PRACTICE AREAS

List of Offences

Violent and Sexual Offences

Assaults, Manslaughter, Sexual Assaults, Human Trafficking, Child Pornography, Criminal Harassment, Forcible Confinement, Extortion, etc.

Firearms and Weapons Offences

Careless Use or Storage of a Firearm, Carrying a Concealed Weapon, Unauthorized Possession of a Firearm, Discharging a Firearm, Weapons Trafficking, etc.

Theft and Property Crimes

Theft, Robbery, Break and Enter,
Mischief, Arson, etc.

Drug Offences

Possession, Production, Importing and Exporting, Trafficking.

Drug Offences

Possession, Production, Importing and Exporting, Trafficking.

Motor Vehicle Offences

Impaired and Over 80, Refusal to Blow, Dangerous Operation, Flight from Police, Failure to Stop or Remain at the Scene of an Accident, Driving while Disqualified, etc.

Financial Crimes

Fraud, Forgery, Counterfeiting, Money Laundering, etc.

Violent and Sexual Offences

• Assault

Assault under the Criminal Code of Canada is defined as the intentional application of force to another person without their consent, or the threat of force that causes that person to fear for their safety.

There are three types of assault under the Criminal Code of Canada: common assault, assault with a weapon or causing bodily harm, and aggravated assault.

Defences to assault in Canada include self-defence, defence of others, and consent. Additionally, an accused person may argue that they were acting under duress or necessity. The specific circumstances and evidence will determine the validity of these defences.

• Manslaughter

Manslaughter under the Criminal Code of Canada is defined as the unlawful killing of another person without the intention to cause death. It is considered a less serious offence than murder, but still carries severe penalties.

Common defences to manslaughter in Canada include self-defence, defence of others, and provocation. An accused person may also argue that they suffered from a mental disorder that impaired their ability to understand the nature of their actions or to form the intent to cause death. Again, the specific circumstances and evidence will determine the validity of these defences.

• Sexual Assaults

Sexual assault under the Criminal Code of Canada is defined as any form of sexual contact without consent, including sexual touching or penetration. It is considered a serious crime and is punishable by imprisonment.

There are three levels of sexual assault under the Criminal Code of Canada: sexual assault, sexual assault with a weapon, and aggravated sexual assault.

Common defences to sexual assault in Canada include a reasonable belief in consent and mistaken identity. An accused person may also argue that the alleged victim consented to the sexual contact or that the accused did not have the specific intent to commit sexual assault. However, these defences must be supported by evidence and may not be valid in all circumstances. The specific circumstances and evidence will determine the validity of these defences.

• Human Trafficking

The Criminal Code of Canada recognizes several offences related to human trafficking, including:

  • Trafficking in persons
  • Material benefit from trafficking in persons
  • Withholding or destroying documents to facilitate trafficking in persons
  • Advertising another person’s sexual services

Common defences to human trafficking charges in Canada include a lack of knowledge of the trafficking activity, duress or coercion, and a lack of intent to engage in the trafficking. An accused person may also argue that they were not involved in the trafficking activity and that the charges are based on mistaken identity. The specific circumstances and evidence will determine the validity of these defences.

• Child Pornography

Child pornography is defined as any material that depicts a person under the age of 18 engaging in explicit sexual activity or is sexually suggestive, including visual representations like photos, videos, and digital images. Possession, distribution, and production of child pornography are illegal in Canada and punishable by imprisonment.

Common defences to child pornography charges in Canada include:

Lack of knowledge or awareness of the presence of child pornography material

  • Accidental access or possession of the material
  • The material was not intended for distribution
  • The material was not created, possessed or distributed for the purpose of sexual exploitation or abuse of a child
  • Challenges to a Search Warrant

It’s important to note that these defences may vary depending on the specific circumstances of each case and the interpretation of the court. If you’re facing child pornography charges in Canada, it’s best to seek the assistance of a qualified criminal defence lawyer who can help you navigate the legal system and build the strongest possible defence for your case.

• Criminal Harassment

Criminal harassment, also known as stalking, is defined in the Criminal Code of Canada as engaging in conduct that causes fear of injury or damage to another person’s property. This includes repeated and unwanted communication, following someone, threatening behaviour, and any other behaviour that causes fear.

There are several types of criminal harassment in Canada, including:

  • Physical stalking
  • Cyberstalking
  • Harassment through the use of technology
  • Psychological stalking

Common defenses to a charge of criminal harassment in Canada include:

  • Lack of intent to harass or cause fear
  • The accused did not engage in repeated or threatening behaviour
  • The accused was engaging in lawful activity and the other person’s fear is not reasonable
  • The accused was acting in self-defence or defence of another person

It’s important to note that these defences may vary depending on the specific circumstances of each case and the interpretation of the court. If you’re facing criminal harassment charges in Canada, it’s best to seek the assistance of a qualified criminal defence lawyer who can help you navigate the legal system and build the strongest possible defence for your case.

• Forcible Confinement

Forcible confinement, also known as kidnapping or unlawful confinement, is a crime under the Criminal Code of Canada that involves intentionally or recklessly restricting the movement of another person without their consent. This can include physically preventing someone from leaving a place, or physically moving someone to another location against their will.

Common defences to a charge of forcible confinement in Canada include:

  • Lack of intent or knowledge of the confinement
  • Consent of the person who was confined
  • The accused was acting in self-defence or defence of another person
  • The confinement was not against the person’s will

It’s important to note that these defences may vary depending on the specific circumstances of each case and the interpretation of the court. If you’re facing charges of forcible confinement in Canada, it’s best to seek the assistance of a qualified criminal defence lawyer who can help you navigate the legal system and build the strongest possible defence for your case.

• Extortion

Extortion is a crime under the Criminal Code of Canada that involves the use of threats, intimidation, or coercion to force someone to do something against their will, such as giving up money or property.

Common defences to extortion charges in Canada include:

Lack of intent to extort

  • The accused was acting in good faith, without malicious intent
  • The accused was making a legitimate demand
  • The alleged victim consented to the demand
  • The accused was not the cause of the fear experienced by the alleged victim

It’s important to note that these defences may vary depending on the specific circumstances of each case and the interpretation of the court. If you’re facing extortion charges in Canada, it’s best to seek the assistance of a qualified criminal defence lawyer who can help you navigate the legal system and build the strongest possible defence for your case.

Firearms and Weapons Offences

• Careless Use or Storage of a Firearm

A “careless use or storage of a firearm” charge under the Criminal Code of Canada refers to a criminal offence where an individual uses or stores a firearm in a manner that is considered careless and poses a risk to public safety.

Common defences for this charge in Canada include:

  1. Lack of intent – if the defendant did not intend to use or store the firearm in a careless manner, they cannot be convicted of this charge.
  2. Mistake of fact – if the defendant had an honest belief that their use or storage of the firearm was not careless, they may be able to use this as a defence.
  3. Unforeseeable circumstances – if the defendant’s careless use or storage of the firearm was due to unforeseeable circumstances, they may be able to argue that they should not be held responsible.
  4. Necessity – if the defendant’s use of the firearm was necessary to protect themselves or others, they may be able to argue that it was not careless.

Charter rights – if the defendant’s rights under the Canadian Charter of Rights and Freedoms were violated during the investigation or arrest, they may be able to argue that the evidence against them should be excluded.

It’s important to note that these are just a few examples of potential defences and each case is unique. A defendant should always consult a lawyer for guidance on the best defence for their specific situation.

• Carrying a Concealed Weapon

“Carrying a concealed weapon” is a criminal offence under the Criminal Code of Canada, where an individual is found to be carrying a weapon in a concealed manner in a public place without lawful excuse.

Common defences for this charge in Canada include:

  1. Lack of knowledge – if the defendant was not aware that they were carrying the weapon in a concealed manner, they may be able to use this as a defence.
  2. Necessity – if the defendant had a lawful excuse for carrying the weapon, such as self-defence, they may be able to argue that they should not be convicted.
  3. Charter rights – if the defendant’s rights under the Canadian Charter of Rights and Freedoms were violated during the investigation or arrest, they may be able to argue that the evidence against them should be excluded.
  4. Unlawful search and seizure – if the weapon was discovered during an unlawful search or seizure, the defendant may be able to argue that the evidence against them should be excluded.
  5. Mistake of fact – if the defendant had an honest belief that their possession of the weapon was lawful, they may be able to use this as a defence.

It’s important to note that these are just a few examples of potential defences and each case is unique. A defendant should always consult a lawyer for guidance on the best defence for their specific situation.

• Unauthorized Possession of a Firearm

“Unauthorized possession of a firearm” is a criminal offence under the Criminal Code of Canada, where an individual is found to be in possession of a firearm without the proper authorization, such as a license or registration certificate.

Common defences for this charge in Canada include:

  1. Lack of knowledge – if the defendant was not aware that they were in unauthorized possession of a firearm, they may be able to use this as a defence.
  2. Charter rights – if the defendant’s rights under the Canadian Charter of Rights and Freedoms were violated during the investigation or arrest, they may be able to argue that the evidence against them should be excluded.
  3. Unlawful search and seizure – if the firearm was discovered during an unlawful search or seizure, the defendant may be able to argue that the evidence against them should be excluded.
  4. Mistake of fact – if the defendant had an honest belief that their possession of the firearm was lawful, they may be able to use this as a defence.
  5. Technicality – if the prosecution cannot prove that the defendant knew they were in unauthorized possession of a firearm, or if there was a mistake in the administration of the licensing or registration process, they may be able to use these as defences.

It’s important to note that these are just a few examples of potential defenses and each case is unique. A defendant should always consult a lawyer for guidance on the best defense for their specific situation.

• Discharging a Firearm

Being charged with “discharging a firearm” under the Criminal Code of Canada means that an individual is accused of using a firearm to discharge, or shoot, ammunition in a manner that contravenes the provisions of the Criminal Code. This may include, but is not limited to, careless use of a firearm, pointing a firearm at someone, and discharging a firearm with intent to wound, endanger life, or prevent arrest. The specific charges and consequences will depend on the circumstances of the incident and the applicable provisions of the Criminal Code.

Common defences to a criminal charge of discharging a firearm in Canada include:

  1. Self-defence: This defence argues that the discharge of the firearm was necessary to protect oneself or others from imminent harm.
  2. Accident: This defence argues that the discharge of the firearm was not intentional and occurred as the result of an accidental or unintentional action.
  3. Duress: This defence argues that the discharge of the firearm was the result of coercion or threats from another person, and that the accused acted under duress.
  4. Lack of intent: This defence argues that the accused did not have the specific intention to commit the offence as required by law.
  5. Mistaken identity: This defence argues that the accused was not the person who discharged the firearm.

These defences must be supported by evidence and will be evaluated on a case-by-case basis. The specific defences that may be available in a particular case will depend on the facts and circumstances of the case, as well as the applicable provisions of the Criminal Code.

• Weapons Trafficking

Weapon trafficking offences under the Criminal Code of Canada refer to the illegal trade or transfer of firearms, ammunition, and other weapons. These offences include:

  1. Trafficking in firearms: This offence occurs when a person transfers, sells, or otherwise traffics in firearms, ammunition, or weapons in a manner that contravenes the provisions of the Criminal Code.
  2. Unauthorized import or export of firearms: This offence occurs when a person imports or exports firearms, ammunition, or weapons without the proper authorization, in contravention of the Criminal Code.
  3. Possession of weapons for the purpose of trafficking: This offence occurs when a person possesses firearms, ammunition, or weapons with the intention of trafficking them.
  4. Illegal sale or transfer of firearms: This offence occurs when a person sells, transfers, or otherwise disposes of firearms, ammunition, or weapons in a manner that contravenes the provisions of the Criminal Code.

These offences are taken very seriously by the Canadian legal system, and those convicted of weapon trafficking offences can face severe penalties, including fines and imprisonment. The specific charges and consequences will depend on the circumstances of the offense, the type of weapon involved, and the applicable provisions of the Criminal Code.

Common defences to weapons trafficking charges in Canada include:

  1. Lack of knowledge: This defence argues that the accused did not know that they were trafficking in firearms, ammunition, or weapons.
  2. Entrapment: This defence argues that the accused was induced or coaxed into committing the offence by law enforcement officers or others acting as agents of the state.
  3. Mistaken identity: This defence argues that the accused was not the person who committed the offence.
  4. Illegal search and seizure: This defence argues that the evidence against the accused was obtained in violation of their rights under the Canadian Charter of Rights and Freedoms, and should therefore be excluded from consideration.
  5. Charter violations: This defence argues that the accused’s rights under the Canadian Charter of Rights and Freedoms were violated during the investigation or prosecution of the offence, and that this should result in the charges being dismissed.

These defences must be supported by evidence and will be evaluated on a case-by-case basis. The specific defences that may be available in a particular case will depend on the facts and circumstances of the case, as well as the applicable provisions of the Criminal Code.

Theft and Property Crimes

• Theft

Theft under the Criminal Code of Canada is defined as the unauthorized taking of property belonging to another person with the intent to permanently deprive the owner of that property. Theft can be committed in a variety of ways, including, but not limited to, taking property without the owner’s consent, using deception or false pretenses to obtain property, or taking property that has been lost or mislaid.

Theft is a serious criminal offence in Canada, and those convicted can face significant penalties, including fines and imprisonment. The specific charges and consequences will depend on the circumstances of the theft, the value of the property taken, and the applicable provisions of the Criminal Code.

Common defences to theft under the Criminal Code of Canada include:

  1. Lack of intent: This defence argues that the accused did not have the specific intention to steal the property, and that their actions were the result of a mistake or misunderstanding.
  2. Ownership: This defence argues that the accused believed that the property in question was theirs or that they had a right to it, and that they did not intend to steal it.
  3. Duress: This defence argues that the accused was coerced or threatened into committing the theft by another person.
  4. Mistaken identity: This defence argues that the accused was not the person who committed the theft.
  5. Entrapment: This defence argues that the accused was induced or coaxed into committing the theft by law enforcement officers or others acting as agents of the state.

These defences must be supported by evidence and will be evaluated on a case-by-case basis. The specific defences that may be available in a particular case will depend on the facts and circumstances of the case, as well as the applicable provisions of the Criminal Code.

• Robbery

Robbery under the Criminal Code of Canada is defined as the taking of property from another person by the use of violence, threats, or intimidation. It is a more serious offence than theft, as it involves the use of force or threats to obtain the property.

Common defences to a robbery charge in Canada include:

  1. Lack of intent: This defence argues that the accused did not have the specific intention to rob the property, and that the taking was not done with the intent to permanently deprive the owner of the property.
  2. Consent: This defence argues that the accused took the property with the owner’s consent, or that the owner had abandoned or given up ownership of the property.
  3. Mistaken belief: This defence argues that the accused believed that they had a right to take the property, even though this belief was mistaken.
  4. Duress: This defence argues that the accused was compelled to take the property due to threats or coercion from another person.
  5. Entrapment: This defence argues that the accused was induced or coaxed into committing the robbery by law enforcement officers or others acting as agents of the state.
  6. Mistaken identity: This defence argues that the accused was not the person who committed the robbery.

These defences must be supported by evidence and will be evaluated on a case-by-case basis. The specific defences that may be available in a particular case will depend on the facts and circumstances of the case, as well as the applicable provisions of the Criminal Code.

• Break and Enter

Breaking and entering is a criminal offence in Canada that is defined as the unauthorized entry into a building, dwelling, or enclosed property with the intent to commit an indictable offence. There are several different types of breaking and entering offences under the Criminal Code of Canada, including:

  1. Break and enter with intent: This occurs when a person enters a building, dwelling, or enclosed property with the intention of committing a crime.
  2. Break and enter with theft: This occurs when a person enters a building, dwelling, or enclosed property with the intention of stealing property.
  3. Break and enter with violence: This occurs when a person enters a building, dwelling, or enclosed property with the use of violence or threats of violence.

Common defences to a break and enter charge in Canada include:

  1. Lack of intent: This defence argues that the accused did not have the specific intention to commit an indictable offence.
  2. Mistaken identity: This defence argues that the accused was not the person who committed the break and enter.
  3. Consent: This defence argues that the accused had the owner’s consent to enter the property.
  4. Duress: This defence argues that the accused was compelled to enter the property due to threats or coercion from another person.
  5. Entrapment: This defence argues that the accused was induced or coaxed into committing the break and enter by law enforcement officers or others acting as agents of the state.

These defences must be supported by evidence and will be evaluated on a case-by-case basis. The specific defences that may be available in a particular case will depend on the facts and circumstances of the case, as well as the applicable provisions of the Criminal Code.

• Mischief

Mischief is a criminal offence in Canada that is defined as intentionally or recklessly causing damage to property, or interfering with the lawful use of property. There are several different types of mischief offences under the Criminal Code of Canada, including:

  1. Mischief causing actual damage: This occurs when a person intentionally or recklessly causes damage to property.
  2. Mischief endangering life: This occurs when a person intentionally or recklessly interferes with the lawful use of property in a manner that endangers life.
  3. Mischief involving property of a value under $5,000: This occurs when a person intentionally or recklessly interferes with the lawful use of property of a value less than $5,000.

Common defences to a mischief charge in Canada include:

  1. Lack of intent: This defence argues that the accused did not have the specific intention to cause the damage or interfere with the use of the property.
  2. Mistaken identity: This defence argues that the accused was not the person who committed the mischief.
  3. Accident: This defence argues that the accused’s actions were not intentional or reckless and that the damage or interference was accidental.
  4. Necessity: This defence argues that the accused’s actions were necessary to prevent greater harm from occurring.
  5. Duress: This defence argues that the accused was compelled to commit the mischief due to threats or coercion from another person.

These defences must be supported by evidence and will be evaluated on a case-by-case basis. The specific defences that may be available in a particular case will depend on the facts and circumstances of the case, as well as the applicable provisions of the Criminal Code.

• Arson

Arson is a criminal offence in Canada that is defined as the intentional or reckless destruction of property by fire or explosion. This can include the destruction of buildings, vehicles, or other property. Common defences to an arson charge in Canada include:

  1. Lack of intent: This defence argues that the accused did not have the specific intention to destroy the property by fire or explosion.
  2. Mistaken identity: This defence argues that the accused was not the person who committed the arson.
  3. Accident: This defence argues that the fire or explosion was accidental and not intentional or reckless.
  4. Necessity: This defence argues that the accused’s actions were necessary to prevent greater harm from occurring.
  5. Duress: This defence argues that the accused was compelled to commit the arson due to threats or coercion from another person.

These defences must be supported by evidence and will be evaluated on a case-by-case basis. The specific defences that may be available in a particular case will depend on the facts and circumstances of the case, as well as the applicable provisions of the Criminal Code.

Drug Offences

• Possession

A drug possession charge under the Controlled Drugs and Substances Act (CDSA) in Canada is a criminal offence that occurs when an individual possesses a controlled substance without lawful authority. Controlled substances include a range of illegal drugs, including marijuana, cocaine, and heroin.

The common defences to a drug possession charge in Canada include:

  1. Lack of knowledge: The individual did not know that they were in possession of the drug.
  2. Charter challenge: The individual’s rights under the Canadian Charter of Rights and Freedoms were violated during the search and seizure process.
  3. Unlawful search and seizure: The police did not have reasonable grounds to search the individual, or the search was conducted in an unreasonable manner.
  4. Medical necessity: The individual was in possession of the drug for medical reasons, and had a valid prescription or authorization.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Production

A drug production charge under the Controlled Drugs and Substances Act (CDSA) in Canada is a criminal offence that occurs when an individual produces a controlled substance without lawful authority. This includes activities such as growing marijuana plants, manufacturing methamphetamine, and producing ecstasy pills.

The common defences to a drug production charge in Canada include:

  1. Lack of knowledge: The individual did not know that they were involved in the production of the drug.
  2. Charter challenge: The individual’s rights under the Canadian Charter of Rights and Freedoms were violated during the search and seizure process.
  3. Unlawful search and seizure: The police did not have reasonable grounds to search the individual or the production site, or the search was conducted in an unreasonable manner.
  4. Entrapment: The individual was induced or coerced into participating in the production of the drug by law enforcement.
  5. Medical necessity: The individual was involved in the production of the drug for medical reasons, and had a valid prescription or authorization.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Trafficking

A drug trafficking and possession for the purposes of trafficking charge under the Controlled Drugs and Substances Act (CDSA) in Canada is a criminal offence that occurs when an individual traffics or possesses a controlled substance with the intention to traffic. This includes activities such as selling, transporting, or importing drugs.

The common defences to a drug trafficking charge in Canada include:

  1. Lack of knowledge: The individual did not know that they were involved in trafficking drugs.
  2. Charter challenge: The individual’s rights under the Canadian Charter of Rights and Freedoms were violated during the search and seizure process.
  3. Unlawful search and seizure: The police did not have reasonable grounds to search the individual or the place where the drugs were found, or the search was conducted in an unreasonable manner.
  4. Entrapment: The individual was induced or coerced into trafficking drugs by law enforcement.
  5. Necessity: The individual was involved in trafficking drugs to prevent a greater harm.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Importing and Exporting

A drug importing and exporting charge under the Controlled Drugs and Substances Act (CDSA) in Canada is a criminal offence that occurs when an individual imports or exports a controlled substance into or out of Canada without lawful authority.

The common defences to a drug importing and exporting charge in Canada include:

  1. Lack of knowledge: The individual did not know that they were importing or exporting drugs.
  2. Charter challenge: The individual’s rights under the Canadian Charter of Rights and Freedoms were violated during the search and seizure process.
  3. Unlawful search and seizure: The police did not have reasonable grounds to search the individual or the place where the drugs were found, or the search was conducted in an unreasonable manner.
  4. Entrapment: The individual was induced or coerced into importing or exporting drugs by law enforcement.
  5. Necessity: The individual was involved in importing or exporting drugs to prevent a greater harm.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

Motor Vehicle Offences

• Impaired

Impaired driving charge in Canada refers to operating a motor vehicle while under the influence of alcohol or drugs, including prescription and non-prescription drugs. It is a criminal offence under the Criminal Code of Canada.

The penalties for an impaired driving conviction in Canada can include:

  1. Fine
  2. Imprisonment
  3. License suspension
  4. Installation of an ignition interlock device
  5. Criminal record

The common defences to an impaired driving charge in Canada include:

  1. Charter challenge: The individual’s rights under the Canadian Charter of Rights and Freedoms were violated during the arrest or the testing process.
  2. Improper administration of the breathalyzer test: The breathalyzer test was not properly administered or the results were unreliable.
  3. Medical conditions: The individual had a medical condition that caused their ability to operate a motor vehicle to be impaired.
  4. Improper stopping of the vehicle: The police did not have reasonable grounds to stop the vehicle or the stop was conducted in an unreasonable manner.
  5. Improper arrest: The arrest was not carried out in accordance with the law.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Over 80

An excess blood alcohol level charge in Canada refers to having a blood alcohol concentration (BAC) over the legal limit while operating a motor vehicle. This is a criminal offence under the Criminal Code of Canada.

The penalties for an excess blood alcohol level charge in Canada can include:

  1. Fine
  2. Imprisonment
  3. License suspension
  4. Installation of an ignition interlock device
  5. Criminal record

The common defences to an excess blood alcohol level charge in Canada include:

  1. Charter challenge: The individual’s rights under the Canadian Charter of Rights and Freedoms were violated during the arrest or the testing process.
  2. Improper administration of the breathalyzer test: The breathalyzer test was not properly administered or the results were unreliable.
  3. Medical conditions: The individual had a medical condition that caused their blood alcohol level to be over the legal limit.
  4. Improper stopping of the vehicle: The police did not have reasonable grounds to stop the vehicle or the stop was conducted in an unreasonable manner.
  5. Improper arrest: The arrest was not carried out in accordance with the law.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Refusal to Blow

A refuse breathalyzer charge in Canada refers to failing or refusing to provide a breath sample when asked to do so by a police officer who has reasonable grounds to believe that the individual has operated a motor vehicle while impaired by alcohol. This is a criminal offence under the Criminal Code of Canada.

The penalties for a refusal to blow charge in Canada can include:

  1. Fine
  2. Imprisonment
  3. License suspension
  4. Installation of an ignition interlock device
  5. Criminal record

The common defences to a breathalyzer refusal charge in Canada include:

  1. Charter challenge: The individual’s rights under the Canadian Charter of Rights and Freedoms were violated during the arrest or the testing process.
  2. Improper request for a breath sample: The police officer did not have reasonable grounds to request a breath sample or did not follow proper procedure.
  3. Medical conditions: The individual was unable to provide a breath sample due to a medical condition.
  4. Improper stopping of the vehicle: The police did not have reasonable grounds to stop the vehicle or the stop was conducted in an unreasonable manner.
  5. Improper arrest: The arrest was not carried out in accordance with the law.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Dangerous Operation

A dangerous operation of a motor vehicle charge in Canada refers to operating a motor vehicle in a manner that is dangerous to the public, regardless of whether the individual was under the influence of alcohol or drugs. This is a criminal offence under the Criminal Code of Canada.

The penalties for a dangerous operation of a motor vehicle charge in Canada can include:

  1. Fine
  2. Imprisonment
  3. License suspension
  4. Criminal record

The common defences to a dangerous operation of a motor vehicle charge in Canada include:

  1. No dangerous operation: The individual did not operate the motor vehicle in a dangerous manner.
  2. Necessity: The individual had to operate the motor vehicle in a dangerous manner due to an emergency situation.
  3. Improper stopping of the vehicle: The police did not have reasonable grounds to stop the vehicle or the stop was conducted in an unreasonable manner.
  4. Improper arrest: The arrest was not carried out in accordance with the law.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Flight from Police

A flight from police charge in Canada refers to an individual attempting to evade police by driving a motor vehicle away from a police officer who is trying to stop them. This is a criminal offence under the Criminal Code of Canada.

The penalties for a flight from police charge in Canada can include:

  1. Fine
  2. Imprisonment
  3. License suspension
  4. Criminal record

The common defences to a flight from police charge in Canada include:

  1. No flight from police: The individual did not attempt to evade police by driving away from a police officer.
  2. Necessity: The individual had to drive away from the police officer due to an emergency situation.
  3. Improper stopping of the vehicle: The police did not have reasonable grounds to stop the vehicle or the stop was conducted in an unreasonable manner.
  4. Improper arrest: The arrest was not carried out in accordance with the law.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Failure to Stop or Remain at the Scene of an Accident

A Failure to Stop or Remain at the Scene of an Accident charge under the Criminal Code of Canada refers to an individual leaving the scene of a motor vehicle accident without stopping and providing the required information. This is a criminal offence under the Criminal Code of Canada.

The penalties for a Failure to Stop or Remain at the Scene of an Accident charge in Canada can include:

  1. Fine
  2. Imprisonment
  3. License suspension
  4. Criminal record

The common defences to a Failure to Stop or Remain at the Scene of an Accident charge in Canada include:

  1. No knowledge of the accident: The individual did not know that they were involved in an accident.
  2. Necessity: The individual had to leave the scene of the accident due to an emergency situation.
  3. Improper arrest: The arrest was not carried out in accordance with the law.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Driving while Disqualified

A driving while disqualified charge under the Criminal Code of Canada refers to an individual operating a motor vehicle while their driver’s license is suspended or they are otherwise prohibited from driving by a court order. This is a criminal offense under the Criminal Code of Canada.

The penalties for a driving while disqualified charge in Canada can include:

  1. Fine
  2. Imprisonment
  3. License suspension
  4. Criminal record

The common defences to a driving while disqualified charge in Canada include:

  1. No knowledge of disqualification: The individual was not aware that their driver’s license was suspended or they were otherwise prohibited from driving.
  2. Mistaken identity: The individual was not the person driving the vehicle.
  3. Improper suspension of license: The suspension of the individual’s driver’s license was not carried out in accordance with the law.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

Financial Crimes

• Fraud

A Fraud over and under charge in the Criminal Code of Canada refers to the act of intentionally deceiving another person with the intention of taking their property or services. This can include financial fraud, identity theft, or fraud related to government benefits.

The penalties for a Fraud charge in Canada can include:

  1. Fine
  2. Imprisonment
  3. Criminal record

The common defences to a Fraud charge in Canada include:

  1. Lack of intent: The individual did not intend to commit fraud and the actions were
  2. Mistaken identity: The individual was not the person responsible for the fraudulent
  3. Duress: The individual was forced to participate in the fraudulent activity by another person.
  4. Insufficient evidence: The prosecution does not have enough evidence to prove the individual committed fraud.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Forgery

An utter forged document charge in Canada refers to the act of knowingly using or possessing a forged document with the intention of using it as genuine. This can include forging a passport, driver’s license, or any other official document.

The penalties for an utter forged document charge in Canada can include:

  1. Fine
  2. Imprisonment
  3. Criminal record

The common defences to an utter forged document charge in Canada include:

  1. Lack of knowledge: The individual did not know that the document was forged.
  2. Mistaken identity: The individual was not the person responsible for forging the document.
  3. Duress: The individual was forced to use the forged document by another person.
  4. Insufficient evidence: The prosecution does not have enough evidence to prove the individual used the forged document.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Counterfeiting

A counterfeit charge under the Criminal Code of Canada refers to the act of producing or using a false imitation of currency or coins with the intention of using it as genuine.

The common defences to a counterfeit charge in Canada include:

  1. Lack of knowledge: The individual did not know that the currency or coins were counterfeit.
  2. Mistaken identity: The individual was not the person responsible for producing or using the counterfeit currency or coins.
  3. Duress: The individual was forced to use the counterfeit currency or coins by another person.
  4. Insufficient evidence: The prosecution does not have enough evidence to prove the individual produced or used the counterfeit currency or coins.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.

• Money Laundering

A money laundering charge under the Criminal Code of Canada refers to the act of hiding or disguising the proceeds of illegal activities to make them appear legal. This can include activities such as transferring money from one bank to another, buying and selling assets, or using cash to purchase goods and services.

The common defences to a money laundering charge in Canada include:

  1. Lack of knowledge: The individual did not know that the money being transferred or used was the proceeds of illegal activities.
  2. Mistaken identity: The individual was not the person responsible for transferring or using the money.
  3. Duress: The individual was forced to transfer or use the money by another person.
  4. Insufficient evidence: The prosecution does not have enough evidence to prove that the individual was involved in money laundering activities.

It is important to note that each case is unique, and the defences available will depend on the circumstances of the individual case. It is recommended to consult a lawyer for legal advice.