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The Guilty Client

When I attend a dinner party, it is inevitable that someone will hear that I am a criminal lawyer and feel compelled to advise me that they’ve always wanted to be one, too, since first seeing television lawyer dramas like Law and Order or CSI. This is usually followed by the naïve question: “Have you ever acted for a guilty client?” The answer is yes. A thousand times yes. Every criminal lawyer acts for guilty clients or they wouldn’t have much legal work. Whether they are charged with domestic assault, theft, sexual assault or impaired driving, many of our clients are actually at fault. They actually did what they are alleged to have done! When a client comes into my office, the real issue is not whether or not they committed an offence, but rather, can the prosecution prove the case beyond a reasonable doubt. The “Smoking Gun” The term…

4 Mar 2015

Section 10 of the Canadian Charter of Rights...

20 Feb 2015

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…

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…