Bail Hearings and Pre-trial Release: A Criminal Lawyer in Mississauga Explains
If you have been arrested for an alleged criminal offence, you are probably wondering what comes next and how you should prepare. In this article, we will explain the process following arrest and the role of a criminal lawyer in Mississauga in securing your pre-trial release. Will I Be Taken into Custody Pending a Bail
Read MoreImpaired Driving / DUI Charges: A Criminal Lawyer in Mississauga Offers Insights
If you have been charged with impaired driving/driving under the influence (DUI), you may be wondering what your best course of action is. In this article, a criminal lawyer in Mississauga discusses the basics of these charges and how to respond to them. What is Impaired Driving / DUI? Impaired driving means operating a motor
Read More
Protecting the Privacy of your IP Address
- By: Aswani Datt
- privacy
- April 14, 2024
- Comments (0)
If s. 8 of the Charter is to meaningfully protect the online privacy of Canadians in today’s overwhelmingly digital world, it must protect their IP addresses. An IP address is the crucial link between an Internet user and their online activity. Viewed normatively, it is the key to unlocking a user’s Internet activity and, ultimately,
Read More
The rule against ungrounded common‑sense assumptions
- By: Aswani Datt
- stereotypes
- April 14, 2024
- Comments (0)
The Supreme Court of Canada has ruled that he rule against ungrounded common‑sense assumptions should not be recognized as giving rise to an error of law. Such an error of law would represent a radical departure from how appellate courts have typically approached credibility and reliability assessments, especially in the context of sexual assault. The
Read MoreHow a Criminal Lawyer in Mississauga Can Defend You Against Criminal Harassment Charges
Criminal harassment is often equated to stalking, but criminal harassment encompasses a much wider range of activities. The definition of this offence is quite broad, leaving a great deal of room for interpretation. Hence, it is particularly important to have excellent legal representation. If you are charged with criminal harassment, do not hesitate to contact
Read MoreHow a Criminal Lawyer in Mississauga Can Defend You Against Uttering Threats Charges
Uttering threats is a serious criminal charge with a maximum penalty of up to five years in prison. If there are aggravating factors, such as displaying a weapon or using hate speech, the sentence could be even longer. In this article, we will talk about what uttering threats means and how a criminal lawyer in
Read More
Mandatory Victim Surcharge Struck down as Cruel and Unusual Punishment
As per the Supreme Court of Canada in: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/17416/index.do The mandatory victim surcharge constitutes punishment, engaging s. 12 of the Charter , and its imposition and enforcement on several of the offenders, as well as the reasonable hypothetical offender, result in cruel and unusual punishment. The surcharge cannot be saved under s. 1 of the Charter . It is not necessary to consider whether s. 7 of the Charter is infringed.
Read MoreCertain Privacy for Text Messages – Law Catching up with Technology
Text messages that have been sent and received can, in some cases, attract a reasonable expectation of privacy and therefore can be protected against unreasonable search or seizure under s. 8 of the Charter . Whether a claimant had a reasonable expectation of privacy must be assessed in the totality of the circumstances. To claim s. 8 protection, claimants must establish that they had
Read MoreMaking a Threat? Don’t say it seriously!
While the accused was incarcerated, he had a telephone conversation with his ex‑girlfriend during which he repeatedly told her that he would kill her upon his release if she proceeded with her planned abortion of their child. The accused was charged with uttering threats. At trial, the ex‑girlfriend testified that the words uttered by the
Read MoreProbation Orders
The probation orders imposed on the appellants were valid when made and no prior or subsequent sentences invalidated them, either prospectively or retrospectively. The phrase “imprisonment for a term not exceeding two years” relates only to the actual term of imprisonment imposed by a sentencing court at a single sitting. It does not refer to
Read More