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Recent Changes to the victim surcharge Law

During the sentencing hearing, an individual convicted of a criminal offence will be told that they are to pay a victim surcharge.  The victim surcharge is a monetary penalty applied upon conviction in addition to any other sentence imposed by the judge.  While it used to be the case that judges could choose not to […]

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How To Protect Your Reputation As A Professional When Handling A Criminal Case

Many people’s careers depend on their reputation.  In fact, most people depend on their reputation: businessmen, lawyers, doctors, contractors, dentists, mechanics, corporations, and any service provider.  If you are the owner of a large or small business a major component of your success will depend on the trust that your customers have in you and […]

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Similar Act Evidence in Criminal Trials to Prove Identity of the Offender

In some situations there are many crimes committed by the same person.  The prosecutor only has a strong case establishing the identity in one of the incidents.  How does the prosecutor attempt to prove the other crimes?  The answer is similar act evidence applications. The Prosecutor is generally not allowed to lead propensity evidence during […]

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Recent Developments in Firearms Sentencing

In November 2013, the Ontario Court of Appeal released a number of judgments that have the potential to drastically change the sentencing law in relation to convictions for possession of a loaded prohibited firearm (section 95 of the Criminal Code). The Offence Section 95 of the Code criminalizes the unauthorized possession of a restricted or […]

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The Civil Remedies Act – The New Proceeds of Crime Regime

The Civil Remedies Act is a powerful tool that can be used by law enforcement to take monies and/or property that are suspected to be derived from crime. The legal community and police community calls this illicit money “proceeds of crime”.  A recent case has critics concerned that the Civil Remedies Act is too powerful. […]

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The National Sex Offender Registry: Existing Rules and New Developments

Since 2004, the Canadian government has maintained a National Sex Offender Registry (the “National Registry”), containing data about individuals who have been convicted of sexual offences.  As a result, convictions for most sexual offences will be accompanied by an order to make regular reports to the National Registry. Recently, the Government of Canada has proposed […]

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Do You Know How Sentences Are Worked out?

Just like any criminal lawyer can assert, if you are found guilty of any crime (other than first-degree murder), your sentence will depend on many factors such as the type of crime, circumstances and seriousness of the crime, and your personal circumstances. When deciding on a sentence, the judge will consider things like the seriousness […]

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A Look At The Classification Of Offences in Canada and the United States

This submission was provided by a guest blogger There are various crimes that people commit.  In the United States the most serious crimes are classified as felonies.   A felony includes crimes like murder, terrorism, cocaine trafficking, etc. Felony crimes can be punishable by life or in certain states capital crimes are punishable by death. Minor […]

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