By LegalMatters Staff • If a police officer wants to question you about your involvement in an alleged crime, they must inform you that you are not required to say anything. They must also tell you anything you do say may be used as evidence against you. That is reinforced by s.11 (c) of the […]
Criminal suspects have a fundamental right to remain silent Read More »
By LegalMatters Staff • The parenting plan you and your ex reach after a divorce or separation will set out your rights and responsibilities. But a complicating factor can be your job, since meeting the obligations of your workplace may interfere with the time you spend at home. It is often difficult to strike the
After a divorce, it can be difficult to balance work and parenting Read More »
By LegalMatters Staff • A bill has been sent to the Senate Committee on Legal and Constitutional Affairs that would repeal s.43 of the Criminal Code, which allows the spanking of children. That section reads: “Every school teacher, parent or person standing in the place of a parent is justified in using force by way
Another attempt to ban spanking winds its way through Parliament Read More »
By LegalMatters Staff • When a marriage breaks down and the parents cannot reach an agreement on parenting arrangements, the dispute will be settled either through mediation or by a family court judge. Under the law, all parents have moral and legal obligations relating to their children. Unless the court or the parents have decided
Parenting arrangements must put the best interests of the child first Read More »
By LegalMatters Staff • A fundamental principle of the Canadian justice system is that someone can only be found guilty of a crime if the Crown prosecutor has proven the elements of the offence beyond a reasonable doubt. If not, the accused must be acquitted. Yet wrongful convictions do happen, as David Milgaard’s family knows.
Future injustices may be prevented by wrongful conviction registry Read More »
By LegalMatters Staff • If you are charged with a criminal offence you have an important decision to make – how to respond to the charge. That decision will set the course for the rest of the legal process. Because of the many variables involved and the complexity of the Canadian legal system, it is
Choosing whether to plead guilty or go to trial is a big decision Read More »
By LegalMatters Staff • Canada’s no-fault divorce system allows you to receive a divorce if you can prove your spouse has been physically or mentally cruel to you. Cruelty and abuse can stem from addiction. Alcoholism is the most common dependence but people can also be addicted to cannabis, hard drugs or prescription drugs such
Proving abuse or addiction in a marriage ‘not a simple process’ Read More »
By LegalMatters Staff • There was widespread outrage in June when the public learned that schoolgirl-killer Paul Bernardo had been transferred to a medium-security prison in Quebec. The reasons behind that decision have not been made public, and the move is being reviewed by Corrections Canada. Bernardo was given a life sentence with no parole
All inmates deserve a ‘ray of hope,’ even Paul Bernardo: Dostaler Read More »
By LegalMatters Staff • Most people have little experience with the criminal trial process. If you or a family member are facing charges, you may be unsure of what lies ahead. Don’t expect it to unfold as it does on television. Most legal dramas are American-based, with the entire process wrapped up in an hour.
Fingerprinting is one stage of a Canadian criminal trial Read More »
By LegalMatters Staff • Some high-profile incidents where people released on bail were accused of committing crimes have prompted the federal government to propose reforms to the country’s bail system. Those events include the fatal shooting of an OPP constable who was investigating a car in a ditch late last year. The driver was out
Bail reform proposals may be unfair to the accused Read More »
