Sexual Assault Definition
Sexual Assault Definition What is the the Definition of sexual assault in Canada? What are the Criminal Code provisions for sexual assault? Under section 271 of the Criminal Code of Canada, a person can be charged for committing a sexual assault. This section of the...
What is the Minimum Sentence for Sexual Assault in Canada?
What Kind of Sexual Assault Are You Charged With? It is important to know from the very start what kind of sexual assault you are charged with. The type of sexual assault you are charged with will change the minimum possible sentence. Some crimes are considered...
What is a Peace Bond?
Under section 810 of the Criminal Code of Canada, a person (called the complainant) can lay a peace bond against another person (called the defendant). A peace bond is a court order in the form of a signed promise that the defendant will obey certain rules for a...
What is the Difference Between Sexual Assault and Rape?
The first thing to know about the difference between sexual assault and rape is that “rape” is not listed as a criminal offence in the Criminal Code of Canada. Sexual assault is listed as an offence, and it is contrary to section 271 of the Criminal Code. Rape What...
Statutory Rape in Canada
What is Statutory Rape? Statutory Rape in Canada is defined as any sexual contact with a person under the age of consent. This usually refers to an adults touching children for sexual purposes. What is the Age of Consent in Canada? Canada’s age of consent is 16 years...
Pleading Guilty
Guilty Plea Clients often ask me if they should enter a guilty plea. That question should be decided by the client and only the client. An accused before the court should never feel pressure or duress to enter a guilty plea. The law gives everyone a right to a...
INTERMITTENT SENTENCE – Section 732 Criminal Code
What is an Intermittent Sentence? An intermittent sentence is a sentence of imprisonment that is served on specific days only, as opposed to consecutive days. For an example, a person who is sentenced intermittently could serve their sentence on weekends only. It is...
SENTENCING PRINCIPLES – Section 718 Criminal Code
What is the Fundamental Principle of Sentencing? The Criminal Code states that the fundamental principle, or guiding rule, of sentencing is that “[a] sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.” This...
DRUNK DRIVING – Read More
Drunk Driving Recent Decision on Impaired Care and Control Demonstrates the Complexity of the Offence
