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Showing posts from December, 2025

How Does Bail Work in Canada

 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 a condition of that release. All these...

What is Section 8 of the Charter

  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. https:...

Edmonton Criminal Defence Lawyers | Criminalappeals.net

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 Expert Edmonton Criminal Defence Lawyers at Criminalappeals.net fight for your rights and freedom. Trust our experienced team to handle your case with care. Edmonton Criminal Defence Lawyers

Violent Offences Lawyer Edmonton | Criminalappeals.net

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 Looking for a reliable and experienced violent offences lawyer in Edmonton? Look no further than Criminalappeals.net, where we fight for your rights with compassion and expertise. Violent Offences Lawyer Edmonton

Violent Offences Lawyer Edmonton | Criminalappeals.net

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 Looking for a reliable and experienced violent offences lawyer in Edmonton? Look no further than Criminalappeals.net, where we fight for your rights with compassion and expertise. Violent Offences Lawyer Edmonton

What is Section 8 of the Charter

  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. https:...

How Does Bail Work in Canada

  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 hav...