Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees you the right to speak with a lawyer (counsel) before answering the police questions once arrested or detained.[1] Where evidence is collected in breach of your right to counsel, it may be held inadmissible and excluded from legal proceedings.[2] What Obligations Does Your Right …
A person who is found guilty or pleads guilty to an offence may receive a conditional discharge or an absolute discharge. In both cases, no conviction is registered for the offence and the person doesn’t have a criminal record; however, if you are sentenced to a conditional discharge, you must follow certain conditions set out …
What you should know about a Conditional Discharge Read More »
Eyewitness identification of the person who allegedly committed a crime, as well as the circumstances involved in the offence, can directly tie the accused to the crime and are typically a significant aspect of the prosecution’s evidence. Historically, eyewitness testimony has sometimes led to mistaken identifications and tragically, to wrongful convictions, even when the eye …
How a Judge determines whether the Complainant in a Sexual Assault Case can be believed Read More »
If you are convicted of a serious criminal offence and are not a Canadian citizen, you may be ordered to leave the country with no chance of appeal. A person who is a permanent resident faces deportation if their offence or sentencing meets the definition of ‘serious criminality’ under Canadian law. Any of the following …
Non-Canadian Citizens face Deportation for a Criminal Conviction Read More »
In December 2004, the Canadian Government enacted the Sex Offender Information Registration Act (SOIRA) and established a legal requirement under the Criminal Code ss. 490.011 that persons who are convicted of a designated sex crime must register with the National Sex Offender Registry (NSOR). NSOR was initially established for the purpose of enabling authorities and …
To be convicted of careless driving or dangerous driving, an accused person must be shown to have been driving in a manner that’s below what’s expected of a reasonable person. So, simply making a mistake during the course of normal driving should not automatically result in a careless driving or dangerous driving conviction. Of the …
In Canada, there are two key assumptions that are essential elements in every criminal trial. The first is that the defendant is presumed innocent and the burden of proof is on the Crown. The second is that to obtain a conviction, the judge or jury must be convinced that the defendant is guilty beyond reasonable …
Why Reasonable Doubt Favours the Defendant in Sexual Assault Criminal Trial Read More »
Probation Probation may be attached to another punishment, such as jail time, or it might be the only sentence a convicted person receives. The objective of probation is to supervise, and provide support for, persons convicted of a crime while they are being rehabilitated. When a person charged with a criminal offence is sentenced to …
Health Canada reports that over 10,300 Canadians died as a result of an opioid-related overdose between January 2016 and September 2018, and fentanyl substances are linked to 73 percent of these deaths. The disturbing number of Canadians who have died in recent years due to a street fentanyl overdose has raised the question: “Can dealers …
Can a Fentanyl Dealer be charged with Manslaughter? Read More »
As exemplified in the below criminal trial, Canadian case law finds that a driver cannot be found guilty of a driving-related offence solely, or even partially, because their action had a bad outcome such as injuring another motorist. Rather, whether or not a defendant can be convicted of a driving-related charge depends on their actions under the …
You Can’t Be Convicted Of A Driving Offence Simply Because Your Actions Caused An Injury Read More »
The Law Firm of Ted Yoannou Toronto Criminal Lawyers represent clients charged with criminal offence in various courts across southern Ontario, including the Greater Toronto Area and the regions of York, Peel, Durham, Simcoe and Halton, with respect to all criminal related offences and many quasi-criminal matters including highway traffic offences.
Phone: (416) 486-2200
Fax: (416) 650-1980
Info@TorontoCriminalLawyers.com
