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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 […]
Fine in Lieu of Forfeiture: An In-Depth Understanding Read More »
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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Being detained by law enforcement can be a stressful and unfamiliar experience. One of your fundamental legal rights during this process is the right to counsel. This post explores the nuances of your right to consult with a lawyer after an initial conversation, following your arrest or detention in Canada. The Right to Counsel
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Section 141(1) of the Criminal Code prohibits the act of compounding or concealing an indictable offence. Compounding Indictable Offences Compounding refers to the act of someone who can report a crime, agreeing with the offender to not report the offence in exchange for any form of “valuable consideration”. This would be called a “hush
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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
From Arrest to Trial: A Canadian’s Guide to Criminal Charges Read More »
Confessions are a cornerstone of criminal law, pivotal for their potential to decisively influence the outcome of trials. Their use in court, however, is contingent upon their voluntary nature, devoid of any coercion. Historical Foundations The pivotal 1914 case, Ibrahim v. R., laid down the essential principle that only voluntary confessions are admissible in
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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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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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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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The expansion of the internet in today’s society has unfortunately been accompanied by a surge in child pornography crimes. Grasping the legal ramifications and complexities of these offences is essential for the general public as well as individuals who are implicated. Canadian legislation details child pornography offences within Part V of the Criminal Code,
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