Archive for 'Articles'

The scene of the crime:  Defending a criminal charge

The “scene of the crime” – what is the significance of this concept to a criminal defence lawyer?  Whether it is a charge of drinking and driving, or sexual assault, or domestic assault, or robbery, or drug trafficking, or fraud, or most any other criminal offence, all are usually alleged to have taken place somewhere – the scene of the crime.  But, to the thinking criminal defence lawyer, this is not merely ...

Proposed changes to the Regulations mean greater chance of running into trouble with FINTRAC

The Canadian government is looking to make changes to the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (PCMLTFR).  If these changes go through, it will create further obligations for reporting entities under our anti-money laundering / anti-terrorist financing regime.  This, in turn, means greater potential for FINTRAC to find deficiencies during the FINTRAC exam process.

Basically, the government is looking to expand the scope of customer ...

Why me?  How could I let this happen?  If I could only go back and undo what I did.  It is only natural to engage in this thought process when you’ve been charged with a criminal offence.  Such sentiments may be echoing repeatedly in your mind.  You may even feel that you cannot stop them.  However, you must in order to help yourself.

Begin by recognizing that this thought process creates feelings of helplessness and is disempowering.  If you are ...

Introduction

Finding yourself caught in the web of the criminal justice system can be a frightening experience.  Feelings of shame and embarrassment are common.  Beyond this, you face the prospect of being saddled with a criminal record or worse, a jail sentence.  Once you’re in the system, your thoughts turn to understanding what is happening and getting through it unscathed.  So, how does the criminal justice system operate?

Being Brought Before The Courts

Typically, this happens through an encounter with the ...

If you’re facing a criminal charge, a criminal record is a serious concern.  A criminal record can affect immigration status, an application for Canadian citizenship, employment, and international travel.

With one exception (which will be discussed below), once you have a criminal record it is permanent unless a Pardon is granted.  For summary conviction offences (those that are considered less serious), an application for a Pardon can be made three years after the completion of the sentence.  For indictable ...

A criminal charge is a tremendous burden to carry. After dealing with the initial shock and feelings that accompany being charged, you are left with the realization that action must be taken. This means hiring a lawyer. At a time when you are most vulnerable, you must place your life into the hands of a stranger. But how can you trust someone you have never met before?

To answer this question, it is important to understand the role that the ...

Introduction

It is often best to hire a lawyer at the earliest possible stage.  Getting a lawyer involved early on may impact (a) whether a criminal charge is laid at all; (b) the nature and likelihood of your release pending the completion of the case; (c) the quantity and quality of evidence collected by the police; (d) the number and quality of defences available to you.

Hiring a Lawyer When The Police Call

At the investigative stage (this is typically when the ...

Mak is very anxious. He has just been charged with a criminal offence. He has never been in this situation before. He got caught having sex in his car with a prostitute and was charged with committing an “indecent act”. Mak met with a lawyer. The lawyer asked Mak to explain what happened during the incident. After listening for a few minutes the lawyer said, “Relax, Mak. I’ve dealt with these cases hundreds of times before. We’re gonna take ...

It’s more common than you think. Shoplifting-related charges are routinely laid against people from all walks of life. In many situations, whether it’s taking an item or two or switching price tags, the experiences are often similar.

You go to a mall to do some shopping and browsing. As you’re looking around, a strange and sudden impulse overcomes you. You pick something up and slip it into your pocket or bag. The item may not even be something you ...

Facing a false allegation of sexual assault is a stressful event. You may be experiencing feelings of shame, embarrassment, anger, and fear. “Why is this happening to me?” “What should I do?” These are common questions that you may be asking yourself.

The offence of sexual assault encompasses everything from a simple pat on the bum to forced intercourse. Therefore, the allegations can vary in degrees of seriousness. However, the Office of the Crown Attorney (the prosecutor) takes all allegations ...