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A peace bond is a court order that requires an accused person to “keep the peace and be of good behaviour” by meeting certain outlined conditions. Signing a peace bond is not an admission of guilt or an admission to the information being cited. Signing a peace bond only demonstrates that an accused agrees that [ … ]
A common question asked by those facing criminal charges is “What outcomes could my case have?”. The unique nature of every case, and the circumstance surrounding them, means that there are many different possible outcomes that may occur at different stages of the Court process. Each one of these outcomes have a different short and [ … ]
When proceedings are stayed by the Crown, the prosecution has ended and the accused is no longer in jeopardy – legally, it is as if the accused has never been charged. Any orders related to pre-trial detention or release are vacated. There are two types of stays of proceedings; stays directed by the Attorney General, [ … ]
Yes. Legal Aid Ontario is a government program that assists with paying for legal services for those who qualify financially, and have a legal issue that is covered. In the case of criminal charges, this includes those charges that could result in a jail sentence if you are found guilty, or any charges for those [ … ]
In short, yes. Each country has the power to control its boarders, and to make decisions about who can and cannot enter the country. For this reason, it’s critical that you contact the location you plan to visit and get information about your ability to travel there related to any convictions you may have. The [ … ]
Yes. Formerly called a “pardon,” a Record Suspension removes a person’s criminal record from the Canadian Police Information Center (CPIC) database for those who have completed their sentence and demonstrated a period of law-abiding activity following this. These waiting periods vary depending on when the offence was committed and the type of offence that was [ … ]
In short, no. A police background check will not show charges that have been stayed or withdrawn. However, there are specific situations related to vulnerable sector checks where charges that have been stayed or withdrawn may be disclosed if very specific conditions are met. In Ontario, Under the Police Record Checks Reform Act, there are [ … ]
A withdrawal of charges is separate and distinct from a stay of proceedings. The option to withdraw charges is not authorized anywhere in the Criminal Code. Rather, it is a matter of the Crown’s discretion. The Crown may choose to withdraw charges, for example, if there is no reasonable likelihood of conviction based on the [ … ]
Under Canadian law, an appeal of conviction and/or an appeal of sentence can be made by an individual who has been convicted and sentenced in a court. In limited circumstances, the Crown can also appeal an acquittal or a sentence. The Crown’s appeal rights are much more limited than an accused’s appeal rights, as the [ … ]
Generally speaking, yes, you can change your lawyer during your case, however there may be specific situations where you may have a challenge to change, or not be permitted to change, your lawyer. This article will outline the steps that are typically followed when changing your lawyer, and any challenges you may face while trying [ … ]
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