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We looked inside some of the posts by brianrosslawca and here's what we found interesting.
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When Can Provocation Reduce Murder to Manslaughter
When can provocation reduce murder to manslaughter? This article explains the legal framework under section 232(1) of the Criminal Code of Canada, outlining the four key elements required for the partial defence to apply. Understand how evidence is assessed, what constitutes a provoking act, and the impact of recent legal changes. Learn your rights and explore your legal options today read more here
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Sentencing Under the Youth Criminal Justice Act: Part 5
How does the Youth Criminal Justice Act protect the identity of young offenders during sentencing? This article explains publication bans, record retention, and exceptions for adult sentencing. For personalized legal advice, contact an experienced criminal defence lawyer. Understand the Act’s provisions to better protect your rights and future read more here
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Sentencing Under the Youth Criminal Justice Act: Part 4
What are the sentencing rules for youth convicted of murder or manslaughter under the YCJA? Sentences emphasize rehabilitation and reintegration over punishment. If a youth turns 18 before being sentenced, they may be placed in an adult facility, unless it’s in their best interest. Learn about custody limits, conditional supervision, and how age and pre-trial custody impact outcomes. Contact criminal defence lawyer Brian Ross for legal guidance read more here
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Sentencing Under the Youth Criminal Justice Act: Part 3
When can a youth be sentenced to jail under the Youth Criminal Justice Act? This article explains when incarceration is considered, including violent offences, repeat non-compliance, and serious indictable crimes. Learn about sentencing limits, rehabilitation programs, and how the YCJA balances accountability with reintegration. Understand youth custody rules, maximum sentences, and supervision guidelines. Read more to stay informed read more here
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Sentencing Under the Youth Criminal Justice Act: Part 2
Discover why youth sentences are often lighter than adult sentences under the Youth Criminal Justice Act. Section 38 outlines how youth sentencing focuses on accountability, meaningful consequences, and rehabilitation to ensure long-term public safety. Learn how judges determine appropriate sentences and the role of remorse in the process. Understanding these principles is key to grasping the youth justice system. Read on to explore how the law balances fairness and rehabilitation in youth sentencing read more here
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Sentencing Under the Youth Criminal Justice Act: Part 1
Discover why youth sentences are often more lenient than adult sentences under the Youth Criminal Justice Act (YCJA). Section 3(1) outlines key principles that guide sentencing, ensuring accountability while considering factors like intent, harm caused, and the young person’s conduct. Learn how the YCJA balances fair consequences with rehabilitation and proportionality in youth justice. Explore the principles shaping young offenders' sentencing and understand the legal framework designed to foster responsibility and reintegration. Read more to gain valuable insights read more here
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Can out of court statements that confirm a witness’s testimony be admitted at trial?
In a trial, a witness’s prior consistent statement is usually inadmissible. Simply repeating a statement doesn’t prove truthfulness—a lie can be told twice. Allowing such statements would unfairly support a witness’s testimony without real proof. Understanding courtroom rules is key to a strong defense. Need legal expertise? Contact us today for a consultation read more here
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Can the police hold off on putting me in contact with my lawyer?
Know your rights! Under Section 10(b) of the Canadian Charter, police must ensure timely, meaningful access to legal counsel. Learn more about this crucial protection and how it applies. For personalized guidance, consult an experienced criminal defence lawyer today read more here
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Do I have the Same Rights in Terms of Answering Police Questions When I’m Detained and Not Under Arrest?
Discover your rights if detained by Canadian police. Under Section 10 of the Charter, you have the right to consult a lawyer, even if not formally arrested. Courts define detention as any substantial physical or psychological restraint that limits freedom. If you feel pressured by police and need legal clarity, contact Toronto criminal defence lawyer for trusted advice and defence read more here
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What does it mean that a trial has to happen within a reasonable time?
Learn the importance of being “tried within a reasonable time” under Section 11(b) of the Canadian Charter. In Ontario, criminal trials must generally conclude within 18 months at the Ontario Court of Justice and 30 months at the Superior Court. Delays beyond these limits are often unreasonable, but exceptions apply. For legal help in Toronto, contact a criminal defence lawyer read more here
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Does a jury get to hear about an accused’s criminal record?
Discover when an accused’s criminal record may be kept from a jury in a Superior Court trial. Learn about the Corbett Application and how it can protect against unfair prejudice. For expert legal advice in Toronto, contact criminal defence lawyer today read more here
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Can the Police Search My Car After I Was Arrested?
Discover the legal framework around police searches of vehicles following an arrest, including privacy safeguards under Section 8 of the Canadian Charter. Understand what constitutes a lawful search, privacy expectations, and your rights during these interactions. For personalized legal advice on your specific case, connect with an experienced criminal lawyer to protect your rights effectively read more here
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What Does It Mean That I Have a Right to Counsel?
The right to counsel guarantees individuals access to legal representation, safeguarding them against self-incrimination and ensuring a fair trial when confronting the state's power. Understanding this fundamental right is crucial for making informed decisions about legal proceedings and protecting one's constitutional liberties read more here
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The Police Strip Searched Me – Is That Allowed?
A strip search involves removing or rearranging some or all of a person's clothing to inspect for concealed items. Understanding when police are permitted to conduct a strip search and knowing your rights during such a procedure is crucial. Learn about legal justifications, limitations, and protections to ensure your rights are respected read more here
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The Police Used Excessive Force: How Can That Affect My Case?
Police officers can use force only when needed and within the law. However, excessive force can occur, potentially significantly impacting your legal case. Understanding the specifics of such cases, including the circumstances and methods of excessive force, is crucial to effectively addressing and mitigating its effects on your situation read more here
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I Was Acting in Self-defence – So Why Am I Charged
The legal principles governing self-defence in Canada are intricate. Below is a concise overview of this particular defence. This content is purely informational and does not constitute legal counsel. For personalized legal advice read more here
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Concept of “Reasonable Doubt” in Canadian Criminal Law
We often hear the term "reasonable doubt" in television shows and movies, especially in legal dramas. But what does it really mean? This concept is crucial in criminal law, ensuring that a defendant is only convicted if there is no reasonable uncertainty about their guilt. Learn how this standard is rigorously applied by the courts to uphold justice read more here
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