"General Category"
The Guilty Client
When I attend a dinner party, it is inevitable that someone will hear that I am a criminal lawyer and…
Sexual Assault: Mistaken Belief in Consent
Sexual assault is a criminal offence under s. 271 of the Criminal Code. Sexual assault is defined as any form…
Is It A Crime To Record a Conversation?
It is not a crime and legal in Canada to record a conversation as long as at least one party…
Is it a Crime not to Report a Crime?
It is not a criminal offence in Canada not to report a crime. The Criminal Code of Canada does not…
Is it a Crime to Counsel Someone to Commit a Crime?
An individual may be liable for those offences which he/she does not commit as a principle offender but in which…
Is it a Crime to Have Sex with a Person who is Intoxicated?
…a complainant is “incapable” of consenting to sex if he or she is so intoxicated that his or her consent…
What Is A Reasonable Prospect of Conviction?
In the case of Proulx v. Québec [2001], the Supreme Court of Canada discussed the concept of a reasonable prospect…
Is It A Crime to Miss Your Court Date?
Failure to appear in court as required is a violation of the law which may result in an arrest warrant,…
Authority to Search a Motor Vehicle
In Canada, all powers to search and seize are now subject to section 8 of the Canadian Charter of Rights…