Author - Andrew Captan

05 Apr

“Social Distancing” Laws and Punishments in Ontario

The spread of Covid-19 in Ontario has lead the provincial government, as well city officials across Ontario, to introduce regulatory laws and offences associated with “social distancing”.    These regulatory by-laws are considered Provincial Offences, rather than Criminal Charges.  However, because these laws impinge on individual liberties, as well as introduce punishments that may include fines and jail, they should be treated seriously. Offences Surrounding Social Distancing in Parks in Toronto On April 1 and 3, Mayor John Tory signed two [...]

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31 Mar

Criminal Background Checks in Ontario – What You May Not Have Known

A very common question Criminal Lawyers are asked is “what will show up on my criminal background check”?     There are a variety of different outcomes of a criminal case.   From the entire range of outcomes, there are several that do not involve criminal convictions, including a withdrawn charge, a withdrawn charge by way of a peace bond and a Discharge (either Conditional or Absolute).  Many people often wonder whether a non-conviction outcome, like the aforementioned, will [...]

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31 Mar

Ontario Court of Justice (Criminal) – Court Scheduling during Covid-19 Crisis

The province of Ontario has introduced measures to curb the spread of Covid-19.  In relation to the Criminal Court system, the measures that are now in place restrict people from attending court. As of March 28, 2020, generally speaking, all non-urgent / out of custody matters in court until May 29, 2020 will be automatically adjourned without the attendance of counsel or the accused, via a bench warrant with discretion.  In short, this means that an accused is ordered to [...]

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Andrew Captan, Toronto Criminal Lawyer - Interior
26 Mar

Domestic Assault Cases Toronto: A Step-By-Step Summary of How These Cases Proceed

Introduction Domestic Assault cases in Toronto make up a significant portion of criminal cases within the court system.    Families are routinely broken up as a result of these charges, given that, in almost all of these cases, there will be contact restrictions imposed on the parties involved.  Criminal Lawyers often get calls from individuals charged with Domestic Assault, wondering what to do next; what will happen to them, ultimately; and, most commonly, when will they be able to re-unite [...]

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23 Mar

Defending Excess Blood Alcohol (80 Plus) Charges

Many people not in the practice of Criminal Law commonly ask, “How is it possible to defend against an Over 80 charge, when the person is clearly guilty”?   It’s a fair question.   After all, the police have a scientific method by which to determine the person’s blood alcohol concentration.   Unlike in many other areas of criminal law, proof of the offence lies within a number, rather than an interpretation of vague legal terminology. The reality is, there [...]

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19 Mar

Defending Impaired Driving Charges

There are 3 main DUI charges under the Criminal Code of Canada:  (1) Excess Blood Alcohol Level; (2) Impaired Operation or Care / Control (3) Refuse or Fail to Provide Breath Sample. It’s possible to be charged with any combination of the three charges, as each deals with separate legal infractions. The Impaired Driving (or Care / Control) charge is a very commonly laid DUI charge.  For the Crown to prove the offence, there has to be evidence that the [...]

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17 Mar

Coronavirus (Covid-19) and the Criminal Justice System in Ontario

At the time of writing, there are 424 confirmed Coronavirus cases in Canada — the majority of those (177) being in Ontario.  By the time you read this entry, that number will likely be significantly different. Just a few days ago, Ontario health officials confirmed at least a few cases in which transmission of the virus occurred within the community.  The numbers in Canada pale into significance when you look at the figures in Europe.  Italy, for example, recently [...]

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30 Jan

First Appearance in Criminal Court – Myths and Facts

I often get calls from individuals who are charged with criminal offences for the first time and are, not surprisingly, confused about how the court process works.  They are shocked to hear that a criminal court case can take over a year to complete; that the matter will not conclude at the first appearance, etc.  Here are some myths and facts about a first appearance in criminal court. MYTH – A First Appearance is My Trial Date A common misconception is [...]

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03 Jan

What is Self Defence in Canadian Criminal Law?

Self Defence is a legal defence (known as a justification) to criminal wrongdoing.  The law surrounding this defence was amended in 2012, and is now found under section 34 of the Criminal Code of Canada.    The current law simplied the old regime, which contained 4 separate sections of the Criminal Code dedicated to the defence (and now it is one). Under new section 34, persons will not be guilty of an offence if:they believe on reasonable grounds that force, [...]

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23 Aug

‘Stripping away’ Charter rights: Ontario’s problem with strip searches

Published article on The Lawyer’s Daily (written in collaboration with Sanja Mavrak, Criminal and Civil Lawyer) – August 22, 2019 “Almost two decades after the Supreme Court of Canada (SCC) released its landmark ruling in R. v. Golden [2001] 3 S.C.R. 679 in which the court set out the legal parameters surrounding justifiable strip searches, police forces across Ontario are continuing to have difficulty with adhering to these legal precepts. In fact, the lack of conformity to the rules set out [...]

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