Blog

Domestic Violence – Assault Lawyer – Red Deer

There is no specific charge in Canada for ‘domestic violence’ or ‘domestic assault’. These terms are used to refer to the group of charges that include assault (or one of its more serious variations), uttering threats, or weapons offences, when a domestic relation is the complainant. This is usually a spouse or domestic partner, but […]

What kind of Criminal Defence Lawyer do you want?

What kind of Criminal Defence Lawyer do you want? As the saying goes, do you want the good news first, or the bad news? In the case of hiring a lawyer, I have discovered that some people do not want to hear the bad news first, or second, or ever! They only want the good […]

Criminal Court Delays – The Jordan Decsion

The Canadian Charter of Rights and Freedoms provides all accused persons with the Right to be tried within a reasonable period of time. The last number of years have seen ever increasing delays within the Criminal Court system in Alberta and the rest of Canada. Budget conscious governments have postponed spending on the system, while […]

The ‘He said, She said” situation in Canadian Criminal Law

Many cases of assault and sexual assault will hinge on a complainant saying that one thing happened, while the accused testifies that it happened in a different way, or didn’t happen at all. How does the Judge decide who to believe? How does the Judge make their decision? In 1991, the Supreme Court of Canada […]

Talking with the Police – Should I do it?

If you have been charged with theft, assault, drug offences or any other crime, the Police will almost always ask you to give your side of the story. The most basic piece of advice I can give to a client is to not say anything to the Police. It is your right to not ‘self […]

Drinking and Driving – Basics

Impaired Driving, Operating a Motor Vehicle Over .08 and Refusal to Provide a Sample are the three standard charges in Canada for drinking and driving in the Criminal Code where there is no harm or death. In most cases, the Police will charge a person with both Impaired Operation and Driving Over .08, or if […]

Your Rights – Video Recording the Police

This past month we saw Constable James Forcillo of Toronto convicted of attempted murder. A cell phone video was posted online almost immediately after the incident. In 2007, we saw the video of a Polish visitor to Canada dying while being tasered by the RCMP at the Vancouver airport. In the United States, we have […]

Your Rights – Random Police Identification Checks

I recently acted for a client who was arrested in Edmonton.  The circumstances of his arrest bothered me greatly.  My client was standing in front of a convenience store with a cigarette in hand.  A passing police officer noticed him with the cigarette and approached to possibly give him a ticket for smoking within the […]

What is Wrong with Canada’s Criminal Justice System?

I hear this question often, usually in response to a case where an accused has been found not guilty, or where an accused receives what is perceived to be a light sentence in the circumstances. I also hear it from those who would see harsher criminal punishments set in law. Having been a player in […]