Section 2 of the Criminal Code defines a firearm as a “barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for […]
What is a firearm? It’s not always a simple question Read More »
When prosecuting a charge of robbery the Crown often seeks a sentence that includes a jail sentence. That’s because the use of force, or at least the implied threat of violence, is part of the crime. If a gun was involved, incarceration is almost a certainty. To read more, click here. Finding the best defence strategy
Punishment for armed robbery is almost always jail time Read More »
Those charged with robbery may feel their world has been turned upside down. If a weapon was involved in the alleged incident, the penalty upon conviction could include time behind bars. There is also a social cost, with friends, family and business associates questioning if they can still trust you. An experienced defence lawyer can advise
Finding the best defence strategy for suspects charged with robbery Read More »
If someone is in any sort of residence and they are uninvited, they could be charged with being unlawfully in a dwelling-house. It is assumed they have criminal intentions, such as theft, or perhaps to provoke an unwanted encounter with the home’s residents. To secure a conviction, the Crown must prove the accused had no
Understanding the charge of being unlawfully in a dwelling-house Read More »
Break and enter is one of the most common property offences in Canada. It occurs when someone enters a residence, business or other property without permission and commits or intends to commit a crime, typically theft. The charge can be laid even if there is no forced entry, such as the case of someone entering
Break-ins are on the rise during the COVID-19 pandemic Read More »
There are two essential elements of robbery: the theft or extortion of property and the utilization of a weapon (or even just the implied threat of violence). The justice system treats this crime seriously. It was once even punishable by death, according to the Canadian Encyclopedia. Life imprisonment is the current maximum penalty if a
When violence is part of theft it becomes a robbery Read More »
When people are told they are been investigated about their possible role in an alleged criminal activity, their immediate impulse may be to give their side of the story, thinking that will exonerate them. That is not a wise strategy. Their words may still implicate them. If you are being investigated for your involvement in
White-collar crime suspects need to speak to their lawyer first Read More »
When I have a client who is facing charges such as fraud, embezzlement or others considered a white-collar crime, the first thing I do is sit down with them and review all the evidence the police must release through disclosure, as well as any documents they have that support their side in the case. This
Various defences possible for those accused of white-collar crime Read More »
Proving that an individual or a firm committed a white-collar crime such actions as tax evasion, fraud and money laundering is difficult in many cases, as much of the evidence will be in form of detailed paper and electronic records. As defence counsel for those charged with these crimes, part of my work involves carefully
White-collar crime evidence usually consists of financial records Read More »
If you are a high-ranking official within a company or organization and improperly use its money or your influence for your personal benefit, you could be charged with criminal breach of trust. According to the s. 336 of the Criminal Code, breach of trust occurs when “a trustee of anything for the use or benefit, whether
White-collar breach of trust a betrayal of shareholders Read More »
