Criminal Law

• Criminal Driving/ Impaired Driving

Criminal driving encompasses multiple motor vehicle offences in the Criminal Code and is different from charges under the Provincial Law.

• Sexual Offences

Sexual Assault covers a wide variety of conduct and is one of the most litigated offences in criminal law. It can include something as simple as an unwanted hug, kiss, or grope, to much more serious conduct, like intercourse.

• Indecent Acts
• Public Nudity
• Indecent Exhibition
• Solicitation for The Purpose of Prostitution
• Sexual Assault
• Communication For The Purpose of Prostitution

• Fail to Comply Offences

These offences involve Failing to Comply with, or Breaching, various forms of Court Orders or Conduct Toward Justice System,

• Disobeying a Court Order
• Obstructing a Peace Officer (ex: Lying About Identity or Resisting Arrest)Personating a Peace Officer
• Perjury (Lying under Oath)
• False Affidavit
• Obstructing Justice
• Public Mischief (False Accusation)
• Escape Lawful Custody
• Fail to Attend Court (Undertaking or Recognizance)
• Fail to Comply with Conditions of Undertaking or Recognizance
• Fail to Attend for Identification (fingerprints)
• Fail to Attend Court (Summons or Appearance Notice)
• Fail to Comply with Undertaking
• Fail to Comply with Probation Order
• Breach of Recognizance (Peace Bond)

• Pre-Charge Legal Advice

Precharge legal advice refers to the guidance and counsel provided by a lawyer to a client before any formal charges or legal proceedings have been initiated.

1. Youth Criminal

The Youth Criminal Justice Act (YCJA) applies to young people from the ages of 12 to 17 who are charged with a criminal offence.

The YCJA ensures that the consequences for young people who break the law are balanced. One of the principles of the YCJA is that while young people must be held accountable for their actions, they should not be treated the same as adults. The YCJA emphasizes rehabilitation.

Defence Strategy

We will formulate a plan designed to protect your rights and interests and to achieve the best possible outcome in a criminal case. 

The specific strategy employed will depend on your case, the evidence available, and your goals.

When facing criminal charges, it’s natural to become overwhelmed by the complex legal procedures. That’s why AMPS Law is committed to equipping clients with information to navigate the legal system.

PROCESS

CRIMINAL JUSTICE SYSTEM PROCESS

Crimes in Canada are classified into two main categories: “indictable” offences, which are more serious, and summary conviction offences, which are considered less severe. Additionally, some crimes are defined in provincial court as “hybrid,” allowing the Crown to decide the classification when formal charges are laid.

Summary conviction offences are typically adjudicated in lower courts before a judge, magistrate, or justice of the peace. 

ARREST  —  RELEASE  —  DOCKET COURT  —  TRIAL  —  SENTENCE

1. ARREST
2. An offence occurs. Police investigate.  Someone gets arrested and charged.
3. The person accused of the offence is referred to as “the accused.”
4. Arrests can be made based on a warrant issued by a judge or when a police officer has witnessed a crime. The arresting officer must inform the suspect of their rights, the reason for the arrest, and the specific charges against them.

• RELEASE – BAIL HEARING/JUDICIAL INTERIM RELEASE
• In Canada, even those accused of the most serious offences are entitled to reasonable Bail.
• The accused is either released or detained (not released).
• The accused can be released by the Police, by a Justice of the Peace, or by a Judge.
• the police may take you before a Justice of the Peace or Justice for a judicial interim release or “bail” hearing. 
• At this hearing, the Justice will decide if you should be released or held in custody until your trial.  In most cases, you can only be held in custody if the Crown shows that this is necessary for one of three reasons:

1. Primary Grounds –To make sure you show up for your court appearances.
2. Secondary Grounds (likelihood to re-offend): For the public’s protection and safety.
3. Tertiary Grounds – To maintain public confidence in the administration of justice
4. If the Justice decides that you should be released, there may be conditions set for your release.

3. DOCKET COURT / CMO (CASE MANAGEMENT OFFICE)
4. Before your first appearance. If you are going to hire a lawyer, do so immediately. They can make sure you are ready if you hire them well before the court.
5. Whether the accused was released or detained, the matter will be scheduled for an appearance in docket court.
6. At this stage of the proceedings, the court simply wants to record a plea: Guilty or Not Guilty.
7. If the plea is “Not Guilty,”, then the matter will be scheduled for trial at a later date. The Defence Lawyer and Crown may negotiate on the sentence and present a joint submission or proceed to contested sentencing.
8. If the plea is “Guilty,” (accept responsibility for all the essential elements of the offence) then the matter will be scheduled for a sentencing hearing at a later date.
9. If you are not prepared to enter a plea yet, then your matter will be adjourned to a later date.
10. Essentially, docket court is merely for procedural and administrative purposes.

4. TRIAL
5. It’s not up to people accused of a crime to prove their innocence. The Crown Prosecutor has to prove beyond a reasonable doubt you are guilty.
6. It is also the time for you to question the evidence against you, to cross-examine the witnesses, and to testify if you wish and present your defence.

Trial Procedure:

• The Crown must present evidence to support elements of the charge.
  • The Crown calls a witness to present their evidence: “Examination-In-Chief”
  • The Offender may question the Crown witness about their evidence: “Cross-Examination.”
  • The Crown may ask further questions to their witness: “Re-Direct.”
  • Crown concludes their Case
  • Accused/Defence present their Case. You may choose to call evidence and/or choose to testify.
  • Crown may “Cross-Examine” Accused or Accused witness if you call witnesses or Offender testifies.
  • The lawyers then present arguments to the Court as to why you should or should not be found guilty.
• The Judge will then decide whether the Accused is “Guilty” or “Not Guilty” of each charge.

• If found “Not Guilty”, the matter is concluded, charges are dismissed, and release conditions no longer apply.
• If found “Guilty”, the judge must decide on the sentence (punishment) for the crime.

5. SENTENCING
6. The Crown and Defence lawyer make submissions to the judge as to what would be an appropriate sentence and why.

Types of Sentences:

1. Absolute Discharge: An absolute discharge is the lowest‑level adult sentence that an offender can get. There a finding of guilt is made but no conviction is registered (the offender does not get a criminal record), and they are not given any conditions to follow.
2. Conditional Discharge: A conditional discharge is similar to an absolute discharge because a finding of guilt is made, but no conviction is registered (the offender does not get a criminal record). What makes it different from an absolute discharge is that there are conditions (Probation order) that the offender must follow.
3. Suspended Sentence: A conviction is registered (the offender gets a criminal record), and there are conditions (Probation order) that the offender must follow.
4. Probation: It is a court order to do (or not do) certain things for a period of time. A probation order can also be combined with a fine, a conditional sentence, intermittent imprisonment, or imprisonment.
5. Fine: A fine is an amount of money that an offender must pay to the court. It is different from restitution or a charitable donation. A conviction is registered (the offender gets a criminal record). A fine can be given instead of, or in addition to, imprisonment, a conditional sentence, or an intermittent sentence. A fine cannot be given on top of an absolute discharge, a conditional discharge, or a suspended sentence.
6. Imprisonment (Jail/Custody): Imprisonment is a jail sentence. After a judge gives a jail sentence, the offender is taken to jail and a conviction is registered against them (the offender gets a criminal record). If an offender is sent to jail for less than two years, they will go to a provincial institution. If an offender is sent to jail for two years or more, they will go to a federal penitentiary.
7. Intermittent sentence (“weekends”): An intermittent sentence is a jail sentence that the offender serves in “chunks” of time, instead of all at once. For example, if an offender gets an intermittent sentence, they may go to jail on the weekends, (Friday night until Monday morning) but be out of jail during the week. When an offender serving an intermittent sentence is not in jail, they are on a probation order. To get an intermittent sentence, the offender will usually have to show the judge that they have a job or other significant responsibilities (e.g., childcare) which would make it very hard to serve a regular jail sentence. A conviction is registered (the offender gets a criminal record)
8. Conditional sentence (“house arrest”): A conditional sentence is an imprisonment (jail) sentence, except that the offender serves the sentence outside of jail (in their house), under strict, jail‑like conditions. A conviction is registered (the offender gets a criminal record)

Ways to Avoid a Criminal Record

Even if someone is guilty of an offence, it is still possible to avoid a criminal conviction.

s.717   Alternative Measures Program (Adult)

• This program is generally designed for first-time offenders, involving charges of a minor nature, such as shoplifting or mischief.
• If you are successful, and if the Crown has received proof of successful completion from the Attendance Centre, then the criminal charge against you will be withdrawn by the Crown at your next court appearance, and you will continue to have no criminal record.
• If you are not successful in completing the program, then you are expected to enter a plea (guilty or not guilty).

Mental Health Diversion Program

• This program is similar to the Alternative Measures Program. However, the focus is on mental health diagnosis and treatment.
• It is operated by a different department.
• Admission is conditional to an assessment, which takes several weeks to complete.
• If you are successful, then your charges will be withdrawn.
• If you are not successful or do not qualify, then you are expected to enter a plea.

s.810   Peace Bond

• This is a recognizance (like your conditions of release).
• It requires a Peace Officer to swear new information in court.
• A person enters into a promise with the court that you will abide by certain conditions, for a specified duration (usually 12 months).
• It results in the criminal charges being withdrawn immediately.

Common Law Peace Bond

• This is just like a statutory peace bond, however, it involves a less formal process.
• It does not require the swearing of new information in court by a Peace Officer.
• This is preferable in court jurisdictions where it is difficult to find an officer to get involved.

Ancillary Orders

These are extra orders made by the court at sentencing.

Some are mandatory, depending on the charges, and some are discretionary.

• s.109   Mandatory Weapons Prohibition
• s.110   Discretionary Weapons Prohibition
• s.115   Forfeiture Order
• s.320.24   Driving Prohibition Order
• s.447.1   Order Prohibiting Having an Animal
• s.487.051   DNA Order
• s.490.012   Order to Comply with Sex Offender Information Registration
• s.737   Victim Surcharge of 30%
• s.738   Restitution Order

DEFENCE

Criminal Code Defences

• s.16     Defence of Mental Disorder
• s.17     Compulsion by Threats
• s.27     Use of Force to Prevent Commission of Offence
• s.30     Preventing Breach of Peace
• s.34     Self-Defence or Defence of Other Person
• s.35     Defence of Property
• s.43     Correction of Child by Force

Common Law Defences

Every offence is governed not only by the specific wording of the applicable law but also by how that law has been interpreted by the courts.

Our courts regularly interpret and apply laws to circumstances, thereby establishing precedents or tests for other courts to apply or follow.

In other words, even laws are subject to the decisions of our Supreme Court.

Examples of some Common Law Defences:

• Alibi
• Colour of right
• Consent
• Due Diligence
• Duress
• Entrapment
• Intoxication
• Lawful excuse
• Mistake of Fact
• Necessity
• Officially induced error

If you have been charged with a criminal offence, it’s not too late. Our experienced criminal lawyer can help!