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What are the Different Types of Search...

Canadian criminal law is concerned with balancing society’s interest in preventing and punishing harm with preserving respect for the liberty and privacy rights of individuals. This tension is particularly relevant when the police wish to search a person or location. Most Canadians would agree that it would be a gross invasion of privacy if the police were allowed to enter an individual’s home at any given time for no reason at all to search for evidence of crime. However, most Canadians would likely also agree that there are some situations where the police must be able to enter private homes – a clear example of this would be if the police knew that there was a kidnapped child being held within the home. The debate between privacy and crime control applies to private locations such as a home, car, or safety deposit box and to a person’s body. The criminal…

27 Mar 2018

Section 12 of The Charter of Rights and...

22 Mar 2018

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…

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…