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Is It A Crime to Miss Your Court Date?

Missing a court date can result in further criminal charges being laid against an accused person. Failure to appear in court as required is a violation of the law which may result in an arrest warrant, fines, and other sanctions. A failure to appear charge will remain as an additional criminal offence in situations where the underlying charges are subsequently withdrawn or the accused is found not guilty. The legal duty to appear can arise from a summons, a promise to appear, an Undertaking, or a Recognizance. It is very important to ensure you are aware of and attend at all court dates, times and locations.  What happens if you miss a court date? Typically, when an accused person misses a court appearance the presiding justice will issue a warrant for their arrest. In some situations the justice may extend a courtesy to the accused and issue a ‘bench warrant…

14 Jul 2014

What Is “Beyond A Reasonable...

4 Jul 2014

Reasonable Doubt The standard of proof in a Canadian criminal trial is proof beyond a reasonable doubt. This means that the judge or jury must be satisfied beyond a reasonable…

Privacy in the Digital Age

20 Jun 2014

Recently, in the case of R. v. Matthew Spencer (June 17, 2014), the Supreme Court of Canada was called upon to consider our right of privacy in the context of…

Authority to Search a Motor Vehicle

10 Nov 2010

In Canada, all powers to search and seize are now subject to section 8 of the Canadian Charter of Rights and Freedoms, which articulates the right not to be unreasonably…

Subway Pusher Found Not Criminally...

28 Oct 2010

R. v. De Oliveira, 2010 ONSC 5847 Reasons for Judgment of Backhouse, J. delivered October 25,2010 BACKHOUSE J.: [1] Adenir De Oliveira is charged with 3 counts of attempt murder…

Not Criminally Responsible – Sec. 16 of...

21 Oct 2010

Sec. 16 of the Criminal Code reads as follows: 1. Defense of mental disorder – No person is criminally responsible for an act committed or an omission made while suffering…

Hearsay Evidence

18 Oct 2010

Generally speaking, a hearsay statement is an out-of-court statement made by person A to person B (or overheard by person B), which is being tendered in court as evidence of…