Every person has specific legal rights when charged with a criminal offence. It does not matter if the criminal offence is minor, like “Theft Under $5,000” or more serious, like “Manslaughter”. Unfortunately, many people are unaware of their rights. If you are ever detained or arrested in relation to a criminal offence, it is crucial, that you exercise your rights.
Being charged with a criminal offence is a stressful and emotionally taxing experience. An arrested party can either be charged and released, or charged and held for a bail hearing. Section 11(e) of the Canadian Charter of Rights and Freedoms states that a “detained” party has the right to reasonable bail, unless there is a just cause why the party should be detained in custody.
When most people think about sexual assault, they tend to think “rape”. In Canada, there is a broad offence known as “Sexual Assault”. Under the umbrella of “Sexual Assault”, there are numerous actions that can establish the offence. Consent is a crucial factor in all cases of “Sexual Assault”.
As a result of the recent changes in the law surrounding the sale and use of cannabis, the Government has proposed changes to the law for those who drive while under the influence of drugs, including cannabis. In light of the sweeping reformulation of the law on impaired driving generally, the Government has taken a handlined approach to dealing with those who drive under the influence of drugs.
“Over 80” and “Driving with Excess Blood Alcohol” are the same thing. Specifically, they are a criminal charge, and refer to an accused person who has operated a motor vehicle with more than 80 milligrams of alcohol in their blood. We often hear people say, “I wasn’t drunk. How could they charge me with Driving with Excess Blood Alcohol?”
As a result of COVID-19, we will be working remotely. We understand legal issues can be stressful, however we are asking all of our clients and future clients to follow Federal and Provincial guidelines and remain at home.
Please call us at 905-459-0004 or e-mail us at info@passipatel.com to schedule a telephone or virtual consultation.
