The age of consent in Canada, generally, is 16. There must not be a relationship of trust, authority or dependency between the parties, because this can impact the validity of the consent. No other form of exploitation can be present. The most important thing to remember when engaging in any sexual activity is to ensure [ … ]
Do I Have a Right to Bail? While you do not have an absolute right to bail, the Canadian Charter of Rights and Freedoms provides that any person charged with an offence has the right not to be denied reasonable bail without just cause. The purpose of this right is to entrench the presumption of [ … ]
Sentencing for fraud can depend on many factors, but the primary consideration is how much money was involved. This article outlines the different penalties and circumstances for fraud and what you can do to mitigate your penalty. Sentence for Fraud Over $5000 Where the subject matter of the fraud exceeds $5000, you will be charged [ … ]
You Have Been Charged With a Domestic Assault. What Can You Expect? Charges and Sentencing Domestic assault does not fall under a specific offence in the criminal code, meaning charges will depend on the nature of the allegations against you. You will likely be charged with assault or some variation thereof, such as sexual assault [ … ]
Conditional and absolute discharges are judicial outcomes that may be substituted instead of a conviction. They are available where an accused person pleads guilty to an offence for which there is no minimum term of imprisonment, and the judge deems them to be in the public interest. What is the Difference Between a Conditional and [ … ]
You Have Been Charged With Importing a Designated Substance Into Canada. What Can You Expect? Sentence for Importing a Designated Substance Into Canada Many people believe that if you are acting simply as a “drug mule,” importing a designated substance into Canada is not a serious offence. However, this could not be farther from the [ … ]
What Is Possession? Possession of a designated substance can be established where you are personally in possession of the substance, you knowingly have it in the actual possession of another person, or you knowingly have it in any place. In addition, possession can be established for an entire group of people where one person in [ … ]
You Have Been Charged With a Sexual Assault. What Can You Expect? Sexual assault is an offence that covers a wide range of behaviours involving non-consensual touching of a sexual nature. Depending on the specific circumstances, the sentence resulting from a conviction can range from no time in custody at all to life imprisonment. To [ … ]
A withdrawal of charges is when the crown decides there is no reasonable likelihood of conviction based on the evidence or if the prosecution does not serve the public interest. Does a Withdrawal Appear on a Criminal Record Check or a Criminal Record and Judicial Matters Check? No, a withdrawal will not appear on a [ … ]
A record suspension is a process where you can apply to have your criminal record set aside by the Parole Board of Canada (“PBC”). When the PBC orders a record suspension regarding a conviction, the judicial record of the conviction will be kept separate from other criminal records. In addition, any disqualification or obligation you [ … ]