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Understanding Marital Privilege in Criminal Law

July 10, 2024
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Wedding ring, marital privilege. Credit to Heiner

Introduction to Marital Privilege Marital privilege, a legal protection rooted deeply in the principles of marital harmony, plays a crucial role in the judicial landscape of Canada. This principle is designed to prevent a spouse from being compelled to testify against their partner, thereby preserving the sanctity and confidentiality inherent in the marital bond. Evolution of the Law: From Spousal […]

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Understanding Your Right to Additional Opportunities to Consult with Counsel

June 5, 2024
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Blog: Wavy abstract art

Understanding your rights as a detainee is crucial for ensuring fair treatment and protecting your interests. By familiarizing yourself with the general principles, exceptions, and procedures surrounding the right to counsel, you can navigate detainee situations more confidently and effectively. Section 10(b) – Right to Counsel Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees the right to […]

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What to Expect When You’re Facing Criminal Charges in Canada

May 24, 2024
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Blog: Wavy abstract art

Navigating the criminal justice system can be daunting, especially if you’re unfamiliar with the criminal process and the implications of being charged. This guide breaks down some of the essentials you need to know to understand the legal landscape and make informed decisions. Types of Criminal Offences Choosing the Court Pre-Trial Procedures Preliminary Hearings Before the trial, for more serious […]

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Introduction to Confessions in Criminal Law

May 17, 2024
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Blog: Wavy abstract art

Confessions play a crucial role in criminal proceedings, influenced by long standing legal principles. Their admissibility hinges on whether they are voluntary and free from coercion. Historical Context Ibrahim v. R. [1914]: Established the foundational rule that confessions must be voluntary to be admissible, emphasizing protection against coercion by authority figures. Evolving Definitions As legal interpretations have developed, so have […]

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Understanding Child Pornography Offences in Canada: A Legal Overview

February 21, 2024
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Criminal lawyer child pornography laws

In the digital age, the proliferation of internet use has unfortunately led to an increase in crimes related to child pornography. Understanding the complexities and legal implications of these offences is crucial for both the public and individuals facing charges. In Canada, offences related to child pornography are outlined in Part V of the Criminal Code, dealing with “Sexual Offences, […]

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Expert Notice and Qualification in Canadian Trials

February 14, 2024
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Criminal Lawyer expert witness

Navigating the complexities of a criminal trial in Canada involves understanding the pivotal role of expert witnesses. A crucial aspect of this process is the “Notice to Call Expert Evidence,” guided by s. 657.3 (1) of the Criminal Code, which mandates parties to give notice of their intention to call an expert witness at least 30 days before the trial […]

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Understanding Your Rights: Section 11(c) and Section 7 in Canadian Law

February 7, 2024
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Criminal lawyer criminal proceedings

Understanding the complexities of legal rights in criminal proceedings is essential for anyone engaged with the justice system. In this blog post, we’ll focus on two pivotal aspects of the Canadian Charter of Rights and Freedoms: Section 11(c) – Protection against testimonial compulsion, and Section 7 – Right Against Self-Incrimination.  Overview of Section 11(c) – Protection against Testimonial Compulsion Section […]

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Understanding the Charge of “Overcoming Resistance to Commission of Offence”

January 31, 2024
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The charge of “Overcoming Resistance to Commission of Offence” is a critical component of Canadian criminal law, especially in cases involving aggravated forms of assault and sexual assault.  What is “Overcoming Resistance to Commission of Offence”? Section 246 of the Criminal Code defines Overcoming Resistance to Commission of Offence as an attempt to choke, suffocate, or strangle another person, or […]

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Understanding Your Right to not be compelled to testify against Yourself: A Guide for the Criminally Accused

January 24, 2024
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Criminal lawyer testify

When facing criminal charges, it’s crucial to understand your rights and particularly the right against being compelled to testify against yourself. This right is enshrined in Section 11(c) of the Canadian Charter of Rights and Freedoms and plays a pivotal role in the criminal justice process.  A related, but separate right, is the right to remain silent protected by Section […]

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