CRIMINAL LAW
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Arson
There are numerous ways an individual can commit arson under the Criminal Code, and the penalties can be severe. Depending on level of damage and injury caused, one can face a maximum punishment of life imprisonment.
License Suspension
A driver’s license suspension can have a devastating impact on people’s lives. Whether facing criminal charges are not, there are various reasons why one’s license may be suspended, and the length of the suspension will depend on a number of factors.
Assault with a Weapon
Assault with a weapon is a more serious charge than “simple assault”, but is a very broadly defined type of offence. A person can be charged with assault with a weapon even if they did not actually strike the other person. Depending on the context in which it is used, any item can be considered a “weapon”.
Mischief
Mischief encompasses a broad spectrum of activity under the Criminal Code, and the penalties vary significantly depending on the type of mischief and the complexity of the matter.
Bail Hearings
The first step after a person is charged with any offence is determining how they will be released pending the outcome of their case. People who have criminal records or are facing serious charges are often held for a bail hearing.
Obstruction of Justice
The criminal justice system takes charges of Obstruction of Justice and Obstruction of Police very seriously. It is important to obtain legal representation that takes your case just as seriously, and has the expertise to navigate the nuances of these broadly constructed prohibitions
Bail Reviews
If a person is denied bail, they may bring a Bail Review. Bail Reviews require a review of the bail hearing proceedings and the legal and factual issues involved at the bail hearing. They require the preparation of specific materials that must be filed with the reviewing Court.
Pardons
If a person has been found guilty of any criminal offence, they may be eligible to apply for what is now called a Record Suspension after a certain period of time. The types of charges, the sentences the person received and the dates they were sentenced are all key factors in determining whether a person would qualify or not.
Breach of Probation
Failure to abide by the terms of your probation order can result in new, additional criminal charges. The penalties you can face for a breach of probation charge may be more serious than the original sentence you were serving.
Peace Bonds
A peace bond is a court order issued by a judge. It is an agreement entered into whereby a person promises to keep the peace and be of good behaviour, in addition to other potential conditions, for a specific period of time. A peace bond does not require an individual to plead guilty or admit fault. You can either enter into a peace bond as an accused, or apply to obtain a peace bond against someone else.
Break and Enter
Breaking and entering is a very serious offence that has the potential to result in a maximum sentence of life imprisonment. “Home invasions” are a more serious category to this type of charge. A person can be charged with break & entering even if no items are stolen.
Possession
The law defines possession very broadly based on “knowledge, consent and control”. That is why a person can be charged with possession of illicit drugs or a weapon for simply being in the same place where the item was found. This is the text area for this paragraph. To change it, simply click here and start typing.
Conspiracy
It only takes agreement between two people to form a conspiracy, and police can charge you for one even if you never took any other steps to commit the alleged offence. It is important to have legal assistance and representation when facing a conspiracy charge, not just because of the relatively low evidentiary threshold the prosecution needs to meet in a conspiracy case, but also because conspiracy cases often involve complex and nuanced exceptions to normal evidentiary rules that can easily trip-up those unfamiliar with criminal law.
Professional Disciplinary Proceedings
Doctors, nurses, teachers and lawyers are a few examples of professionals who are governed by regulatory bodies that impose rules and bylaws that must be followed by their profession. Any rule-breaking can result in the person facing disciplinary sanctions that could impact whether or not they are allowed to continue working in that field.
Corporate Criminal Due Diligence
Because corporations can be found criminally liable for the actions of even relatively low-level employees, criminal and quasi-criminal liability is a significant legal and reputational risk for corporate entities. Getting the legal advice necessary to engage in active due diligence can help reduce this risk to a manageable level and ensure you have legal defenses ready.
Quasi-Criminal Prosecutions
There are many federal and provincial laws in addition to the criminal offences under the Criminal Code and Controlled Substances Act that result in penalties that can be as severe as the ones found in criminal law. Convictions for these “quasi-criminal” offences can include hefty fines and even jail time.
Criminal Harassment
The type of behaviour that falls under the offence of Criminal Harassment ranges from repeated texts all the way to stalking or threatening. The potential penalties vary depending on the factual matrix and how aggravating the conduct was.
Robbery
Robbery often involves the use or threat of force while stealing or attempting to steal property. For example, a person can be charged with robbery for demanding another person’s phone or wallet, even if there is no weapon involved.
Domestic Assault
Charges involving a “domestic” relationship are sometimes more complex and are often dealt with differently in the criminal Courts than an assault against a stranger or a bar fight, for example.
Sexual Assault
Sexual assault and other sex-related offences are among the most serious criminal charges a person can face. If convicted, these charges have serious penalties that include the potential for stigmatization and jeopardizing future job prospects.
Fingerprint Destruction
When a person is charged with an offence, part of the arrest procedure involves the police taking your fingerprints and photographs. If you are found not guilty or your charges are withdrawn, or you receive a non-conviction result, you can apply to have your fingerprints and photographs taken upon arrest destroyed, sometimes after a specific period of time.
Theft
Theft is a broad category of property-related offences that can come with severe penalties depending on the circumstances. From a simple shop-lifting type of charge to large-scale “white-collar” fraud schemes, a conviction for theft can have serious long-term consequences for a person found guilty of this offence.
Fraud
Fraud encompasses a very broad spectrum of criminal activity under Canadian criminal law and can carry severe penalties, depending on the type of fraud and level of sophistication alleged. Findings of guilt for these types of offences also have serious implications on a person’s future including employment.
Uttering Threats
There are numerous ways to commit the offence of uttering threats, and the potential punishment will depend on how the threat was made and any collateral consequences to the threat. An assessment of whether something amounts to a “threat” is highly contextual.
Highway Traffic Act Offenses
The Highway Traffic Act are regulatory offences that can come with severe penalties such as hefty fines or even jail time. Convictions for most of these offences will often also effect a person’s vehicle insurance and ability to drive.
Voryeurism
Voyeurism is the offence of secretly watching or recording someone in certain private circumstances or for a sexual purpose. It is also illegal to share voyeuristic recordings or possess them for the purpose of sharing them. Voyeurism captures a wide array of conduct and the defenses available to it are legally and factually nuanced.
Immigration Prosecutions
Offences under the Immigration and Refugee Protection Act can have very serious consequences. An indictable conviction or a conviction that imposes a sentence greater than six months can result in a deportation order.
Weapons Offenses
Weapons-related offences are also among some of the more serious charges prosecuted in Canada. The specific use of any item, depending on the context, can lead to allegations involving “weapons”.
Internet Related Charges
The widespread use of the internet in our society has expanded the types of offences people can face under this category. From “cyber-bullying” to criminal harassment to possession or transmission of child pornography, crimes involving the investigation or use of the internet can turn simple matters into extremely complex cases involving Charter litigation and privacy laws.
Youth Criminal Justice Act
The Canadian criminal justice system allows youth to be treated differently from adults in most situations when they are charged with a criminal offence. If a person is between the ages of 12 and 17 and are charged with a criminal offence, the prosecution of the case must follow the Youth Criminal Justice Act.