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The Canadian Charter of Rights and Freedoms...

There are two essential stages to any challenge under the Canadian Charter of Rights and Freedoms. In the first stage, the claimant, working with his or her criminal defence lawyer, must show that it is more likely than not that his or her Charter rights were breached. In the second step the burden of proof switches to the Crown, and the Crown must show that it is more likely than not that the breach was justified under s.1 of the Charter. Section 1 of the Charter limits all of the other rights in the Charter. It states that “[t] he Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” If the government passes a law that breaches the constitution, they can invoke s. 1…

25 May 2010

Section 1 of the Canadian Charter of Rights...

20 Apr 2010

There are two essential stages to any challenge under the Canadian Charter of Rights and Freedoms. In the first stage, the claimant, working with his or her criminal defence lawyer,…

Section 11 of the Canadian Charter of Rights...

9 Apr 2010

Section 11 of the Charter guarantees every individual certain rights when they are charged with a criminal offence. Section 11 applies to all types of offences (criminal, quasi-criminal, and regulatory…

Long Term Offender Designation

13 Mar 2010

Bill C-55, which came into force on August 1st, 1997, made significant changes to Canada’s Dangerous Offender legislation. This legislation allows the government of Canada to detain indefinitely those offenders…

Prostitution Laws – Toronto, Ontario and...

8 Mar 2010

There is no explicit prohibition against “prostitution” in the Criminal Code of Canada. In other words, the specific act of engaging in sexual activity for money or any other form…

How to Choose a Criminal Lawyer in Toronto

25 Feb 2010

None of us want to be in such a situation, but if you are accused of a crime for any reason, the first thing to do is hire a good…

The Jury

16 Feb 2010

The jury system is one of the most fundamental institutions in Canada’s criminal justice system. Under the Canadian Charter of Rights and Freedoms every person has the right to be…