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What Does “Jurisdiction” Mean?

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 decisions on legal matters. It also denotes the geographical area the authority applies to. Jurisdiction is what grants the court the power to proceed with a particular offence at a particular time. Any proceeding that is conducted without jurisdiction is a nullity, meaning it will be treated as if it never happened. What are the Preconditions for a Court to Obtain Jurisdiction? There are three preconditions that need to be satisfied before the Court can obtain jurisdiction. Information and Indictment This is the There must be a charging document before the court. This is referred to as the information or indictment. The information is the document which sets out the formal accusations against the accused. The crown must prove exactly what is charged…

18 Aug 2015

Can a Person with a Criminal Record Act as a...

15 Jul 2015

What is a Surety? A surety is someone who agrees to take responsibility for a person accused of a crime. Being a surety is a serious commitment. A surety is…

Can you Get Charged for Reading Someone’s...

20 Apr 2015

In today’s fast-paced economic climate, most Canadians receive their personal and business correspondence via e-mail. Everything from bills to financial statements to wedding invitations to office work are sent over…

Is it a Crime to Drink in Public?

8 Apr 2015

Canadian liquor laws are constructed provincially and not federally. However, the Government of Canada considers a beverage alcoholic in nature if it contains 1.1% or more alcohol by volume. The…

Is it A Crime in Canada to Commit Assisted...

18 Mar 2015

In Canada, aiding or abetting a person to commit suicide is a criminal offence pursuant to section 241(b) of the Criminal Code. Section 14 of the Code says that no…

The Guilty Client

4 Mar 2015

When I attend a dinner party, it is inevitable that someone will hear that I am a criminal lawyer and feel compelled to advise me that they’ve always wanted to…

Section 10 of the Canadian Charter of Rights...

20 Feb 2015

What is the Right to Counsel? Section 10 of the Canadian Charter of Rights and Freedoms contains three rights that every individual has upon arrest or detention. This section states that everyone has…