In the realm of criminal defence, an alibi is a powerful tool that can make a significant difference in establishing the innocence of an accused individual. An alibi refers to a defense strategy where the defendant provides evidence or witnesses to support the claim that they were not present at […]
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As a criminal defense lawyer in Canada, your primary duty is to protect the rights of your clients and provide them with a robust defense. One crucial strategy in defending against criminal charges is challenging police evidence. Police evidence, which includes statements, documents, and physical evidence collected by law enforcement […]
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Sexual assault cases involving issues of consent and intoxication can present complex legal challenges. When one or both parties are intoxicated, questions of consent, capacity, and voluntariness become critical factors in determining the outcome of the case. In the Canadian legal system, establishing consent in cases involving intoxication requires careful […]
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In cases of sexual assault, there are typically two available defences: denial of the allegation and claiming either the complainant consented or the accused had an honest but mistaken belief in consent. In this article, we will review the relevant law in Canada with respect to the defence of honest […]
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Self-defence is a vital legal defense for individuals facing assault. It involves responding to force or threats of force with reasonable force to protect oneself or others from an imminent attack. In March 2013, the Citizen’s Arrest and Self-Defence Act replaced the former self-defence sections of the Criminal Code in […]
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No matter the offence, the Crown Attorney must always prove the identity of the accused as the person who committed the crime in order to secure a conviction. Depending on the case, sometimes the accused identity is admitted and not in issues. In other cases, the sole issues is the […]
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De Minimis Non Curat Lex is Latin for “the law does not care for small things.” In a number of criminal cases the de minimis defence has been raised successfully, though appellant courts have not been clear on its availability for all offences. In R v Peleshaty, the Manitoba Court […]
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