Appeal a Criminal Conviction Ontario
Understanding Criminal Conviction Appeals in Ontario Being convicted of a criminal offence is one of the most stressful experiences a person can face. In Ontario, a conviction does not always represent the end of the legal process. The Canadian justice system recognizes that mistakes can occur during trials, and appeals exist as a safeguard to […]
Obstruction of Justice Charges
Obstruction of justice is a criminal offence that strikes at the core of the legal system in Canada. It refers to actions that interfere with the investigation, prosecution, or trial of an offence, or otherwise undermine the administration of law. The Criminal Code outlines a range of behaviours that fall within this category, recognizing that […]
How Do I Get a Pardon in Ontario
Understanding Pardons in Canada A pardon, officially referred to as a record suspension, is a legal process that allows individuals with criminal records to have those records set aside. In Ontario, as in the rest of Canada, pardons are granted by the Parole Board of Canada. While the record is not erased, it is kept […]
How Do You Appeal a Criminal Conviction
Understanding Criminal Conviction Appeals A criminal conviction can have a life-changing impact, resulting in imprisonment, a criminal record, loss of employment, restrictions on travel, and damage to reputation. Fortunately, Canadian law provides a mechanism to challenge convictions through the appeal process. An appeal is not the same as a new trial. Instead, it is a […]
Can You Press Charges Without Evidence
In Canada, individuals do not have the power to “press charges” in the same way as portrayed in television or American legal systems. In Ontario, only the police and Crown prosecutors have the legal authority to lay criminal charges. If someone believes a crime has been committed, they can report it to the police, but […]
What Is a Surety: Surety Responsibilities in Ontario
A surety is someone who agrees to supervise an accused person who has been granted bail while awaiting trial. The surety’s role is to ensure that the accused follows all the conditions set by the court and attends all court dates. Essentially, the surety acts as a guarantor to the court, promising to monitor the […]
Charged but Innocent: What to Do If You’re Facing Accusations
You can be charged even if you didn’t commit a crime. It happens more often than people realize. Police may act on a false report, misunderstand a situation, or feel pressure to arrest someone quickly. Witnesses can make mistakes, evidence can be misinterpreted, or someone may make an accusation out of anger or revenge. Unfortunately, […]
Resisting Arrest Penalty: What You’re Facing and How to Defend It
The penalty for resisting arrest in Ontario depends on the circumstances of the case, whether additional charges are involved, and whether you have a prior record. Under Section 129 of the Criminal Code, resisting arrest is a hybrid offence, meaning the Crown can choose to proceed summarily or by indictment. If convicted, you could face […]
Arrested but Not Charged: What It Means and What to Do Next
Being arrested but not charged is a confusing and often stressful experience. It means police had grounds to detain you, but after the arrest, the they decided not to proceed with formal criminal charges. This could happen for several reasons: insufficient evidence, mistaken identity, further investigation needed, or because the matter is better resolved without […]
Police Search Rights in Canada
Knowing your police search rights is essential for protecting your privacy and avoiding unlawful police conduct. In Canada, your rights are protected under the Canadian Charter of Rights and Freedoms, particularly Sections 8 and 9, which cover the right to be free from unreasonable search and seizure and arbitrary detention. Police cannot search you, your […]