criminalappeals

  When someone is found guilty of a criminal offence, a judge may impose an order prohibiting them from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance. Depending on the circumstances, the decision to impose a weapons prohibition is either discretionary or mandatory. What is the Difference between Mandatory Weapons Prohibition and Discretionary Weapons Prohibition?  When a weapons prohibition is mandatory, a judge has no choice but to make the order. A weapon’s prohibition will be mandatory if the person was convicted or discharged of: https://criminalappeals.net/what-is-a-weapons-prohibition.html

  David Milgard’s story is one of the worst miscarriages of justice known to Canadian law. Wrongfully convicted of first degree-murder in 1970, David Milgard spent 23 years in prison for the rape and murder of Gail Miller, a nurse from Saskatoon, Saskatchewan. When David was finally exonerated, DNA and other evidence revealed that Larry Fisher, a prolific sex offender, was responsible for the crime. Throughout David’s time in custody, his mother, Joyce Milgard, maintained a steadfast belief in her son’s innocence. Her advocacy for the rights of wrongfully convicted played a key role in the establishment of the Miscarriage of Justice Review Commission, which will replace the existing system for identifying wrongful convictions. https://criminalappeals.net/the-new-miscarriage-of-justice-review-commission.html

 The  Youth Criminal Justice Act,  or the  YCJA ,   is the legislation that governs the youth criminal justice system in Canada. The  YCJA  applies to young persons over the age of 12 and under the age of 18 who are facing criminal charges. This includes individuals who are now over the age of 18 but were underage when they were alleged to have committed a criminal offence. The  YCJA  is distinct from the  Criminal Code,  and its processes and goals are different as well.   The  YCJA  recognizes that all members of society share the responsibility of guiding young persons into adulthood, which includes addressing the underlying issues that lead young persons to commit criminal offences. The goals of the  YCJA  are to provide guidance and support to young people who are at risk of committing crimes, as opposed to simply punishing them for their conduct. The  YCJA  accomplishes this by: (a) holding t...

  The   Youth Criminal Justice Act,  or the   YCJA ,   is the legislation that governs the youth criminal justice system in Canada. The   YCJA  applies to young persons over the age of 12 and under the age of 18 who are facing criminal charges. This includes individuals who are now over the age of 18 but were underage when they were alleged to have committed a criminal offence. The   YCJA  is distinct from the   Criminal Code,  and its processes and goals are different as well.   The  YCJA  recognizes that all members of society share the responsibility of guiding young persons into adulthood, which includes addressing the underlying issues that lead young persons to commit criminal offences. The goals of the  YCJA  are to provide guidance and support to young people who are at risk of committing crimes, as opposed to simply punishing them for their conduct. The  YCJA  accomplishes this by: (a) h...

  The   Youth Criminal Justice Act,  or the   YCJA ,   is the legislation that governs the youth criminal justice system in Canada. The   YCJA  applies to young persons over the age of 12 and under the age of 18 who are facing criminal charges. This includes individuals who are now over the age of 18 but were underage when they were alleged to have committed a criminal offence. The   YCJA  is distinct from the   Criminal Code,  and its processes and goals are different as well.   The  YCJA  recognizes that all members of society share the responsibility of guiding young persons into adulthood, which includes addressing the underlying issues that lead young persons to commit criminal offences. The goals of the  YCJA  are to provide guidance and support to young people who are at risk of committing crimes, as opposed to simply punishing them for their conduct. The  YCJA  accomplishes this by: (a) h...

  The  Canadian Charter of Rights and Freedoms  safeguards constitutional rights in Canada. Section 10 of the  Charter  protects individuals’ rights with respect to arrest and detention. Section 10(a) ensures that individuals and promptly informed of the reasons for their arrest or detention. Section 10(b) ensures that individuals are informed of their right to speak with a lawyer without delay and then provided with an opportunity to speak with a lawyer.   What is an arrest or a detention? An arrest occurs when police engage in the “actual seizure or touching of a person’s body with a view to detention” ( R v Latimer,  [1997] 1 SCR 217 at paragraph 24), or when the police officer says the “words of arrest” and the individual submits to arrest. Arrest can trigger multiple different police powers, such as the ability to conduct a search incident to arrest, or sometimes to take fingerprints or a mugshot.   A detention occurs when an individual...