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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
