The right to silence is protected under section 7 and section 11(c) of the Canadian Charter of Rights and Freedoms. It is meant to provide the accused the freedom to avoid implicating himself in criminal proceedings. That means that only statements made voluntarily to police at the time of arrest are permitted as evidence in [...]
Sexual assault consists of any sexual contact that takes place without the consent of the people involved. It ranges from nonconsensual touching to rape and can take place anywhere. It is illegal to force sexual contact on another person regardless if it is in a private home, or a public place. All sexual acts that [...]
Although there is no specific offence listed in the Criminal Code, most acts of family violence are crimes in Canada. But there are offences related to domestic abuse, such as assault and forcible confinement. There are also offences related to various forms of psychological or emotional abuse that involve the intent to control, isolate, intimidate [...]
This is something all gun-owners should be aware of: All Canadians have a right to self-defence and to use firearms against attackers. However, the right to self-defence does not overrule the requirement to register a weapon. This story is a good example of what you can expect if ever in a similar situation. In 2010, [...]
Bail court is not offered to every person who is accused of a criminal offence. The police determine whether to release the accused or bring them to bail court based on the severity of the charges, past criminal offences, and whether they are already accused of other crimes at the time of the arrest. However, [...]
Obviously the purpose of a criminal investigation is to gather all of the facts, evidence, and witnesses that can substantiate proof that the crime was or wasn’t committed by the accused. Criminal investigators have extensive backgrounds before they can become investigators. They must have a bachelor’s degree in a related field, must have applied to [...]
In general, any criminal charges can negatively affect Canadian immigration or residential status, even if the charges were dropped or dismissed. It can definitely prevent you from applying for citizenship and in some cases, it may prevent you from staying in Canada. This includes offences such as theft, assault, manslaughter, dangerous driving, impaired driving, selling [...]
Keeping people out of jail for the first time is instrumental in helping them avoid repeat incarcerations. Yet, statistically, most convicted offenders have at least one prior conviction. In fact, nearly 75 percent of offenders have multiple prior convictions. According to a study conducted by Statistics Canada and the University of Waterloo, chronic offenders account [...]
Although there are exceptions, every crime includes at least three parts: a criminal act, criminal intent, and the coexistence of the two. There are criminal acts where the predetermined intent did not exist or cannot be proven. That is when “defences that involve life circumstances” come into play. Defences that involve life circumstances run the [...]
Court Procedures for Criminal Cases If you or someone you know thinks they have committed a crime, this information will help to understand exactly how crimes are classified and handled by the courts. The primary criminal offences in Canada are set into three categories: (1) summary conviction offences, (2) indictable offences, and (3) hybrid offences. [...]
