Claims of innocent people denied bail in Canada is highly misleading. Here’s why…
Robichaud | Criminal Defense Ligitation
by Robichaud
2M ago
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
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Is there a Statute of Limitations on Sexual Assault Charges?
Robichaud | Criminal Defense Ligitation
by Jordan Gold
2M ago
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
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When Will a Criminal Case Be Thrown Out for Delay?
Robichaud | Criminal Defense Ligitation
by Jordan Gold
2M ago
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
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Is it lawful to wear a mask or disguise at a public protest in Canada?
Robichaud | Criminal Defense Ligitation
by Robichaud
3M ago
Is it a criminal offence or is it a right to wear a mask or disguise at a protest in Canada? Since the terrorist attack on Israel on October 7, 2023 led by Hamas (a “terrorist organization” as defined by the Government of Canada), we have witnesses wide-spread protests throughout Canada. While some of these protests may be peaceful and advocating for an ending of violence in the region, many have turned violent. where protestors menace businesses, cause vandalism expressed with the violence of hate crimes, and criminal acts of violence including death threats. Making matters worse, these inc ..read more
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Defending yourself against sexual assault charges in Canada
Robichaud | Criminal Defense Ligitation
by Robichaud
4M ago
Defending yourself against sexual assault charges in Canada Facing charges of sexual assault or sexual-related crimes in Canada is an extremely serious matter. While sexual offenses are among the most common criminal charges in the country, the way they are prosecuted and the special rules that apply can be challenging to understand. Defending sexual assault cases requires highly specialized legal expertise. Even experienced criminal defense lawyers often decline to take on such cases due to their complexity and the ever-changing legal landscape. To begin with, there are highly complex rules ..read more
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Hate-Motivated Mischief in Canada: Frequently Asked Questions
Robichaud | Criminal Defense Ligitation
by Jacob Roth
4M ago
Hate-Motivated Mischief in Canada: Frequently Asked Questions Recently, there has been an uptick in discussions about hate-motivated mischief in Canada. This article will answer frequently asked questions about this charge. What is mischief? Hate-motivated mischief is a type of mischief to property, an offence under section 430(1) of the Criminal Code of Canada. This provision of the Code prohibits: destroying or damaging property; rendering property dangerous, useless, inoperative, or ineffective; obstructing, interrupting, or interfering with the lawful use, enjoyment or operation of pr ..read more
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Accused of a crime and police want to talk to you? Things you must know before an interview.
Robichaud | Criminal Defense Ligitation
by Robichaud
4M ago
What you should know before being interviewed or  making a statement to police in Canada Our law firm gets many calls each year from people who have been charged with a crime. Most of these people didn’t get detailed legal advice before they agreed to give a statement to the police. This article aims to: a) Explain why you should get legal advice right away, before any police interview. b) Provide some information about what the police are legally allowed to do, which many people might not know. c) Help people understand the real reason behind police interviews. It’s crucial to unde ..read more
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Undertaking to a Peace Officer: What is it? How do I change conditions?
Robichaud | Criminal Defense Ligitation
by Robichaud
4M ago
Undertaking to a Peace Officer: Definition, Conditions, Obligations, Variations, and Penalties. Definition and Explanation of Undertakings: An ‘Undertaking to a Peace Officer,’ often just called an ‘undertaking,’ is a common way people charged with a criminal offence in Canada can be released. In simpler terms, an undertaking is a promise made to a peace officer, using a standard form known as Form 10. This promise includes important details like what offence the person is charged with, when they need to go to court, and other specific conditions set by the officer based on the situation. Bu ..read more
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Ineffective Assistance of Counsel in Canada: Appealing a Conviction Because Your Lawyer Messed Up
Robichaud | Criminal Defense Ligitation
by Jacob Roth
7M ago
Ineffective Assistance of Counsel in Canada: Appealing a Conviction Because Your Lawyer Messed Up If you believe you were convicted because your lawyer made mistakes, you may consider an appeal based on ineffective assistance of counsel. In this article, I will answer some frequently asked questions about challenging a guilty verdict on this basis. What are the criteria for ineffective assistance of counsel in Canada? To win an ineffective assistance of counsel appeal, you must prove two things: (a) your lawyer acted incompetently and (b) your lawyer’s incompetence resulted in a miscarriag ..read more
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Can I be charged with sexual assault in Canada based on one person’s word alone?
Robichaud | Criminal Defense Ligitation
by Jacob Roth
8M ago
Can I be charged with sexual assault in Canada based on one person’s word alone? Yes. One of the most common misconceptions I see in my practice is the idea that the word of an accuser (also known as a complainant or alleged victim) is not evidence of a sexual assault. Or, so the misconception goes, it is not enough evidence to warrant a prosecution. The truth is that many sexual assault prosecutions are based entirely on one person’s allegation. In these cases, there is no medical evidence, incriminating text messages, recordings of the alleged offence, statements from the accused person, o ..read more
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