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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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Tips for Preparing for a Criminal Trial in Canada

Facing criminal charges in Canada can be daunting. To navigate the legal process effectively, thorough preparation for your trial is essential. Equip yourself with vital tips to ensure you enter the courtroom with confidence and a solid understanding of the Canadian judicial system read more here

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Surety Bond: Who is a Surety and How Can They Assist You Get Bail

Each day, individuals face arrests and criminal charges, often leading to their release from the police station under certain conditions. For instance, an accused person might be granted release with a "Promise to Appear" and an "Undertaking," stipulating conditions such as avoiding contact with specific individuals or adhering to a curfew. However, there are instances where the accused isn't released from the police station, prompting a bail hearing. During this hearing, the presiding justice assesses whether the accused should be released from custody until the case is resolved. Depending on the circumstances, the accused may be released on their own recognizance or require a surety read more here

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Is This Going to Make Me Look Bad?

Sometimes, what we say or do after an event happens can be used against us at trial. This is called “post-offence conduct”. This is because evidence of what a person said or did after an offence was committed can be relevant to deciding whether it was that person who committed it and/or what was their ‘state of mind’ when they committed it read more here

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Can the Police Enter and Search Your Home?

It is never a comforting situation to be awakened by police officers knocking at your door. Worse still is the situation where the police are asking to come inside to search the house. The question, “Can the police enter and search your home?” is a common one. The short answer is: it depends. Keep reading to discover under what conditions an officer can enter and search your home read more here

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Defining “Harassment” Under the Criminal Code

Harassment is a term that often appears in legal discussions and everyday conversations, yet its precise definition can be somewhat elusive. The following article is intended to provide information about how it is defined and classified under the Criminal Code of Canada. This article is for informational purposes only and is not intended as legal advice. For proper legal advice, you will need to contact Brian Ross to discuss your particular situation read more here

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Questions to Ask a Criminal Lawyer

Nobody wants to find themselves charged with a crime. Regardless of your situation, hiring an experienced criminal lawyer is key to effectively representing your case.  

Before you hire a lawyer, you’ll need to speak and learn more about the lawyer during an initial consultation where both parties can learn if they’re a good fit. This means asking certain questions that will help you understand their approach, success rate, usual clientele, and communication style. 

Here are some questions to ask a criminal lawyer during your initial consultation so you can make an informed decision heading into the courtroom read more here

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A Guide to Defending Dangerous Driving Charges in Toronto

Most Canadians drive safely and follow the rules of the road. Sometimes, however, mistakes are made, which sometimes results in criminal charges. Dangerous driving, driving in a manner that puts the public in danger, is one such charge. The following information is not legal advice; it is for informational purposes only. If you have been charged with dangerous driving, you should seek advice from an experienced criminal defence lawyer.

What is Dangerous Driving?

Under Canadian law, dangerous driving occurs any time a driver operates a car (or a boat, aircraft, or railway equipment) in a way that puts others in danger. The outcome of the act doesn’t determine the charges; in other words, whether or not the driver’s actions cause an accident or death has no bearing on the filing of charges read more here

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Understanding the Difference Between Murder, Manslaughter, and Infanticide

Under Canadian law, not every killing is a criminal offence. For example, an individual who kills another when acting in lawful self-defence is not guilty of committing a crime. Generally, culpable homicides can be classified as murder, manslaughter, and infanticide. This article only deals with murder and manslaughter: a discussion of infanticide is beyond its scope. The following is for informational purposes and is not legal advice. You should consult with a professional criminal lawyer for legal advice about your matter read more here

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Your Rights to Speak to a Lawyer When You Are Arrested

As a Canadian citizen, the Canadian Charter of Rights and Freedoms affords you specific rights. Among these rights is your right to speak to a lawyer when you are arrested or detained read more here

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What is Bail & How Does it Work? Bail in Canada Explained

What is bail, and how does it work? A ‘bail,’ formally known as a “recognizance,’ simply means a release from custody. A bail allows an accused person to remain at home or elsewhere instead of jail as their criminal case progresses through the court system. A Judge or Justice of the Peace can grant bail if they believe the accused will appear in court when required and obey the conditions set out in the recognizance read more here

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How Does the Covid-19 Pandemic Affect the Right to Have a “Speedy Trial”?

Section 11(b) of the Charter: Trial within a reasonable time

Section 11(b) of the Canadian Charter of Rights and Freedoms, guarantees that any person charged with a criminal offense has the right to be tried within a reasonable time. What does “a reasonable time” mean? In the case of R v Jordan, the Supreme Court of Canada held that where a case prosecuted in the provincial court exceeds 18 months. (if prosecuted by indictment in the Superior Court of Justice, 30 months), that delay is presumptively unreasonable. Delay waived by the defense, does not count towards the ceiling read more here

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What is Diversion Program for Shoplifting in Canada?

A diversion program for shoplifting offences offers an alternative way to deal with shoplifting/Theft Under $5000 charges that neither require a trial nor a guilty plea. Generally, it results in the shoplifting charge being withdrawn, and when a charge is withdrawn, it means that there is no “criminal record.” Below is a brief overview of the diversion process – it is not intended as legal advice. If you have been charged with a criminal offence, including a shoplifting offence, you should contact a criminal lawyer to receive legal advice about your case read more here