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Understanding The Guilty Plea Process | Criminal Defence Articles by Tushar K. Pain

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Deciding to plead guilty is a difficult decision. Pleading guilty means that you are giving up your right to a trial – you are excusing the Crown from having to prove your guilt beyond a reasonable doubt through the presentation of admissible evidence. It means that you are putting yourself at the mercy of the court to decide your fate.

Having decided to plead guilty, you want to make sure that you understand the process that you are about to ...

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How to Advise Pre-Charge Clients | Criminal Defence Articles by Tushar K. Pain

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This article originally appeared in the October 18, 2002, issue of The Lawyers’ Weekly

A client seeking immediate advice tells you that she was involved in a car accident. She tells you that there was serious damage to the other vehicle but she left the scene and several hours later when she got home, she found that the police had been there and left a message that they wanted to interview her. She wants to know what she should do. ...

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When the Police Investigate A Passenger In A Motor Vehicle | Criminal Defence Articles by Tushar K. Pain

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In the case of R. v. Harris, (2008) 87 O.R. (3d) 214 the Ontario Court of Appeal had to wrestle with the issue of what Charter protections are engaged when the police investigate a passenger in a car.

Harris was a front seat passenger in a car that was stopped by the police because the driver made a left turn without signaling. At the time the vehicle was stopped, Harris was found not wearing his seatbelt. The occupants of the ...

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The first meeting with the lawyer: What should I know? What Should I do? | Criminal Defence Articles by Tushar K. Pain

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So you’ve found the right lawyer. What now?

The first step is to contact the lawyer. This can be done by telephone or, in some cases, by e-mail. Contact by telephone is usually better as it gives you the added comfort and insight that comes with hearing a human voice on the other end of the phone and speaking to someone directly. Don’t be afraid to call. Lawyers are in the business of helping people. They expect to be called. ...

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Bad Behaviour Abroad: Beyond The Reach Of The Canadian Criminal Justice System? | Criminal Defence Articles by Tushar K. Pain

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The courts can only try matters over which it has jurisdiction. That sounds simple and obvious enough. But how is jurisdiction determined?

Section 6(2) of the Criminal Code of Canada (hereinafter “the Code”) states that “…no person shall be convicted… of an offence committed outside Canada.” This sounds like a straight-forward concept: If it happened in Canada the Canadian courts can try it and if it didn’t then they can’t, right? But what if part of the offence occurred ...

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The Impact of Stringent Bail Conditions On Sentencing | Criminal Defence Articles by Tushar K. Pain

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When a client is being sentenced, it is the duty of a criminal defence lawyer to put forth to the Court all the relevant and important mitigating circumstances of the case in an effort to reduce the sentence as much as possible. Mitigating circumstances can arise from many facets of the case including the accused’s life (eg. In a case of theft, the accused was addicted to gambling.), from within the offence itself (eg. In a case of assault, ...

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Is Prostitution Legal In Canada? | Criminal Defence Articles by Tushar K. Pain

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There is no general crime of prostitution in Canada. However, many of the activities that are usually associated with prostitution are classified as criminal offences.

For starters, buying sex from or communicating about buying sex with someone under the age of eighteen years is an indictable criminal offence that carries with it a minimum six-month jail term.

While it is not a crime in general to arrange to buy sex or communicate for that purpose, if this is done or attempted ...

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