Defending Cyber Security and Computer Hacking Charges in Canada Cybercrime in Canada is rapidly evolving, driven by the rise in digital technologies and the increasing sophistication of cyber tools and methods. Canada's anti-hacking legal framework primarily relies on the Criminal Code of Canada, which addresses various cybercrimes, including hacking, malware, and phishing. These ..read more

R. v. Hodgson (2024 SCC 25): Chokeholds, Self-Defence, and Appeals of Acquittals The Supreme Court of Canada's recent decision in R. v. Hodgson (2024 SCC 25) provides valuable clarification on common issues in Canadian law. Most notably, prosecutors' common claims that chokeholds are inherently dangerous are no longer accepted at face value. The use ..read more

Courthouse Profile: Newmarket Criminal Court At Robichaud's, our criminal defence lawyers are dedicated to serving clients throughout Ontario. In our "Courthouse Profile" series, we provide valuable insights into the inner workings, procedures, and essential contact information for various courthouses. This profile focuses on the Newmarket Criminal Courthouse, located at 50 Eagle St. W ..read more

Publishing an Intimate Image without Consent: s. 162.1 of the Criminal Code of Canada When a person is charged with publishing an intimate image without consent under section 162.1 of the Criminal Code, several common questions arise. We try to answer those frequently asked here: What is defined as an "intimate image ..read more

R. v. Hodgson (2024 SCC 25): Chokeholds, Self-Defence, and Appeals of Acquittals The Supreme Court of Canada’s recent decision in R. v. Hodgson (2024 SCC 25) provides valuable clarification on common issues in Canadian law. Most notably, prosecutors’ common claims that chokeholds are inherently dangerous are no longer accepted at face value. The use of chokeholds must be evaluated on a case-by-case basis, as there is “no legal rule as to the general dangerousness of chokeholds.” The Supreme Court also reminded appellate courts that overturning an acquittal is not done lightly and only i ..read more

Courthouse Profile: Newmarket Criminal Court At Robichaud’s, our criminal defence lawyers are dedicated to serving clients throughout Ontario. In our “Courthouse Profile” series, we provide valuable insights into the inner workings, procedures, and essential contact information for various courthouses. This profile focuses on the Newmarket Criminal Courthouse, located at 50 Eagle St. W., Newmarket, Ontario. At Robichaud’s, our criminal defence lawyers are dedicated to serving clients throughout Ontario. In our “Courthouse Profile” series, we provide valuable insights into the inner working ..read more

The Law on Bail Has Failed Canadians: A Proposal for 469 Recalibration It seems a week doesn’t pass in Canada without a tragic and shocking media release of a violent crime where that person was out on bail, or multiple bails, at the time of the offence. On May 2, 2024 yet another tragic report of a similar pattern. This time, taking the lives of an infant, two grandparents, and seriously injuring the parents. The Toronto Sun reports:  Court records show Singh – born July 7, 2002 – was facing three theft under $5,000 charges – for allegedly stealing merchandise from a Home depot i ..read more

Legal innocence is not factual innocence: dispelling myths on pre-trial detention in Ontario On January 31, 2024, CTV News reported, “More than 80% of inmates in Ontario jails last year were legally innocent, awaiting trial.” CTV reported: The data, obtained by a Freedom of Information request, shows that of the average 9,000 people in custody in Ontario on any given day last year, 82 per cent were in pre-trial detention, while 15 per cent had been sentenced. Shocking, right? Actually no. Let’s delve deeper and critically examine what this actually means. Introduction: Setting the Record ..read more

Is there a Statute of Limitations on Sexual Assault Charges such as those pending against Members of the 2018 Canadian World Junior Team? Multiple media outlets reported this week that five former members of the 2018 Canadian World Junior team are going to be arrested for sexual assault.  The impending criminal charges appear to relate to an alleged sexual assault that took place in London, Ontario in June 2018. There is now reporting as well that members of the 2002-2003 Canadian World Junior Team are being investigated by Halifax Police with respect to sexual assault allegations from ..read more

When Will a Criminal Case Get Thrown Out for Delay? Section 11(b) of the Canadian Charter of Rights and Freedoms guarantees the right to a criminal trial within a reasonable time.  But when will a criminal case get thrown out for delay? If the delay in completing the trial is judged to be “unreasonable”, the court must stay the charges.  This would effectively end the criminal prosecution.  So when will delay be considered “unreasonable”?  The Supreme Court of Canada in R. v. Jordan, 2016 SCC 27, established presumptive time limits for the completion of criminal trials.&nb ..read more