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”.
Every individual charged with a criminal offence will receive a “disclosure” package. The primary purpose of disclosure is to ensure that an Accused party knows the case to be met, and is able to make full answer and defence. Generally, the Crown has an obligation to disclose all information in its possession and control unless said information is clearly irrelevant or subject to a claim of privilege.
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.
