As COVID-19 continues to disrupt court operations across Alberta, those accused of criminal charges are the most affected. I have clients who have seen their cases presumptively adjourned three or four times. That is simply not fair.
Thefts and frauds are two of the most common offences in Canada. Some people might not realize that the penalties for each crime increase substantially if the amount stolen or defrauded is more than $5,000.
If you've been accused of what is known as a white-collar crime, it is important that you have experienced litigators at your side so you can avoid liability and protect your business reputation.
Susan Hughson's resignation as the head of the Alberta Serious Incident Response Team (ASIRT) has sent ripples across the province's justice system.
If you are convicted of manufacturing “hard drugs” such as heroin, you could be handed a life sentence. In contrast, those running illegal but large-scale marijuana grow operations may face two or three years in jail.
If you have been charged with a drug offence, you are not alone. Information from Calgary police show that in 2020, 365 possession charges were laid, along with 162 charges for possession for the purpose of trafficking.
The health of jurors and other members of the court should always be a priority, but so should the desire to have an impartial jury pool from which to select those who will sit in judgment.
Two years ago, Canadians were given the right to legally buy and grow their own marijuana plants, as long as they follow rules set down by federal, provincial and municipal governments under the Cannabis Act.
Oct. 17, 2018, marijuana became a legal product in Canada. Still, there is a myriad of laws governing the sale, possession, production and distribution of cannabis products, with legislation varying from province to province. Here is what you need to know about cannabis in Alberta.
Police take assault allegations very seriously. If someone reports an assault, especially in a domestic situation, it is likely that someone will be charged with an assault and leaving in handcuffs after officers arrive.
Assault is one of the most common crimes in Alberta. According to information from Statistics Canada, there were 47,797 victims of violent crime and criminal traffic offences causing death or bodily harm reported by police in the province in 2016.
Assault allegations are very serious which is why it is imperative to seek the advice of an experienced defence attorney if you are being investigated for the offence.
A common misconception surrounding sexual assault is that if the complainant asks for charges to be dropped, the accused will have nothing to worry about. Wrong. Once police lay charges for any offence, only a Crown attorney can decide whether to proceed.
The Crown considers sexual assault one of the worst types of offences. Your chances of beating a sexual assault charge as a self-represented litigant are slim. That is because the evidence and procedural rules are complicated. It is not enough to say you didn’t do it – you need a legal expert who has a thorough understanding of the law to present your defence.
If you are intimate with someone and you ignore their pleas to stop, you could be charged with sexual assault. However, when it comes to defending those accused of sexual assault, establishing if sexual consent was given is rarely that simple.
When people think of weapons, guns or knives often come to mind. But anything that can inflict harm can be considered a weapon, including a frying pan, a flower pot or a baseball bat.
Police-reported crime in Canada dipped by eight per cent in the first year of the COVID-19 coronavirus. Alberta topped the country, along with Prince Edward Island, with an 11 per cent decrease in the Crime Severity Index (CSI).
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.
Those charged with a criminal offence in Alberta need to understand the sentencing principles the court follows to arrive at a punishment upon conviction.
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.
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.
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.
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 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.
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.
