Criminal Law

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

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.

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.