Open

Remedies Pursuant to the Canadian Charter of...

It is very important for every Canadian to understand, not only his or her rights under the Canadian Charter of Rights and Freedoms, but also how those rights can be enforced in a court of law. Once the court has determined that your rights under the Charter have been infringed, what remedies are available to redress the wrong you have suffered? Criminal defence lawyers and other legal professionals refer to the legal results of enforcing a Charter right as “remedies”. Under law, judges have the power to prescribe certain remedies when an individual’s rights have been breached. There are a wide variety of remedies available under the law (declarations, damage awards, restitution, specific performance, etc.) Sometimes a Charter remedy could be as simple as a declaration that the government did in fact breach the individual’s Charter rights. In rare cases, the court may order the government to pay the individual…

5 Oct 2010

Accessory After the Fact

27 Sep 2010

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

Airport Security

20 Sep 2010

There is no place on Canadian soil where individuals have less constitutional protection than at an international airport. The government and the courts have determined that overriding concerns for effective…

Criminal Records Legislation Passed by MP’s

13 Jul 2010

Many individuals with criminal records opt to apply for a pardon in order to negate the detrimental effect a criminal record can have on daily life. The ability to get…

Aboriginal Accused and the Criminal Justice...

4 Jul 2010

If a guilty plea is entered or if a person is convicted after trial, the focus of the Court shifts to sentencing. If you are entering a guilty plea it…

Freedom of Expression Limited By G20

29 Jun 2010

The G20 summit has brought our world’s most powerful leaders to Toronto. Discussion topics for the summit relate to international finance and development. Toronto will be hosting leaders from the…

Dangerous Driving & Expressing Yourself...

28 Jun 2010

The second part of our continuing look at the interaction between World Cup celebrations and the criminal justice system relates to driving motor vehicles. To recap, during the World Cup…