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  Presumption of Innocence / Release: Bail, also called ‘judicial interim release’, is governed by section 515 of the  Criminal Code  and section 11(e) of the  Canadian Charter of Rights and Freedoms.  Section 515(1) of the  Code  and section 11(e) the  Charter  both ensure that everyone is granted reasonable bail unless there is a good reason not to. This means that the default (or presumptive) position is that individuals are granted bail with no conditions.   In a typical bail hearing, the burden is on the Crown to justify why someone should not get bail. Further, the Crown must justify why any additional conditions placed on a person who is granted bail are necessary and reasonable. There are some exceptions to this principle, which include when individuals are charged with offences under section 469 of the  Criminal Code  (e.g., murder) or when they have previously been granted released and are alleged to have breached ...

  The   Canadian Charter of Rights and Freedoms  protects constitutional rights in Canada. Section 8 of the   Charter  protects people against unreasonable searches and seizures by police, and thus, violations of their privacy. The purpose of section 8 is to balance people’s right to be left alone with the government's desire to enforce the law. A section 8 violation will only be found where a search or seizure conducted by police is unreasonable. An experienced Edmonton criminal lawyer can help you understand whether you have been subject to an unreasonable search or seizure.   What is a search? What is a seizure? A “search” under section 8 is any government activity which interferes with a person’s reasonable expectation of privacy. This could include a police officer reading your text messages, or the recording of a private conversation. A “seizure” under section 8 is when a police officer takes a person’s belongings without their consent.   Wh...

  Presumption of Innocence / Release: Bail, also called ‘judicial interim release’, is governed by section 515 of the  Criminal Code  and section 11(e) of the  Canadian Charter of Rights and Freedoms.  Section 515(1) of the  Code  and section 11(e) the  Charter  both ensure that everyone is granted reasonable bail unless there is a good reason not to. This means that the default (or presumptive) position is that individuals are granted bail with no conditions.   In a typical bail hearing, the burden is on the Crown to justify why someone should not get bail. Further, the Crown must justify why any additional conditions placed on a person who is granted bail are necessary and reasonable.  There are some exceptions to this principle, which include when individuals are charged with offences under section 469 of the  Criminal Code  (e.g., murder) or when they have previously been granted released and are alleged to have ...

  The   Canadian Charter of Rights and Freedoms  protects constitutional rights in Canada. Section 8 of the   Charter  protects people against unreasonable searches and seizures by police, and thus, violations of their privacy. The purpose of section 8 is to balance people’s right to be left alone with the government's desire to enforce the law. A section 8 violation will only be found where a search or seizure conducted by police is unreasonable. An experienced Edmonton criminal lawyer can help you understand whether you have been subject to an unreasonable search or seizure.   What is a search? What is a seizure? A “search” under section 8 is any government activity which interferes with a person’s reasonable expectation of privacy. This could include a police officer reading your text messages, or the recording of a private conversation. A “seizure” under section 8 is when a police officer takes a person’s belongings without their consent.   ...

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  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.   What rights do I have under the  YCJA Young persons have enhanced procedural protections under the  YCJA  to ensure that they are being treated fairly under the law and that their rights are being respected. For example, unlike adults, young persons charged under the  YCJA  cannot provide a statement to police without: (a) a parent or guardian being present; or (b) a lawyer being present,  unless  that right is sp...

  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 individu...