11 Jun

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 [...]

By Andrew Captan Criminal Law Information, DUI Law, Impaired Driving Lawyer Toronto permanent resident and DUI Comments Off

04 May

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, [...]

By Andrew Captan Criminal Law Information Court information during COVID Ontario, COVID-19 and courts, criminal courts and COVID-19 Ontario Comments Off

09 Apr

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 [...]

By Andrew Captan Criminal Law Information drinking and driving, permanent resident, permanent resident and DUI Comments Off

30 Mar

Cruel and Unusual Punishment – Section 12 of the Charter

Section 12 of the Charter provides that: “Everyone has the right not to be subjected to any cruel and unusual treatment or punishment”. In order for a punishment to contravene s. 12, that punishment must be considered “cruel and unusual”. The leading Supreme Court of Canada case on the meaning of “cruel and unusual” is R. v. Smith, 1987 CanLII 64 (SCC). The criterion which must be applied in order to determine whether a punishment is cruel and unusual within the meaning of s.12 [...]

By Andrew Captan Criminal Law Information Charter, Cruel and Unusual Punishment Comments Off

28 May

Statements to Police: The “Voluntariness” Requirement

Prior to consulting with counsel, and even sometimes after speaking with counsel, individuals often say things to police that are incriminating. An incriminating statement or utterance is a piece of evidence that tends to connect the statement (or utterance) maker with a criminal act. The Crown Attorney may attempt to rely on this evidence at a trial to bolster or improve their case against the accused. The general rule is that evidence that is relevant and material is admissible at [...]

By Andrew Captan Criminal Law Information statements to police, voluntariness Comments Off

27 May

Funnelling Individuals to Duty Counsel – A Violation of the Right to Counsel Under s. 10(b)

Individuals under s. 10(b) of the Charter of Rights and Freedoms have the right to retain and instruct counsel. What happens where a detainee advises police that they wish to speak to a private lawyer, but the police, without making sufficient effort, “funnel” the detainee to Duty Counsel (who are lawyers who work for Legal Aid Ontario)? A string of cases commencing in 2018 dealt with this issue, often finding there to be violations of individual righst under [...]

By Andrew Captan Criminal Law Information Charter, Funnelling to duty counsel, rights to counsel, section 10(b) Comments Off

05 May

Conditional Sentence of Imprisonment – When Is It NOT Available?

A conditional sentence of imprisonment is a type of sentence in Canadian criminal law that is considered jail time that is served within a community. It usually takes the form of a combination of house arrest and a curfew. There are several exclusionary rules regarding when a conditional sentence is not available in a particular case. The following are a summary of these: a) The sentence imposed is two years of jail or longer; b) Serving the sentence in the community would [...]

By Andrew Captan Criminal Law Information conditional sentence, house arrest Comments Off

28 Apr

Withdrawing a Guilty Plea in Criminal Law

One of the most important decisions in a criminal case is the the decision to plead guilty or not guilty. This decision dictates a whole series of steps to follow, which can have a significant impact on one’s life and liberty. So, what happens if a situation arises in which an individual enters a plea of guilty, then later on decides they want to change or withdraw that plea? The Law Surrounding Withdrawing a Guilty Plea The law on striking pleas [...]

By Andrew Captan Criminal Law Information Cancelling a guilty plea, Guilty Plea, Striking a guilty plea, Withdrawing guilty plea Comments Off

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 [...]

By Andrew Captan Criminal Law Information Criminal Background Check Toronto, Ontario Criminal Background Check, Toronto Criminal Background Check, What Shows On My Criminal Record Comments Off

Practice Areas

Criminal Law Information

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

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

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

Cruel and Unusual Punishment – Section 12 of the Charter

Statements to Police: The “Voluntariness” Requirement

Funnelling Individuals to Duty Counsel – A Violation of the Right to Counsel Under s. 10(b)

Conditional Sentence of Imprisonment – When Is It NOT Available?

Withdrawing a Guilty Plea in Criminal Law

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

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DUI and Driving Offences

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