Tous les articles

Using a cellphone while driving is prohibited under the Highway Safety Code and carries a fine of $300 to $600, 5 demerit points, and a possible licence suspension. Repeat offences also carry immediate licence suspensions. Since cellphone use is permitted when the device is properly mounted, contesting the offence is possible. Me Alexandre Lacroix, of Lacroix Tarabay Légal, can represent you at trial.

After an arrest, police may release the accused or detain them for a bail hearing. Section 515(10) of the Criminal Code sets out three grounds for detention: ensuring court attendance, public safety, and public confidence in the justice system. The burden generally rests with the Crown, except in specific cases (Section 469, repeat offences, breach of conditions) where it shifts to the defence. Each ground is assessed according to precise criteria (community ties, risk of reo

Repossession of a dwelling by a landlord (for themselves or a close relative) is possible, but strictly regulated. Notice must be sent within the required timeframe (6 months, or 1 month for short-term leases), name the beneficiaries and their relationship to the landlord, or risk automatic rejection. All co-tenants who signed the lease must be notified. Tenants aged 65 and older who meet financial criteria are protected against eviction (Section 1959.1 C.C.Q.). The landlord

A charge of care or control while impaired can be challenged even if the vehicle was stationary. The presumption (being in the driver's seat) is rebuttable if the absence of intent to drive is proven. The Crown may nonetheless argue a "realistic risk of danger" based on impairment level, key position, engine status, location, and behaviour. A reliable alternative plan (taxi, walking, hotel) refutes this risk and often leads to an acquittal. A lawyer can help build this defenc

The Jordan decision (2016) reformed the right to be tried within a reasonable time (section 11(b) of the Charter). It sets presumptive ceilings of 18 months (provincial court) and 30 months (superior court), from the laying of the information to the end of trial. Delays attributable to the defence are subtracted. Beyond the ceiling, the delay is presumed unreasonable, unless exceptional circumstances are raised by the Crown. The motion must be filed in a timely manner, before

An impaired driving charge triggers a complex administrative process with the SAAQ. After the arrest, the licence is suspended and the vehicle is towed. To get back the right to drive, assessments are required; a restricted licence with an ignition interlock device may be imposed. If found guilty, the sanctions extend further, especially for a high blood alcohol concentration, refusal to comply, or a repeat offence. A repeat offence can lead to a lifetime obligation to use an

This article addresses the defence of not criminally responsible on account of mental disorder under section 16 of the Criminal Code. To rely on it, the accused must show that a mental disorder prevented them from understanding the nature of their act or its moral wrongfulness. The Turcotte case illustrates the complexity of this defence when a mental disorder coexists with voluntary intoxication. The framework resulting from that verdict is also summarized.

A criminal record in Canada carries serious consequences: difficulties with employment, housing, travel, and immigration. Solutions exist to avoid one: a discharge (conditional or absolute), an acquittal, the Alternative Measures Program, a section 810 order, or a record suspension. A criminal defence lawyer is essential to choosing the best strategy for each situation.

The right to remain in occupancy guarantees every tenant the ability to renew their lease indefinitely, as long as they meet their obligations. A subtenant does not benefit from this protection. The lease generally renews automatically upon expiry; the landlord may, however, repossess the dwelling to live there. The landlord may also terminate the lease for non-payment.

A discharge acknowledges guilt without imposing punishment, balancing public interest and the offender's rehabilitation potential. Courts assess offense severity, premeditation, the accused's character, and conviction impacts. It can be conditional (with probation terms like therapy or community service) or absolute (no conditions). It sits between acquittal and conviction — recognizing wrongdoing while avoiding disproportionate punishment.

In a criminal trial, it is essential to understand the defenses your lawyer can raise to protect your interests. Canadian criminal law recognizes several types of common law defenses, each with its own specific criteria. These defenses were introduced into case law long ago and have evolved over time as other landmark decisions have clarified their application. Understanding these defenses will help you better assess your chances of success in your case. This guide does not c

An arrest for impaired driving is a serious matter that has immediate consequences and can potentially have lasting impacts. This blog is for first-time offenders who do not yet have a criminal record. Its aim is to help them understand the implications of this arrest so they can better manage what comes next. This article details, among other things, the measures taken by the Société de l'assurance automobile du Québec (SAAQ) and the penalties provided by the Criminal Code,