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Assault by Parents

  Assault is illegal under the Criminal Code of Canada. Assault, as defined in the Code, includes any form of physical punishment parents, teachers or caregivers traditionally use to correct their child’s behaviour such as spanking, pinching, or washing a child’s mouth out with soap for foul language. However, section 43 of the Criminal Code contains a statutory defence to assault for parents, teacher, or other caregivers (such as babysitters or foster parents) when the corporal punishment is “reasonable force” employed to discipline children in their care. The provision states that “every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances”. Thus, the defence only applies to caregivers disciplining children with whom…

24 Apr 2018

What is Jurisdiction?

19 Apr 2018

  The word “jurisdiction” comes from the Latin word ‘juris’ meaning law and ‘dicere’ meaning to speak.  It indicates the authority granted to the courts to deal with and make…

Police “Spy” Tactics

17 Apr 2018

Sgt. Aaron Sidenberg of York Regional Police rides the bus to spot texting drivers.   As of 2012, motor vehicle drivers in Ontario face a hefty…

Opinion Evidence at Trial

12 Apr 2018

 When an individual testifies as a witness their primary job is to testify about facts that are within their knowledge. Generally speaking, the court is not interested in a witness’s…

The Doctrine of Common Intention

10 Apr 2018

An individual may be liable for those offences which he she does not commit as a principle offender but in which he or she plays a part in committing. When…

Formal Admissions

5 Apr 2018

While preparing for a criminal trial, the accused individual and his or her criminal defence lawyer will receive a statement of the prosecution’s case against the accused. Before the trial…

What is Hearsay Evidence?

3 Apr 2018

The rules of evidence dictate what evidence is admissible at a criminal trial. For example, evidence may be deemed inadmissible because it is unreliable, potentially contaminated or has the potential…