What is Sexual Assault?

What is Sexual Assault?

The term “sexual assault” refers to any unwanted sexual contact, not merely non-consensual sexual intercourse. Sexual assault can take many different forms, including touching, kissing, and fondling. To determine whether the touching was sexual, the court takes into account the entire set of facts, including the body part contacted, the verbal and physical gestures that […]

Is Pepper Spray Legal in Canada?

Is Pepper Spray Legal in Canada?

In Canada, there is no Criminal Code offence that specifically lists the words “pepper spray.” That being said, an item does not have to be explicitly mentioned in the Criminal Code for its possession to be illegal. Pepper Spray is illegal in Canada by virtue of the fact it is included in regulations that deem […]

What Are the Drug Possession Laws in Canada?

drug possesion lawyer toronto | What Are the Drug Possession Laws in Canada?

Drug possession is the charge of having a drug listed on the Controlled Drug and Substances Act (CDSA) in your possession. There are eight separate schedules of controlled substances listed in this law.  The Schedule of Drugs and the quantity of drugs possessed both affect the criminal penalty for drug possession. Drugs are considered to […]

Assault and Battery 

assault and battery | Assault and Battery 

It is not unusual for criminal lawyers to get calls from individuals inquiring about what assault and battery are. Assault is a criminal offence in Canada and is discussed in more detail below. Battery, on the other hand, is not found anywhere in the Criminal Code. “Assault and Battery” is a common term heard on […]

What Are the Penalties for DUI and Impaired Driving in Ontario?

What are the penalties for DUI and impaired driving in Ontario

Impaired driving is viewed as a serious offence in Canada, and the penalties for being charged and convicted of DUI offences can be high. This article will explain the typical ranges of penalties for these types of offences.  In recent years, there has been a major evolution in drunk driving laws. Recent revisions to the […]

The Hockey Canada Scandal and Due Process

The Hockey Canada Scandal and Due Process | The Hockey Canada Scandal and Due Process

In recent weeks, Canada has been rocked by serious sexual assault allegations concerning Hockey Canada. Specifically, following a Hockey Canada banquet in London, Ontario, a woman claimed that she was the victim of sexual assault by eight hockey players, some of whom were on the 2018 world junior squad. The allegations that have been published […]

What Is a Preliminary Hearing?

What Is a Preliminary Hearing | What Is a Preliminary Hearing?

The Court will have a preliminary hearing to determine whether there is sufficient evidence to proceed to trial. There are only a few indictable offences that receive preliminary hearings. Only cases involving indictable offences carrying sentences of 14 years or longer are eligible for preliminary investigations. The Ontario Court of Justice, often known as Provincial […]

What Are the Different Degrees of Murders?

What Are the Different Degrees of Murders | What Are the Different Degrees of Murders?

Homicide charges in Canada can be classified as either murder, manslaughter, or criminal negligence causing death. The accused’s intention in committing the offence frequently dictates how these charges are filed and classified.  According to Section 229 of the Criminal Code, murder is defined as the killing of a person with the intent to kill or […]

Is a DUI a Criminal Offence in Canada?

Is a DUI a Criminal Offence in Canada 2 | Is a DUI a Criminal Offence in Canada?

The simple answer is yes, DUI is a criminal offence in Canada. Under Canadian criminal law, driving while intoxicated or under the influence of drugs or alcohol is a crime.  In recent years, there has been a major evolution in drunk driving laws. Recent revisions to the Criminal Code have made it easier for the […]

Can You Travel With a DUI From Canada?

Can you travel with a DUI from Canada | Can You Travel With a DUI From Canada?

You will typically be allowed entry if you have ever been convicted of drunk driving a single time and are trying to enter the United States. However, you can be turned down in more serious circumstances, such as having multiple DUIs or a DUI incident that resulted in injury to another person. There is ultimately […]