A year of criminal legal advice, from theft to child sex offences

Ottawa criminal lawyer Céline Dostaler covered a wide range of offences in her posts throughout 2021, describing not only what constitutes each crime but also the best defences and possible sentencing.

In January, she focused on white-collar crime including breach of trust.

• White-collar crimes cause ‘more financial harm’ than other offences
• White-collar breach of trust a betrayal of shareholders
• White-collar crime evidence usually consists of financial records
• Various defences possible for those accused of white-collar crime

In Dostaler’s first post in February, she gave advice to those facing a white-collar crime charge about what to do. She then shifted her focus to robbery, looking at what distinguishes a theft from a robbery, the increase of break-ins during the pandemic and what it means to be unlawfully in a dwelling house.

• White-collar crime suspects need to speak to their lawyer first
• When violence is part of theft it becomes a robbery
• Break-ins are on the rise during the COVID-19 pandemic
• Understanding the charge of being unlawfully in a dwelling-house

Punishment for robbery

In March, Dostaler continued her series on robbery, discussing defence strategies and punishment for those convicted. She then turned her focus to firearms, explaining that term encompasses a wide range of weapons, valid reasons for bringing them into Canada and how to get firearm-related charges dropped,

• Finding the best defence strategy for suspects charged with robbery
• Punishment for armed robbery is almost always jail time
• What is a firearm? It’s not always a simple question
• Those with valid reasons can bring firearms into Canada
• It’s often possible to get penalty reduced with firearms offences

In April, she discussed various defences for those facing firearm offences, the reasons why firearms can be seized, the circumstances of when people can get their firearms back from police and the rules governing storing and handling firearms.

• Seek legal advice if you are charged with firearm offences
• Getting firearms back from police depends on why they have them
• Police can seize your firearms for a number of reasons
• Know the rules about owning, handling and storing firearms

Advice on firearm offences

In May, Dostaler wrote about the various types of firearms offences found in the Criminal Code and the defences for those charged. She then started a series of posts examining the issue of drug crime, offering common defences for those charged and the penalties meted out for those who are convicted.

• Improper handling, storing or use of firearms can result in charges
• Charter your best defence when it comes to firearm charges
• How a lawyer can defend you against a drug charge
• Jail time could follow a conviction involving hard drugs

Illegal drugs remained her focus in June, with posts on the production, importation, possession, and trafficking of drugs, as well as another on the rules about cannabis in Canada.

• The penalty for operating a drug lab could be a life sentence
• Expectation of privacy’ reduced at border to allow for drug searches
• Crime of drug possession is not as simple as it sounds
• What you need to know about cannabis laws in Canada
• Trafficking hard drugs could put you in prison for life

Crimes against children

In July, Dostaler completed the drug series with a look at how to get charges dropped. She then turned her attention to crimes against children, with posts on sexual interference, child luring and online sexual exploitation.

• There are ways to get drug charges dropped in Canada
• What you need to know about the crime of sexual interference
• Cases of child luring surge during the COVID-19 pandemic
• Online child sexual exploitation is a ‘disturbing public safety issue’

In August, Dostaler continued to look at crimes against children, with posts on voyeurism, child luring and defences for those facing child pornography charges.

• You could end up in jail for violating someone’s privacy for sexual thrills
• Those charged with child luring have legal defences available
• Various ways to defend against a child pornography charge

Her attention turned to defences against both sexual interference and voyeurism charges in September. Dostaler then shifted to the crime of theft, including how it is defined and defences against the charge.

• ‘It didn’t happen’ could be a defence with sexual interference
• The right to privacy is key with a voyeurism charge
• The charge of theft is not as simple as it may sound
• Video footage may not always establish identity with theft charges

She wrapped up her series on theft in October, looking at how to get theft charges dropped. Dostaler then discussed the crime of possessing stolen property, including possible defences and how to get charges dropped.

• It is possible to have theft charges dropped by the court
• Possessing items that were obtained illegally is its own crime
• Wilful blindness no defence for possession of stolen property
• It’s possible to have possession of stolen property charges dropped

Self-representation and hiring a lawyer

In November, she launched a series that provided information for people who want to be self-represented in court. Topics included general advice, including how to build a defence and how to enter a guilty plea.

• Advice for people who want to be self-represented at trial
• Building a viable defence among the tasks of the self-represented
• How to enter a guilty plea when you are self-represented

In December, Dostaler started the series You and Your Lawyer, with a post on how to choose an attorney. Other ones include what makes the right lawyer, the relationship a client should have with their counsel and what is solicitor/client privilege.

• Look for someone you can trust when choosing a lawyer