Tanner Olheiser

Stack of coins, fine in lie of forfeiture. Credit to Pixabay

Fine in Lieu of Forfeiture: An In-Depth Understanding

Introduction to Fine in Lieu of Forfeiture In criminal law, the concept of “Fine in Lieu of Forfeiture” is crucial for ensuring that crime is not profitable. This legal provision enables courts to impose monetary fines on offenders when the associated property, recognized as “proceeds of crime,” is unavailable for forfeiture. Such situations arise […]

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Marital privilege, wedding ring. Credit to Megapixelstock

Exploring Marital Privilege in Canadian Criminal Law

Introduction to Marital Privilege Marital privilege stands as a fundamental legal safeguard within the Canadian judicial system, rooted in the principle of marital harmony. This doctrine is critical in ensuring that spouses are not forced to testify against each other, thus maintaining the confidentiality and sanctity of the marital bond. Historical Evolution of Marital

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From Arrest to Trial: A Canadian’s Guide to Criminal Charges

Understanding the workings of the criminal justice system can seem overwhelming, particularly if you’re new to the complexities involved in how criminal charges are categorized in Canada. This guide simplifies the key elements you need to grasp the legal framework and make well-informed decisions. Classification of Criminal Offences Court Selection Process Procedures Before Trial

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Canada Criminal Lawyer Teacher's Aide

Acquittal in False Sexual Assault Claim Against GTA Teacher’s Aide

Source: ‘Untrue, contrived, and unworthy of belief’: Police failed to verify ‘fabricated’ sex assault claim against GTA teacher’s aide, judge rulesDate Published: January 28, 2024Author: Wendy Gillis A Toronto area teacher’s aide aide has been acquitted of sexual assault, 16 months after she was falsely accused by an elementary school student who had a

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Understanding Your Rights: Section 11(c) and Section 7 in Canadian Law

Getting a grasp on the intricacies of legal rights during criminal proceedings is crucial for anyone navigating the justice system. This article will delve into two critical elements of the  Canadian Charter of Rights and Freedoms: Section 11(c) – Protection against testimonial compulsion, and Section 7 – Right Against Self-Incrimination.  Exploring Section 11(c) –

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Canada Criminal Lawyer Fees

Understanding the Costs: A Guide to Criminal Lawyer Fees

Navigating the financial aspects of hiring a criminal lawyer can be as complex as the legal process itself. Different lawyers adopt different billing methods to accommodate their clients’ needs. Commonly, lawyers might charge by the hour, but it’s also common to see block or flat fees for specific services. The more predictable the service,

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Updates from the SCC - Criminal Law

October 2023: Recent SCC Decisions

Credit to the team at Supreme Advocacy Criminal Law: DUI; Involuntary Intoxication  Garneau v. R., 2023 QCCA 131 (40754)Mr. Garneau was arrested for erratic and dangerous driving. The evaluating officer and the toxicology expert, in her report, concluded that he had consumed central nervous system stimulants and depressants, including gamma hydroxybutyrate (GHB). Mr. Garneau claimed that he

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