In Canada, freedom of speech is protected under section 2(b) of the Charter of Rights and Freedoms, but it is not absolute. Speech that encourages violence in any form is prohibited. Speech that specifically incites violence, public disorder, or other unlawful conduct against the government may be considered sedition under section 59 of the Criminal [ … ]
Under section 34 of the Criminal Code of Canada, self-defence or defence of a third party can be claimed where three things are present. First, the accused must reasonably believe that force is being used or threatened against them or others. Second, the accused’s reason for responding to the threat must be to protect themselves [ … ]
It can be very overwhelming when you are falsely accused of a crime. It is important to stay calm and to not make any comments about the allegations to the police or any other person. It is also in your best interest to contact a lawyer as soon as possible for assistance. At Collett Read [ … ]
There can be serious consequences if a passenger is in possession of drugs in your car. If police find drugs in a car, the driver, passengers, or a combination of both can be charged with possessing drugs. This means that you may be charged even if the drugs do not belong to you or are [ … ]
The length of time that a DUI conviction stays on your driving record depends on your previous driving history and convictions. For example, if you are convicted of a DUI for the first time and have not received a licence suspension, your conviction will stay on your record for 3 years from the date of [ … ]
All crime in Canada is governed under the same legislation, the Criminal Code of Canada. It is thus difficult to say whether certain cities give increased penalties or harsher sentences for crimes compared to other locations. Sentences are instead dependent on the personal circumstances of an offender (such as whether they are a first-time offender [ … ]
If you have completed your sentence and demonstrated that you are a law-abiding citizen, you can apply to get a “Record Suspension.” A Record Suspension is granted by the Parole Board of Canada, and removes your record from the Canadian Police Information Centre (CPIC) database. The process of receiving a Record Suspension can take some [ … ]
Ontario has an electric scooter pilot program that sets out various general requirements for the use of electric scooters. For example, users of e-scooters must be age 16 or older and anyone under the age of 18 must wear a bicycle helmet. No passengers or cargo are allowed on e-scooters and e-scooters should not be [ … ]
Cannabis, while legal, is still a controlled substance under the Controlled Drugs and Substances Act. If police suspect that you are in possession of a sufficiently large quantity of cannabis to raise suspicion of trafficking, you may be charged. If you are charged with impaired driving, cannabis found on your person or in your vehicle [ … ]
There is no law in Canada against filming or audio-recording the police. However, you are not permitted to obstruct a police officer in the course of their duty. For example, if you are filming police and they ask you to move out of the way, you should comply. Generally speaking, it is best to comply [ … ]
© 2024 Collett Read LLP Criminal Lawyers. All rights reserved.
Website by ryanahrens.ca