Author - Andrew Captan

New Pardon Reform Bill – Bill-C36

The Liberal government has introduced a bill – Bill C-36 – which seeks to introduce significant reforms in the area of pardon law. The bill, as it stands, is nowhere near becoming law and is only at the first reading. Moreover, using history as a benchmark, one may wonder if the bill will make it anywhere close to becoming law in Canada.If it ever does, there are some key changes to the law surrounding pardons that would [...]

Read more...

Hiring a Drunk Driving Lawyer? Questions to Ask

Hiring a criminal lawyer for any case can be daunting, especially if it’s your first offence. Hiring a lawyer for your Drunk Driving charge is no different. Drunk Driving charges is a highly technical area of criminal law found under the Criminal Code of Canada. How do you locate the right lawyer for your case? I’ll lay out some tips to assist you with your search to hire a lawyer that meets your [...]

Read more...

How to Find Your Court Date Online

For individuals who don’t have criminal lawyers, all court dates must be attended, otherwise there is a risk that a bench warrant could be issued for your arrest.A useful website operated by the government offers a list of all Ontario Court of Justice court dates in every court jurisdiction across Ontario for easy access..You can access two days in advance, but not further out. If your court date is more than two days away, you would have to [...]

Read more...

Judicial Referral Hearings – What Are They?

The enactment of Bill C-75 introduced a new type of criminal court hearing that could lead to a significant reduction in the number of certain types of criminal charges entering in the court system.Through the amendment to the Criminal Code of Canada, and in particular the addition of s. 523.1, the police or the Crown can decide to not proceed with formal criminal charges in certain circumstances, in exchange for having an accused’s release conditions reviewed by a Judge.The [...]

Read more...

Criminal Background Checks in Ontario

There are three types of criminal background checks in Ontario, based on a law that took effect in 2015 called the Police Record Check Reform Act. These include a Criminal Record Check, a Criminal Record and Judicial Matters Check and a Vulnerable Sector Check.Before a criminal lawyer completes a criminal case, they often will be asked by their client whether the case, or the case outcome, could appear on a criminal background check. It is [...]

Read more...

Canada’s overhaul of impaired driving law: New risks to non-citizens

Feel free to check out a recently published article on LexisNexis’ Lawyer’s Daily, where I provide an opinion on Bill C-46’s changes to DUI law — one of which is particularly important for everyone in Canada who is not a Citizen.  The article is pasted below for ease of reference: In December 2018, Bill C-46 came into force and introduced new law in relation to transportation offences (now referred to as conveyance offences), including offences related to alcohol and drug [...]

Read more...

Criminal Court Process in Ontario During COVID-19 Pandemic – What You Need To Know

Criminal courts have been impacted by the COVID-19 pandemic in Ontario and Canada-wide.    From criminal lawyers and Crown Attorneys to accused individuals and witnesses, everyone has had to adapt to the world as we know it, were in person interaction has to be limited to curb the spread of the virus. Criminal defence lawyers in Toronto and in every city in which the Ontario Court of Justice and Superior Court of Justice operates are consistently learning as we go, [...]

Read more...

Undertaking to Peace Officers – What Are They and What Legal Implications Arise?

Criminal Lawyers are well aware of what an Undertaking to a Peace Officer is, and what legal implications they have, but not all individuals who sign them have the same appreciation of the document.  These documents carry significant legal importance and are usually one of the few things a Criminal Lawyer will review. In short, an Undertaking to a Peace Officer is a type of release that the Police place an accused.  By signing an Undertaking, the accused agrees to [...]

Read more...

Are you a Permanent Resident Charged with a DUI in Canada? Information You Should Know

In December 2018, the Canadian government increased the maximum sentences of all DUI charges (as well as Dangerous Driving) to up to 10 years imprisonment.    While most individuals who commit DUI offences are unlikely to receive a punishment anywhere near that number (unless, of course, one is sentenced for an offence that caused death), the increase has created a situation whereby individuals who are not Canadian citizens face the risk of deportation if convicted of a DUI. To understand [...]

Read more...

Randomized Breath Testing and Approved Screening Device Demands in Canada

Drinking and Driving law was overhauled in December, 2018 with a variety of police powers either created or broadened.  One power that was broadened was their use of Approved Screening Devices. An Approved Screening Device (“ASD”) is a device that police use at the roadside to test for the existence of alcohol in one’s body. Typically, the device requires an individual to blow into a mouth piece which is attached to the device, expelling air from their lungs into it.  [...]

Read more...