Open

How Can I Appeal a Finding of Guilt For a...

It is possible to appeal a finding of guilt at a higher court. In Canada, anyone found guilty of breaking the law may ask a higher court to review what happened at the trial. This is called an appeal. An offender may file an appeal against the conviction and/or the sentence. The Crown may also appeal against an acquittal or a sentence but, generally speaking, the Crown’s right to appeal is much more restricted than that of the offender. In which court will the appeal be heard? The court will be different depending on the type of crime. Cases that usually have less serious penalties are called “summary conviction offences.” These cases are appealed to the Superior Court of Justice, and are heard before a judge of that court in the community where the trial was conducted. Cases that usually have more serious maximum penalties, such…

1 Sep 2016

#wrongfullyconvictedwednesday Clayton Johnson

31 Aug 2016

Clayton Johnson was wrongfully convicted of murdering his own wife. Clayton Johnson was wrongfully convicted of murdering his wife. On the morning of  February 20, 1989his…

Is it Crime to be Intoxicated in Public...

30 Aug 2016

    You could be criminal charged for being intoxicated in public.   You could be charged for public intoxication with both provincial and federal law.…

What is the Sex Offender Registry?

25 Aug 2016

  A conviction of certain sex-related criminal offences can require someone to be on the Sex Offender Registry. The National Sexual Offender Information Registry is a national…

#wrongfullyconvictedwednesdays David...

23 Aug 2016

Gord Downie is an advocate for the wrongfully convicted. With the conclusion of the final concert of legendary Canadian musicians, the Tragically Hip, Toronto Defence Lawyers…

Is it Crime to Download Movies in Canada?

23 Aug 2016

  A copyright owner has the exclusive rights under the Copyright Act to communicate the work to the public. Unauthorized copying or distribution of copyrighted material is prohibited under the…

Upon arrest, can the Police search your...

18 Aug 2016

More and more information from your cell phone can be used against you at a criminal trial. The Supreme Court of Canada in R v Fearon…