Open

Section 10 of the Canadian Charter of Rights...

What is the Right to Counsel? Section 10 of the Canadian Charter of Rights and Freedoms contains three rights that every individual has upon arrest or detention. This section states that everyone has the right on arrest or detention to: a. Be informed promptly of the reasons therefore b. Retain and instruct counsel without delay and to be informed of that right c. Have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful Any individual who is arrested or detained by the police or any other government agency are protected by these aforementioned rights. Section 10(b) creates a duty for the police to provide the individual they have detained or arrested with the opportunity to exercise their Charter rights. What Qualifies as Detention in Section 10 of the Canadian Charter of Rights? The meaning of the word “detention” in section 10…

20 Feb 2015

Sexual Assault: Mistaken Belief in Consent

9 Feb 2015

Sexual assault is a criminal offence under s. 271 of the Criminal Code. Sexual assault is defined as any form of sexual contact without the consent of both parties. This…

What Shows up in Criminal Record Searches?

22 Jan 2015

Many clients charged with criminal offences express concern that they don’t want a criminal record, and rightfully so. A criminal record can affect one’s ability to travel or to obtain…

Is It A Crime To Record a Conversation?

9 Dec 2014

It is not a crime and legal in Canada to record a conversation as long as at least one party consents to the recording. It is legal to record a…

What is a Peace Bond?

24 Nov 2014

In various circumstances, an individual charged with a criminal offence (Domestic Assault or otherwise) may be offered a Peace Bond as a mechanism to resolve their criminal charges. A Peace…

Can A Domestic Assault Charge Be Dropped?

11 Nov 2014

Yes, it is possible to have domestic assault charges dropped. However, the complainant or victim are not in control of this process. The power to withdraw criminal charges is held…

Jian Ghomeshi: Rough Sex, Sexual Assault and...

15 Oct 2014

Is Jian Ghomeshi innocent? In the media frenzy surrounding the allegations against Jian Ghomeshi, it is important to keep an open mind in spite of the number of women who…