For a sexual assault lawyer, the Courts today present a challenging array of cases. Consequences of Sexual Assault Conviction It’s not a secret that sexual offenses are considered most heinous and shameful. A person convicted of such offenses now faces not only potential long prison term but is also required to register in the sexual offender registry. If you are charged with sexual assault or

The truth of the matter is that you don’t necessarily have to end up in court if your marriage or common-law relationship did not work out. Don’t We Have to Fo to Court to Get Divorced? There is only one thing in any divorce proceeding which only the court can give you and that is the divorce itself. However, all other issues which must be

Under the simplistic understanding of the law, any person who fails or refuses to provide a breath sample in response to the police officer’s demand without reasonable excuse is guilty of an offense…, or so it seems. Types of Breath Tests First of all, there are two types of breath tests that a motorist may be required to provide. First is a roadside test which

When Do I Need It? As I always explain to my clients, you don’t need a marriage contract while happily married, you only need it when things go wrong. Why Do I Need It? Now that many people get married much later in life having accumulated certain assets which they do not want to share with their spouse if the marriage breaks down and when

What Is Identity Fraud? The offense of identity fraud becomes more and more frequent in the modern world and the state devotes a lot of resources in trying to combat it. Prior to 2010, section 403 of the Criminal Code which deals with identity fraud was called “Personation with Intent”. In January 2010, after amending legislation came into force, this section was renamed “Identity Fraud”,

The offense of Fail to Remain or Fail to Stop is more commonly known to the general public as “hit and run”. The Duties of Driver The law imposes three duties on anyone who operates a motor vehicle, vessel, aircraft, or railway equipment, collectively now called “conveyance”, which is involved in an accident with another person or conveyance. Those duties are: stop the conveyance; give

Are They Serious? Theft and fraud are crimes of dishonesty that carry with them a very serious social stigma. A criminal record for these offenses may have very negative consequences, especially for your employment opportunities. As you can imagine, no bank or other financial institution will want to employ a person found guilty of fraud. In fact, it is difficult to imagine what employer would

In December 2018, the government introduced new draconian measures which effectively lowered the permissible blood/alcohol level, eliminated previously available defense of bolus drinking or last drink defense as well as dispensed with current minimum constitutional prerequisites to searching the motorists by obtaining their breath samples into an approved screening device (roadside testing) in certain circumstances. Over ’80 vs ’80 Over First of all, the offense

This is the question many foreign nationals and permanent residents should be asking themselves after the latest amendments to the drinking and driving sentencing regime came into force. Why? Section 36(1) of the Immigration and Refugee Protection Act states that a permanent resident and foreign national becomes inadmissible to Canada on grounds of serious criminality which includes conviction of an offense in Canada punishable by

Over the years of my practice as a criminal lawyer, my clients have asked me this question on numerous occasions. The simple answer is that in order to be charged with a drinking and driving offense, you don’t have to actually drive, it is sufficient that you are in what is called “care or control” of your vehicle. Under the new legislation, you would be