What ‘Sexual Assault’ Means
Many people do not have a clear understanding about the charge of sexual assault. The charge of sexual assault has a very broad application in Canadian law.
Blog
Jail should only to be used as a last resort with sentencing
Those charged with a criminal offence in Alberta need to understand the sentencing principles the court follows to arrive at a punishment upon conviction.
Handguns. Shooting holes in the Liberal’s latest gun control plan
A federal bill that would allow municipalities to ban handguns through bylaws restricting their possession, storage and transportation fails to address the root causes of crime, not to mention the constitutional challenges it presents.
Don’t talk yourself into a criminal conviction
Whether you are innocent or guilty, answering police questions without first talking to a lawyer is a mistake many people make. Up to eight in 10 people I counsel have volunteered to talk without first getting legal advice. For some, the lapse in judgment has been a painful lesson.
Rehabilitation should always trump vengeance in our judicial system
We are bound by the law. Our system of justice has evolved over the years with the lofty ideal of maintaining order and serving the public good. As society changes, we must adapt to new realities, but we should never sway from the notion that a law lacking in fairness is not justice.
Police shouldn’t be judge and jury when it comes to drinking and driving
The right of every Albertan to fair judicial treatment when dealing with the police has been severely eroded by the province’s Immediate Roadside Sanctions (IRS) program, which went into effect on December 1, 2020.
Alberta’s ban on carding a positive step
Alberta’s recent decision to ban carding while allowing legitimate street checks to continue is a welcome policy change that should reduce allegations of discrimination against the police.
Police Not Allowed to Use Excessive Force When Making an Arrest
If police used excessive force against you during an arrest or in some other interaction, be sure to seek legal counsel. We can help you gather the evidence to ensure that your right to life, liberty and security of person, as guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms, has not been violated.
Timeliness of sexual assault trials another victim of COVID-19
The right to a timely trial is enshrined in the Canadian Charter of Rights and Freedoms, but that legislative promise is endangered by the coronavirus lockdown. Those involved in sexual assault cases are especially impacted, considering the painful social stigma that accompanies the crime.
What you should do if you have been charged with sexual assault
When you are charged with sexual assault it may seem as if the entire world is against you. Because some assume that the accused is guilty until proven innocent, the stigma associated with a sexual assault allegation can destroy families, ruin livelihoods and leave reputations in tatters.
Social unrest and the call to defund the police
As a criminal defence lawyer, I believe it is important for police to be held accountable for their actions. To some extent, the courts are able to do that but certainly, there can be a more fulsome and effective manner to deal with police outside of the court.
Pre-screening criminal charges only makes sense
If justice delayed is justice denied, then news that Alberta Justice and Solicitor General continues to examine a system that has Crown prosecutors screen all criminal charges before they are laid by police is certainly cause for optimism.
‘Assault weapons’ prohibition is a stain on democracy
The federal government’s misguided ban on “assault weapons” not only fails to tackle the real root of gun violence in Canada but it represents wedge politics at its absolute worst.
Bill 21 - the real cost of decriminalizing impaired driving
Decriminalizing impaired driving is a flawed concept that would remove protections under the Canadian Charter of Rights and Freedoms and could potentially lead to massive state intrusion into the personal lives of Albertans.
Spanking Your Kids, How Far Is Too Far?
Is it legal to spank your child in Canada? The law in Canada recognizes some situations exist where a parent or legal guardian may use reasonable force on a child.
The Domestic Violence Process and Immediate Consequences: Part 4
A peace bond is not offered in every case where a charge for simple assault has been laid. There are unfortunately some crown prosecutors who will not offer a peace bond in some circumstances.
COVID19 and the Justice System
The current COVID-19 (aka – the 2019 novel coronavirus) pandemic is affecting the world in many ways. This blog will address how the Justice System and the Courts in Alberta have responded to the pandemic.
The Domestic Violence Process and Immediate Consequences: Part 3
COVID 19 and Release Conditions
Unfortunately, the entire world is in a state of emergency. Prior to Covid – 19, your first court appearance was generally only a week or two from when you were initially charged. This is no longer the case.
The Domestic Violence Process and Immediate Consequences: Part 2
There are a number of different ways you can be charged. Often times, if the assault occurs in the domestic home and the police are called, the individual accused of the assault will be charged upon police arrival.
The Domestic Violence Process and Immediate Consequences: Part 1
Domestic violence charges are on the rise in Alberta and North America. This is in part due to the #METOO movement and the fear of police scrutiny from the general public if they do not charge anyone and everyone with an assault after a complaint is made.
Immediate Roadside Sanctions (IRS); Alberta Administrative License Suspension (AALS) and the Future of Impaired Driving in Alberta
The Province of Alberta currently has a two-part system to deal with impaired drivers. The first part of the system involves Administrative License Suspensions (AALS) and Immediate Roadside Sanctions (IRS) under the Provincially governed and legislated Traffic Safety Act.
Adding prosecutor puts teeth in Alberta farm protest proposal
Proposed legislation to address protesters who trespass on Alberta farms and agricultural land sends a strong message that if you break the law, you’ll pay the price, says Calgary criminal lawyer Greg Dunn.
Stigma of criminal activity lingers
A criminal conviction brings an element of social stigma to those involved, but when information can live forever online, even being charged can affect your reputation indefinitely, says Calgary criminal lawyer Greg Dunn.
Situation dictates reasonable force in defending property
When determining what kind of force can be used to defend your property, the circumstances dictate what is considered appropriate, says Calgary criminal lawyer Greg Dunn.
Fully staffed prosecution only ‘one-third of the solution’
The addition of more prosecutors is good news for Alberta, and will provide help with the increased caseload facing the province’s criminal justice system, says Calgary criminal lawyer Greg Dunn.
