Attorneys

Criminal Law Canadian FAQs

• Appeals
  What is an appeal? When you have been convicted of an offence, you, or the prosecutor (crown attorney) may ask a higher court to review your case and ensure the lower … More
• Arrest to Trial Summary - Bail Hearing, Bond, Recognizance
  What will happen following a person's arrest and charge? After being arrested, a person charged with an offence may appear in court a number of times before actual … More
• Arrest, Detention, Charge; Constitutional Rights
  What are my rights when I am arrested and/or charged? The Canadian Charter of Rights and Freedom, which is the first part of the Constitution of Canada, as contained … More
• Assault
  What is assault? Assault is defined under the Criminal Code as: the intentional application of force, directly or indirectly, against another person without that … More
• Complaint Against Police
  What remedies are there if I have a complaint against a police officer? You may file a complaint at a local police station or Ontario Provincial Police office; You … More
• Conviction, Sentencing
  What happens after both prosecution and defence have presented all their evidence and have examined and cross-examined witnesses? Each lawyer will have an opportunity … More
• Criminal Court System
  Which courts have jurisdiction to try criminal offences? The Criminal Code of Canada refers to two levels of judicial jurisdiction: the higher level - Superior Court … More
• Crimes, Types of Offences
  Summary conviction offences, indictable offences and hybrid offences. What is a summary conviction offence? Summary conviction offences, such as causing a disturbance, … More
• Criminal Record, Pardon
  What is a criminal record? A criminal record is a record of: all criminal code offences of which a person has been convicted; a record of the name and date of birth … More
• Crown Attorney, Prosecutor
  Who is a Crown Attorney? A Crown Attorney is a duly qualified member of the bar of the province who is employed by the government to prosecute criminal trials and in … More
• Discharge - Absolute, Conditional
  Will a person who is guilty always be convicted? In certain circumstances, if there is no minimum sentence or range of sentence prescribed and if the court considers … More
• Disclosure
  What is disclosure? Disclosure is the requirement that the Police and the Crown prosecutor must, prior to trial, provide particulars and copies of all of the Crown's … More
• Driving, Motor Vehicle Offences
  When can police stop your vehicle? Police have the power under law to stop a vehicle at any time: to determine whether the driver has consumed alcohol or a drug; to … More
• Drug Offences
  What are "illegal drugs"? The federal Controlled Drugs and Substances Act provides for the regulation of certain dangerous drugs and narcotics, now known as … More
• Euthanasia in Canada
  " I will neither give a deadly drug to anybody if asked for it, nor will I make a suggestion to this effect. " So goes the medical profession's Hippocratic Oath. And … More
• Extradition From Canada
  Extradition is a fascinating branch of the law as it involves international politics, criminal law, international law and conflict of laws, the courts, the federal … More
• Fraud
  What is fraud? Fraud is the obtaining from the public, or any person, of any property, money, valuable security or service by deceit, falsehood (lies) or other … More
• Criminal Harassment
  What is Criminal Harassment? Criminal Harassment is the name given to the offence in which the offender engages in various stalking or similar actions against a … More
• Canada's Criminal Code: A History
  Canada's criminal law is rooted in the common law of England. The public policy advantages of codification began at the end of the 18th century in England where, in … More
• Homicide (Murder, Manslaughter, Infanticide, Euthanasia)
  What is homicide? Homicide is committed by a person who, directly or indirectly, by any means, causes the death of another human being. Homicide is culpable or not … More
• Canadian Motor Vehicle Cases
  Acronyms used: CCC: Canadian Criminal Cases MVR: Motor Vehicle Reports SCR: Supreme Court Reports WWR: Western Weekly Reports   R. v. MCCULLOCH (1971) 3 CCC (2d) 258 … More
• Parole
  What is parole? From the French word "parole", meaning "word", taken to apply as "on your word"—parole is a decision to allow a person convicted of an offence to … More
• Pleas: Guilty or Not Guilty
  What does a plea of not guilty mean? Pleading not guilty does not mean you are denying any facts that caused you to be charged with the offence. What it means is that … More
• Preliminary Inquiry, Pre-trial Motions
  What is a preliminary hearing? A preliminary hearing is a court proceeding where the Crown prosecutor must present enough evidence in your case to convince a judge … More
• Searches with or without a Warrant
  When can police search someone? Police don't have the right to conduct a random search for no good reason. It is best not to resist or become hostile, as it may … More