Few offenses in the Criminal Code garner as much attention as murder. There is often confusion between what differentiates first and second-degree murder. The difference between the two is not complex but making out a case for first-degree murder remains a high bar to meet for the prosecution. For a person convicted, the difference can […]
Criminal conspiracy allegations are often complex. In many conspiracy cases the evidence is circumstantial, and for the accused to be found guilty, a number of key elements need to be proven. Below are some of the most important elements of the offence. Agreement of Parties In order to make out a criminal conspiracy, there needs […]
What happens when you share an intimate picture of your ex-partner and it ends up going viral for the world to see? Depending on whether or not you had permission to share it, you could end up facing serious consequences. Sharing digital images that were believed to be private and are intimate is a serious […]
If you are caught driving under the influence of drugs or alcohol in the province of Ontario, you will be subjected to some of the toughest laws in North America. Ontario takes great pride in its initiatives to reduce impaired driving. In 2015, according to Statistics Canada, Ontario reported some of the lowest numbers of […]
Charged with drug possession? Not sure what to do? You’re not alone. Every year thousands find themselves facing drug possession charges, often stemming from carrying small amounts for personal use. Even though changes to Canadian drug laws are forthcoming, simple possession of marijuana is still contrary to the Controlled Drugs and Substances Act, if not […]
A weapons charge can be a serious offence in Canada. From carrying weapon while attending public meeting to weapons trafficking, there is a wide range of weapons offences, and outcomes can vary dramatically. Bail conditions, probation orders, and peace bonds often carry weapons prohibitions as well. Breaching one of these conditions can result in charges […]
On December 7, 2017, the Supreme Court of Canada released a landmark decision on digital privacy. In the age of digital communications, this decision from our highest court was long overdue. Prior to the decision in R. v. Marakah, the Ontario Court of Appeal ruled there was no privacy interest in a text once it […]
The Canadian Charter of Rights and Freedoms entrenched civil rights in the Canadian Constitution. The Charter plays an integral role in criminal law. Section 11 of the Charter protects rights in relation to criminal and penal matters, codifying fundamental concepts considered pillars of the criminal justice system. To name only a few of the rights […]
Television programming and film are replete with examples of characters making false accusations and lying to police during investigations. Perhaps to divert authorities from themselves or to protect someone they know. But what you often don’t see is the consequences of these actions. Being intentionally deceitful to law enforcement has serious consequences. You can be […]
Can the police enter and search your home without your permission? Can you tell them to “come back with a warrant,” as is often seen on American television and film? The subject requires some clarification in the Canadian context. You are entitled to privacy in your own home, but there are several circumstances in which […]