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Domestic Assault in the Greater Toronto Area

I have been practicing criminal law in the Greater Toronto community (Brampton, Newmarket) for over 30 years. The crime of domestic assault is not new, but recently the infamous Ray Rice and Oscar Pistorius cases have generated a more profound interest in the subject. Intimate relationships between partners can explode into threatening and assaultive behaviour. Voices are raised. Concerned neighbours call the police to prevent violence or a perpetuation of the violence. The police arrive, assess the situation, and ordinarily arrest the male combatant. Women are also charged with domestic assault, but less often. Historically, police have learned that minor altercations can precipitate fatal confrontations between partners- so-called crimes of passion. No police officer wants to exercise discretion at the scene of a minor confrontation, only to learn that upon his departure that confrontation escalated into a homicide. Thirty years ago in bail courts throughout Ontario, there were always a…

12 Sep 2014

Is it a Crime to Avoid Jury Duty?

11 Sep 2014

Avoiding Jury Duty- The Luka Magnotta Murder Trial As a defence lawyer, I occasionally receive a frantic phone call from a person who has received a summons for jury duty.…

Is it a Crime to Drive Without Car Insurance?

10 Sep 2014

It is an offence under the Compulsory Automobile Insurance Act of Ontario to drive in Ontario without car insurance, however it is not a criminal offence (an offence contained in…

Is it a Crime not to Report a Crime?

19 Aug 2014

It is not a criminal offence in Canada not to report a crime. The Criminal Code of Canada does not contain the offence of not reporting a crime. Even if…

Is it a Crime to Counsel Someone to Commit a...

13 Aug 2014

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

Is It A Crime To Practice Witchcraft?

5 Aug 2014

It is a crime to practice witchcraft in Canada with the intent to deceive another by pretending to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration.…

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

4 Aug 2014

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…