Author - Andrew Captan

21 Dec

Domestic Assault Lawyer in Toronto

IntroductionAndrew Captan – Domestic Assault Lawyer is an experienced Criminal Defence Lawyer stationed in Toronto, and, in this article, provides tips to locating the best Domestic Violence Lawyer for you. You may schedule a consultation with Andrew Captan by calling (647) 878-6355, e-mailing andrew@captanlaw.com or visiting his website HERE.Introduction to Domestic Assault ChargesHave you been charged with a Domestic Assault or Domestic Violence related offence? Your search for a Domestic Assault Lawyer begins here!Unfortunately, Domestic Assault and [...]

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02 Dec

Explaining Adult Charge Screening Forms for Lay People

In Ontario, everyone charged with a criminal offence will receive disclosure at some point in the early phase of their case. Disclosure consists of the evidence upon which the Crown Attorney will rely to prosecute a case. Each accused person is constitutionally entitled to obtain Disclosure from the Crown before making crucial decisions in their case.One document that is often provided in disclosure, and is quite crucial to understand, is called an Adult Charge Screening [...]

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29 Jun

A description of the offence of Assault Causing Bodily Harm

IntroductionAssault causing bodily harm is a criminal offence found under s. 267(b) of the Criminal Code of Canada. It is a “hybrid” criminal offence, meaning that the Crown can choose to proceed either by Summary Conviction or by Indictment. The maximum sentence is 10 years of jail if the Crown proceeds by Indictment, and 18 months in jail if the Crown elects by Summary Conviction. There are no minimum punishments associated with the offence. The lowest [...]

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28 Jun

Self-Defence – A Simplified Explanation of the Defence in Canadian Criminal Law

Criminal lawyers, including myself, will at some point in time have a client tell them that their actions amounted to “self-defence”. However, their understanding of what self-defence is can be vary different than what Canadian criminal law says it is. So, what is self-defence?LEGAL OVERVIEWSelf-defence is what is considered a “justification” for what would otherwise be criminal wrongdoing. Section 34 of the Criminal Code of Canada sets out what Parliament has defined as self-defence, [...]

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23 Jun

Increases in Car Thefts / Jackings in Toronto – A Criminal Law Perspective

THE RISE IN CAR JACKINGSYou have probably come across countless news articles about the rise of car thefts in Toronto and the GTA in general in recent months. The car jackings make headlines, due to not only the frequency with which they are occurring, but also their violent nature.Many have occurred in broad day light, and public figures, such as Toronto Maple Leafs player Mitch Marner have been victims.A recent arrest of a 17 and 19 year old [...]

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05 Jul

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 [...]

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23 Jun

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 [...]

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21 Jun

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 [...]

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18 Jun

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 [...]

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17 Jun

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 [...]

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