Facing a disciplinary hearing can be a frustrating experience. The process can be damaging to your reputation and threaten your livelihood. As such, it is important to be thoroughly prepared. Disciplinary hearing vs. criminal proceeding There are several differences between a disciplinary hearing and a criminal proceeding, most notably disciplinary hearings may not be subject … Read More.
In Canadian criminal law, there is no universal statute of limitations, as people usually imagine it. That is, there is no specific piece of legislation preventing the police from charging someone with all offences after a specified amount of time has passed. In general, someone can be charged years after the alleged crime took place. … Read More.
Interacting with police is usually the first stage of the criminal justice system and can be very intimidating for many Canadians. Police have the authority to maintain order and protect society, but that authority must be executed within the law. As such, Canadians have rights which police are obligated to respect. Your rights when speaking … Read More.
DDSG Criminal Law remains open and fully operational during the current crisis – including 24/7 emergency bail and arrest services. The Alberta criminal courts have now largely resumed normal operations, with all but jury trials now proceeding to hearing. New precautions are in place in all courthouses, including social distancing, masks and barriersy. To keep … Read More.
Identity theft involves obtaining or possessing another person’s identity documents with the intention to use them for a false, deceitful, or fraudulent purposes. These purposes could range from forgery to theft to identity fraud, and could severely impact a credit rating, reputation, or leading to the loss of thousands of dollars. The damage could take … Read More.
The Youth Criminal Justice Act (YCJA) was introduced in 2003 to replace the Young Offenders Act. The primary reason for updating the legislation was to reduce the number of incarcerated youth, a punishment that could have a lasting detrimental impact on an individual. YCJA addresses criminal behaviour while understanding that youth can lack maturity and … Read More.
Consent is an important concept in cases of assault, especially cases of sexual assault – an intentional application of force of a sexual nature without consent. The application of force and the sexual nature are typically not an issue as this could be almost any form of physical sexual contact. Whether the sexual acts were … Read More.
Proactive patrol is a commonly used policing tactic where officers patrol an area looking for suspicious activity. While on proactive patrol officers will often use the very broad authority granted to them under the Traffic Safety Act (TSA) to stop vehicles for minor traffic, or vehicle equipment, violations to then attempt to discover evidence of … Read More.
Being charged with a criminal offence is a stressful experience for anyone. Feelings of guilt or anger (when falsely accused) combined with the disruption to your life and the potential for a criminal conviction and incarceration create a situation most of us are not accustomed to. Hiring a lawyer to help navigate the criminal justice … Read More.
The appeal process in Canada exists to allow a trial decision to be reviewed by a higher-level court and ensure the decision was legally correct and prevent injustices. An appeal needs to be based on interpretations of the law, or overriding errors in judgment, where the decision could not have been supported by the evidence … Read More.