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Bail and the Tertiary Ground

Sometimes when an individual is charged with a crime, he or she will be detained in custody pending a bail hearing. At the bail hearing, the Crown Attorney must “show cause” – i.e., show the court why the accused should be kept in custody until his or her trial. If the Crown cannot satisfy a judge that there is cause to keep the accused in custody, he or she will be released into the community on bail while awaiting trial. The Crown can show cause that the accused should be detained only by establishing one of the following grounds: 1. That the accused is likely to fail to appear in court or flee the jurisdiction; 2. That the accused must be detained in order to protect the public; and/or 3. That the accused must be detained to maintain public confidence in the administration of justice. Criminal defence lawyers and other…

11 Nov 2009

Conditional Sentences of House Arrest

2 Nov 2009

Since 1996, judges in Toronto and throughout Canada have been able to sentence those found guilty of a crime to a conditional sentence as an alternative to incarceration. Canada has…

DNA Orders, Primary and Secondary Offences

1 Nov 2009

In 1995, despite resistance on the part of criminal defence lawyers and civil rights activists, Bill C-18 was passed, which amended the Criminal Code to create a regime for collecting…

How Do I Choose A Lawyer?

1 Sep 2009

Facing criminal charges can be intimidating and stressful. One of the first obligations the court puts on an individual accused of a crime is to “retain counsel”. In other words,…

NCR vs. Criminal Responsibility

18 Aug 2009

Usually a trial ends with a finding of either “guilty” or “not guilty”. However, sometimes the court will find an individual “not guilty by reason of mental disorder”. These individuals…

Police Can Legally Search Garbage Without a...

14 Aug 2009

The Supreme Court of Canada made headlines earlier this year when they released their decision in R. v. Patrick (“Patrick”) which confirmed, for the first time ever, that the police…

Immigration Repercussions of a Criminal...

13 Aug 2009

As criminal defence lawyers practicing in a multicultural city like Toronto, we are often asked what effect a criminal conviction may have on a client’s immigration status. If you are…