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 […]
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Understanding Child Pornography Offences in Canada: A Legal Overview
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 […]
Expert Notice and Qualification in Canadian Trials
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 […]
Understanding Your Rights: Section 11(c) and Section 7 in Canadian Law
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. […]
Understanding the Charge of “Overcoming Resistance to Commission of Offence”
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 […]
Understanding Your Right to not be compelled to testify against Yourself: A Guide for the Criminally Accused
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 […]
Invitation to Knock: Where Investigation Ends and Search Begins
In a recent landmark case, we see the complex interplay between police investigation techniques and the rights of individuals under Section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search and seizure. This case, centred around the actions of John Rogers and the subsequent police […]
Possession of Child Pornography Charges
Child Pornography Engaging in activities such as creating, distributing, possessing, accessing, or trading child pornography can result in a conviction for related criminal activities. Have you been charged with child pornography? Call (306) 994-9522 for a free consultation with a criminal lawyer. Child Pornography Penalties Convictions for child pornography offences […]
Impaired Driving Lawyer Explains: Travelling Outside Canada with a DUI Conviction
Canadian Stance on International Travel Post-DUI It is important to understand that those charged with impaired driving are generally not prevented from leaving Canada by Canadian authorities unless they have conditions (an undertaking or recognizance or some other court order) that restricts them from leaving. Likewise, those convicted of an […]