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

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.