criminalappeals

 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.   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. https://criminalappeals.net/what-is-section-10-of-the-charter.html

 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...

 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.   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://criminalappeals.net/what-is-section-8-of-...

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 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 excepti...

 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. https://criminalappeals.net/what-is-section-8-of-the-charter.html

  In Canada, allegations of sexual assault are taken very seriously. It's common for criminal charges to be laid once a complaint is filed with the police, and the legal consequences can be severe, including mandatory minimum jail sentences for many sexual offences.  If you're facing an accusation of sexual assault, it's important that you contact an Experienced Sexual Assault Lawyer right away. This ensures that we preserve all relevant evidence to get you the best possible outcome. This proactive approach is crucial for safeguarding your interests and navigating the legal process effectively.  https://criminalappeals.net/what-is-sexual-assault.html

  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...

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 the...

  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://...

 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. https://criminalappeals.net/how-does-bail-work-in-canada.html

  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. https://criminalappeals.net/what-is-section-8-of-the-charter.html