defend their charges on the basis that they did not know a firearm was present in the vehicle.
• Is the firearm operational: the Crown must prove that the firearm was operation or can easily be made operational. Sometimes, a firearm is broken or missing parts and therefore the Crown cannot prove an essential element of the offence.
What is the Sentence for Firearm Offences in Canada?
There is a wide range of possible sentences for firearm offences. Every case depends on its facts. A jail sentence, especially one in the penitentiary, is a typical sentence if you are convicted of a firearm offence.
Should I Retain a Defence Lawyer for my Firearms Charges?
The criminal defence lawyers at LZZ have extensive experience successfully defending firearms charges. If you or someone you know has been charged with firearms related offences you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.
Jan 07
Drug Offences
Drug Offences
Any drug related charge can have serious consequences if convicted. If you’ve been charged with a drug crime or narcotics offence in Toronto, the GTA or anywhere in Ontario you may need to hire a criminal defence law firm experienced in handling drug related cases. The sooner you hire the right firm, the odds of winning your case increase.
Narcotics Related Offences
There are four main narcotics related offences under the Controlled Drugs and Substances Act (CDSA):
- Possession
- Possession for the purpose of trafficking
- Trafficking
- Importing
A possession charge means you were found with drugs in an amount for personal use. If you have been charged with possession for the purpose of trafficking, that means that you were in possession of an unlawful substance for the purpose of selling or giving the substance to someone else. This usually means you were in possession of a large amount of an illegal substance — not for personal use but with an intention to sell the drugs. Trafficking in illegal drugs means selling or giving them to other individuals, including undercover police officers. Importation of drugs occurs when you have entered Canada with an illegal substance. This can include drugs that are not in your direct possession, but drugs that have been sent to you.
Changing Cannabis Laws
Cannabis (marijuana) is now legal in Canada, but there are circumstances under which you can face charges including crossing a border with cannabis in your possession, trafficking and driving while high. It is also illegal to sell cannabis without a license — even to a friend or neighbour. Similar to alcohol, legislation exists at both the federal and provincial levels in some instances pertaining to cannabis laws.
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of drug related allegations, from possession crimes such as marijuana charges, through trafficking cases involving large scale drug shipments across borders. If you or someone you know has been charged with a drug related charge you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.
Jan 07
Domestic Assault
Domestic Assault
A domestic violence or domestic assault conviction can result in jail time and a criminal record, leading to future challenges such as employment, travel restrictions, and perhaps most importantly, it may result in not being able to see your children or fulfill an active role in their lives.
Domestic can mean a relationship between married or non married partners, a parent and child, sexual partners, siblings, or other more broadly defined domestic relationships.
Police will usually lay charges when they receive a complaint of domestic violence. Until your charge has been dealt with in court, you will be prohibited from having contact with the complainant and possibly even your children.
There is a common misconception in domestic charges that the charges will be withdrawn if the complainant no longer wants to press charges. That is not the case. The Crown and police are the ones who decide whether they will proceed with the charges or not. The Crown will not withdraw the case simply because the complainant wants them to.
Domestic Violence and Domestic Assault
In order to secure a conviction of domestic violence, the Crown must prove its domestic violence or family violence case beyond a reasonable doubt. The fact that allegations occurred in a domestic relationship would be an aggravating factor on sentence.
Domestic violence charges can be laid as any form of assault, criminal harassment, uttering threats and forcible confinement.
If you have a restraining order against you in a domestic violence case which prohibits contact with your family, a criminal lawyer can assist in having the order lifted in a court of law, should circumstances warrant it.
The Criminal Code also contains special provisions that serve to protect victims of domestic violence.
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of domestic assault related allegations. If you or someone you know has been charged with domestic assault you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.
Common Questions Regarding Domestic Offences
Will my charges get withdrawn if the complainant advises the Crown they no longer want to proceed with the criminal charges?
No. Just because the complainant no longer wants to proceed with the charges or wants to recant their statement does not mean the Crown will automatically withdraw the charges. Although the Crown often seeks complainant input when deciding how to proceed with domestic charges, they do not have to withdraw the charges just because the complainant has asked them to or the complainant is no longer willing to participate.
Can I talk to the complainant to convince them to drop the charges?
No. You are unable to speak to the complainant either directly, or indirectly, for the duration of your criminal matter. Although there may be some exceptions to this, generally someone charged with a domestic offence cannot speak with the complainant until their charges are dealt with.
Why can I not talk to the complainant?
You cannot talk to your partner because you will be bound by a no-contact order for the duration of your criminal proceedings. If you contact your partner, either directly or indirectly, you may be charged with an additional criminal offence.
Can my partner talk to me?
Yes, they are able to contact you. However, you are restricted from contacting or responding to them.
What do I do if my partner contacts me?
You have to ignore them. You cannot respond to your partner through any form of communication.
When can I talk to my partner?
You will be able to speak with your partner once your criminal matter has been taken care of. If your sentence includes probation, you may be unable to contact your partner until you are completed probation as well.
What if the complainant and I have children together?
It is possible to be granted an exception to the non-communication order to allow communication with the complainant only for matters related to childcare. However, it is best that a neutral third-party assists in making any necessary childcare arrangements.
Can I see my children?
Likely, yes. This depends on the conditions of your bail. Typically, arrangements can be made to have contact or communication with your children through a mutually agreed upon third party.
Will I get a criminal record if I am convicted of a domestic assault?
The answer depends on the facts of your matter and whether or not you have a criminal record or a history of domestic related offences. After reviewing your matter, the lawyers at LZZ will be able to advise you about the likelihood of a criminal conviction.
Will I go to jail for a domestic assault?
It is possible. Whether or not you will be sentenced to jail is dependent on several factors, including, but not limited to, the seriousness of the allegations, your criminal record (including any previous convictions for domestic assault), and if the complainant chooses to cooperate with the police and Crown.
Does the complainant have to show up to court?
If the Crown subpoenas them to attend court, yes. If the complainant does not attend court, they may be charged with a criminal offence.
Can my lawyer give legal advice to the complainant?
No, your lawyer cannot properly represent you and provide legal advice to the complainant. However, the lawyers at LZZ will refer the complainant to another lawyer who would be able to assist them with any questions they may have.
Domestic Assault Blogs
I Want to Speak with My Spouse
Should I Hire a Domestic Violence Lawyer?
Brampton Domestic Assault Lawyers
How Can I get my Domestic Assault Charged Dropped?
Being Charged with Domestic Assault
I Have Been Charged with Domestic Assault
Drug Offences Blogs
Jan 07
Criminal Harassment and Threats
Criminal Harassment and Threats
When someone says something that could be perceived as threatening, it is not uncommon for them to be criminally charged. They may not realize how seriously saying things can result in these kinds of consequences and even incarceration if taken too far.
Harassment is a crime that can take many different forms. For instance, repeated phone calls or emails could be considered harassment as well as waiting outside of someone’s home and workplace for them. Stalking also constitutes a criminal behaviour in itself.
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of criminal harassment and threats. If you or someone you know has been charged with criminal harassment or uttering threats you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.
Jan 07
Charter Applications
Charter Applications
The Canadian Charter of Rights and Freedoms addresses the basic freedoms and rights of Canadians. It is a set of laws containing the country’s basic values as a free, democratic society. All legislation must comply with the Charter to ensure that Canada remains an inclusive place for all people.
A criminal investigation can sometimes violate these freedoms in some way, however, there’s recourse when this happens. Where the violation of rights is particularly serious, an accused person may seek a dismissal of the charges, otherwise called a “stay of proceedings”. An accused person can also seek other remedies such as: exclusion of incriminating evidence, an adjournment of trial, order the crown to pay costs incurred to the accused or demand that the Crown make other compensation.
Constitutional rights are the cornerstone of the criminal justice system. The technical aspects of the court processes are subject to the Charter. Some rights that an accused person has are: the right to remain silent, the right to be present for all aspects of his or her trial and the right to be represented by counsel.
Laws themselves are also subject to Charter scrutiny. Whenever a law is passed by the government it must not violate the various constitutional guarantees already in place. If a law breaches a constitutional right, an accused person can bring an application to have the law either struck down or modified by the Court.
The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of Charter violations. If you or someone you know has had their Charter rights violated during the course of a criminal investigation you should contact a criminal lawyer immediately to help determine the best course of action. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.
Common Questions Regarding Bail Hearings
What is the Canadian Charter of Rights and Freedoms?
The Canadian Charter of Rights and Freedoms, known as the Charter, guarantees all Canadians certain rights such as the rights to liberty and equality under the law. It also guarantees fundamental freedoms such as freedom of religion, freedom of expression, freedom of association and peaceful assembly. These are guaranteed only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
What is the relationship between the Charter and criminal law?
The Charter affects all areas of criminal law, from the investigation of a crime, procedural fairness at trial, and decisions about the use of evidence, right through to the sentencing hearing. The Charter can also be used to strike down a criminal law passed by parliament if it violates one of the freedoms protected by the Charter and the government cannot justify the violation.
How does the Charter affect a criminal investigation?
The Charter guarantees that Canadian citizens will not be subject to unreasonable searches (section 8) and seizure or arbitrary arrest or detention (section 9). An individual also has the right to be informed of the reason for arrest or detention (section 10(a)), and the right to obtain and instruct counsel without delay (section 10(b)). If any of these rights are violated in the conduct of a criminal investigation, the evidence obtained can be excluded at trial or the proceedings could be stayed.
How does the Charter affect a criminal trial?
Section 11 of the Charter sets out several specific guarantees which include the following:
• the right to be tried within a reasonable time;
• the right to not be a witness against oneself;
• the right to be presumed to be innocent until proven guilty according to law in a fair and public hearing by an independent and impartial court;
• the right not to be denied reasonable bail without just cause;
• the right to trial by jury where the maximum punishment is imprisonment for more than 5 years or a more severe punishment;
• the right, if acquitted of a charge, not to be tried for it again, and if convicted and punished, not to be tried and punished for it again;
• the right to be charged only in matters that constitute an offence under Canadian or international law, or in a criminal matter in accordance with general principles of law recognized by the community of nations.
How does the Charter affect punishment for criminal offences?
The Charter contains a guarantee against cruel or unusual treatment or punishment.
How do I bring a Charter application?
Before a pre-trial motion or the criminal trial, you will need to file a notice of application setting out the Charter breaches and the alleged factual basis for the Charter breach. This may require the filing of a factum with the Court.
The Charter breach may be that the police officer(s) had no grounds to arrest or search you, or that the Court and Crown have taken too long to prosecute you. There are several Charter allegations that could be made, so this must be properly outlined to allow the Crown to respond to the allegations.
During the Charter application, you will need to call witness and tender exhibit to support that your Charter rights were breached. The onus is on the party alleging a Charter breach to prove that a breach did happen. If successful, you can apply for a stay of proceedings (section 24(1) of the Charter) or to have the evidence excluded (section 24(2) of the Charter). A successful Charter challenge may end the criminal case against you, or it may significantly weaken the Crown’s case against you if specific evidence is excluded.
How do I find a lawyer to help me allege a Charter breach?
The Lawyers at Lockyer Zaduk Zeeh are experienced trial counsel who have brought Charter challenges alleging all types of different Charter breaches, such as illegal searches, unlawful arrests, and unreasonable delay. LZZ has also brought numerous successful Charter challenges finding that provisions of the Criminal Code or other Acts breach the Charter. We defend individuals charged with crimes across Ontario, and regularly represent individuals charged in Toronto, Peel (Brampton and Mississauga), Milton, Guelph, Kitchener-Waterloo, Woodstock London, St. Thomas, Sarnia, and Windsor.
Charter Applications Blogs
The Application of the Charter of Rights and Freedoms at the Border in Importation Cases
