What are mandatory minimum sentences? For some offences, the government body that creates them may decide that they should have minimum penalties. For example, Parliament has specified this in the Criminal Code for certain offences. What this means is that if a person is found guilty or pleads guilty to the offence in question, the… More The post Mandatory Minimum Sentences appeared first on DDSG Criminal Law ..read more

A Conditional Sentence Order (“CSO”) is a jail sentence that a Justice allows to be served in the community. It is commonly known as house arrest. If you are sentenced to a CSO, you will be required to follow several strict conditions. If you breach any condition, you are at risk of being sent to actual jail for the remainder of your sentence. What Happens Upon Arrest? An allegation of a CSO breach is governed by section 742.6 of the Criminal Code. A breach is not a separate criminal offence; however, if the alleged breach is that you committed an offence while serving your CSO, you may b ..read more

Who We Are DDGJ is a prominent Criminal Defence Law Firm Located in Edmonton Alberta. Our lawyers have unparalleled experience, over 130 years of combined practice, appearing in all levels of courts throughout Western Canada, Northern Canada, and the Supreme Court of Canada. Outside of the office our lawyers are actively involved in the community sitting on various Boards of Directors, volunteering with charitable organizations, assisting the low-income community, providing mentorship to junior members of the legal community, presenting at seminars, and teaching as sessional instructors at the ..read more

The SafeRoads review process starts and finishes within approximately 30 days of the initial licence suspension of a driver (“the Recipient”), but a lot can happen in those 30 days. The 30 days can be broken down into three separate pieces: The first 7 days The 14 days after that The remaining days The lawyers and articling students at DDSG Criminal Law have a wealth of experience at all stages of the Review process. It is important to get in touch with the lawyers at DDSG Criminal Law as soon as possible for advice. A Recipient only has those first 7 days to ensure their right to review the ..read more

When facing the prospect of a sexual assault charge in Alberta, it’s important to be aware of what sentences defendants tend to receive.   A conviction after trial carries consequences which could include incarceration, fines and registering as a sex offender. With this in mind, those facing charges must understand how sentencing works and what variables contribute to a sentence received.   In this article we will examine how court decisions are made when it comes to sexual assault sentencing in Alberta. Sentencing for Sexual Assault in Alberta Sentencing for sexual assault in Albert ..read more

In Alberta, any non-consensual sexual activity between two individuals is considered sexual assault. This article provides crucial information about the different types of sexual assault that are classified in Alberta, legal definitions and penalties, and resources available to victims. Legal Definitions and Penalties The penalties for sexual assault in Alberta can vary depending on the severity of the offense. Sexual assault can be classified as either a summary conviction offense or an indictable offense, depending on the circumstances.   Summary conviction offenses are less serious and ..read more

Individuals under 18 years of age – in other words, young people, young persons, youths, minors, etc. – involved in the criminal justice system in Canada are subject to a different criminal court process than adults. Their case will primarily be governed by the Youth Criminal Justice Act, which works in combination with other pieces of legislation that create criminal offences, such as the Criminal Code or Controlled Drugs and Substances and Act. In Canada, the Youth Criminal Justice Act (YCJA) governs the criminal justice system as it applies to young people. It is designed to balance the rig ..read more

The Supreme Court of Canada recently ruled on the constitutionality of certain provisions in the Criminal Code that create SOIRA obligations. This blog post briefly discusses that case and its effect on people who are currently subject to one of those orders. What is SOIRA? SOIRA refers to the Sex Offender Information Registration Act. It creates a national registry for people sentenced for most types of sexual offences, as long as their sentence creates obligations related to that registry. It is a tool meant to help police investigate sexual offences – in other words, in Canada, it is not a ..read more

Important: The information here is to provide a very basic overview of what Immediate Roadside Sanctions are, focused on the IRS: fail type. If there is any inconsistency between the information here and what you see on your paperwork or what is referred to on any Alberta government website or SafeRoads Alberta website, please contact legal counsel who can advise you directly. If you do not contact counsel, you should rely upon whatever is stated on your paperwork or Alberta government or SafeRoads Alberta information. This information is also not a substitute for advice from an actual lawyer ..read more

In Canadian criminal law, there is no universal statute of limitations, as people usually imagine it. That is, there is no specific piece of legislation preventing the police from charging someone with all offences after a specified amount of time has passed. In general, someone can be charged years after the alleged crime took place. However, there are exceptions. Section 786(2) of the Criminal Code creates a limitation period that currently limits the initiation of a summary conviction prosecution if more than 12 months have elapsed since the date of the alleged offence. A variety of summary ..read more