Archive for 'Articles'

Most people don’t know they can be convicted of drinking and driving even if they are not driving a vehicle.  That’s just one indication of what you’re up against if you drink and drive in Ontario.

The offence of drinking and driving is defined in the Criminal Code to occur in two situations:  (1) where your ability to operate a motor vehicle is impaired, or (2) where the concentration of alcohol in your blood exceeds 80 milligrams of alcohol per ...

At some point in your case, you may be asked by your lawyer to produce several character witnesses. A character witness is someone who testifies in court on your behalf. This witness’ testimony is usually to the effect that you have a reputation for honesty and integrity and that you are not someone who is likely to have engaged in the alleged criminal behaviour. Evidence from character witnesses may be compelling enough in and of themselves to raise a ...

There is no formal definition of computer crime or Internet crime.  However, this type of crime may be described as an activity in which a computer or the Internet is used to further a criminal purpose.  Simply put, it’s an offence involving the use of a computer or the Internet.

The possession and distribution of child pornography are examples of crimes that can be committed with the aid of computers and the Internet. The offence of mischief in relation ...

Letters of personal reference are typically used in the sentencing process. They provide the court insight into you and your reputation as a member of the community. A few good letters of personal reference can make a tremendously positive impact upon your case. These letters may also be useful in other aspects of your case. To make a positive impression through letters of personal reference, consider obtaining a minimum of three.

Here is an outline for drafting a letter of ...

You’re pulled over by the R.I.D.E. program.  The officer smells alcohol on your breath and administers a roadside screening device test, which you fail.  You’re taken to the police station where a breathalyzer test is conducted.  Your readings are over 80 (that is, over the legal limit of 80 milligrams in 100 millilitres of blood).  You’re charged with drunk driving.  It appears to be an open and shut case.  You are charged with “over 80” and you were, in ...

Introduction

“Domestic cases” are those that involve allegations of violence or threats of violence between family members.  Although there are many situations in which charges of a domestic nature can arise, the most common example is one in which a man is charged with having assaulted or threatened his female partner (girlfriend or spouse).

The Incident

In many cases, domestic-type charges arise from either an argument or a physical confrontation between spouses.  In many of these situations, the woman will call “911” ...

Having to appear in court is not a pleasant thought. But, if you have to go, familiarizing yourself with the rules and etiquette will help make it a smooth event. The Canadian court system is based on hundreds of years of tradition. Everyday behaviour, which is acceptable in the outside world, is often times not acceptable in a courtroom. Unfortunately, common sense will not always help you figure out what goes and doesn’t go inside court. Following is a ...

Most are aware of the consequences that follow a conviction for drinking and driving.  Under the Criminal Code, there are fines, driving prohibitions and a criminal record to contend with.  If its your second offence, you’re going to jail.  Under the Highway Traffic Act, there’s the automatic 90-day licence suspension before you’re even convicted.  Then, upon conviction, your licence is suspended for at least one year and you can’t get it back without completing a lengthy and expensive remedial ...

When you testify in court you are giving evidence. The trial judge is trying to determine whether all, some, or none of what you say should be accepted. What you say, how you say it, and how you present yourself are all important factors in making this determination. In short, everything matters in the presentation of your evidence.

When you arrive in court, you may be asked to wait outside of the courtroom until it is your turn to give ...

A letter of employment is typically used at a sentencing hearing. It is obviously used to prove your employment status and income level. But it does more than that. It conveys to the court that you are a contributing and responsible member of society, that you are a person of means, that you have obligations, that you have a future, and that you have ties to the community. For some people a letter of employment can mean the difference ...