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Section 12 of The Charter of Rights and...

Section 12 of the Canadian Charter of Rights and Freedoms guarantees every individual “a right not to be subjected to any cruel and unusual treatment or punishment”. Though s. 12 is not used as frequently by criminal defence lawyers as some of the other legal rights in the Charter (for example, ss. 10 or 11), criminal defence lawyers have had some success using s. 12 to challenge sanctions sentences imposed upon conviction. In the United States the proscription against cruel and unusual treatment” has been used to challenge the quality of the custodial experience and the death penalty. In addition, in the context of an extradition hearing, criminal defence lawyers sometimes use s. 12 to protest their client’s deportation to a country where they may face torture or the death penalty. Only the government of Canada and its agents are legally bound by the provisions of the Charter. Thus, s.…

22 Mar 2018

Firearm Offences in Canada

20 Mar 2018

Part III of the Criminal Code of Canada sets out firearm offences. These offences are further split into categories including the use, possession, trafficking, assembling, exporting/importing, and offences relating to…

Possession of Prohibited Weapons- Pepper...

16 Mar 2018

  Criminal defence lawyers often encounter questions about the legality of weapons other than firearms, such as pepper spray, nunchuks, and knives. Part III of the Criminal Code deals with…

Striking Down The Mandatory Minimum, R. v....

13 Mar 2018

In Canada, mandatory minimum sentences are imposed on  individuals convicted of certain criminal offences. This means that sentences imposed on individuals convicted of criminal offences that carry mandatory minimum sentences…

What is the Police Record Check Reform Act?

7 Mar 2018

Individuals living in Ontario who have never been convicted of a criminal offence and therefore do not have a criminal record may still have information disclosed about them pursuant to…

The Canadian Jury System

1 Mar 2018

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…

Do I Have To Pay The Criminal Injury...

27 Feb 2018

The Criminal Injury Compensation Board’s goal is to provide support to complainants in criminal matters. If an individual is a complainant in a matter, or otherwise affected by a criminal…