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Is it a Crime to Have Sex with a Person who...

Sexual assault is a criminal offence under s. 271 of the Criminal Code. Sexual assault is defined as any form of sexual contact without the consent of either party involved in the “sexual” activity. Consent is a defence to sexual assault. If the accused and their criminal defence lawyer can satisfy the court that the complainant actually consented to the sexual act, the accused will not be found guilty of sexual assault. According to s. 273.1(1), “consent” is defined as the voluntary agreement of the complainant to engage in the sexual activity in question. To constitute consent for legal purposes, the complainant must have consented voluntarily; thus, consent is meaningless if it is obtained through threats. Moreover, the complainant must have consented to the specific sexual activity the court is considering. Thus, it is not a defence that the complainant consented to sexual activity with the accused in the past.…

4 Aug 2014

Is it a Crime to Smoke Marijuana During...

1 Aug 2014

Yes. Possession of Marijuana is still a crime in Toronto! The Toronto Police Services may exercise their discretion and either tolerate its use or seize marijuana without laying a criminal…

How Do I Get A Restraining Order Against...

31 Jul 2014

Generally speaking, a section 810 peace bond is Canada’s version of a “restraining order.” Section 810 of the Criminal Code of Canada sets out the statutory procedure to obtain an…

What Is A Reasonable Prospect of Conviction?

16 Jul 2014

In the case of Proulx v. Québec [2001], the Supreme Court of Canada discussed the concept of a reasonable prospect of conviction and said the following: “To say that a…

Is It A Crime to Miss Your Court Date?

14 Jul 2014

Missing a court date can result in further criminal charges being laid against an accused person. Failure to appear in court as required is a violation of the law which…

What Is “Beyond A Reasonable...

4 Jul 2014

Reasonable Doubt The standard of proof in a Canadian criminal trial is proof beyond a reasonable doubt. This means that the judge or jury must be satisfied beyond a reasonable…

Can Carrying A Weapon Lead to Criminal...

2 Jul 2014
Carrying a weapon can be a criminal offence, know the law before you get arrested. Ignorance of the law is no defence.

Section 88 of the Criminal Code makes it a criminal offence to carry a weapon for a purpose “dangerous to the public peace”. This section applies to weapons other than prohibited weapons. Prohibited weapons are…