By LegalMatters Staff • Family courts take children’s welfare seriously in any divorce. Section 16 (1) of the Divorce Act states “The court shall take into consideration only the best interests of the child of the marriage in making a parenting order or a contact order.” Courts also strive to ensure a child is properly […]
Defaulting on child support payments can cost you Read More »
By LegalMatters Staff • As a common expression notes, “Don’t do the crime if you can’t do the time.” Deciding on what sentence should be imposed for a criminal offence is something our courts deal with daily and circumstances in each case are always different. “There are many sentencing objectives a judge must balance,” says
A just criminal sentence makes the time fit the crime Read More »
By LegalMatters Staff • Two recent news stories have focused on sexual crimes against children. Earlier this year a former medical officer of health for both Alberta and British Columbia was found guilty of sexual assault of a child. According to court documents, an 11-year-old boy said the doctor showed him pornography and touched him
Media reports put the spotlight on sexual crimes against children Read More »
By LegalMatters Staff • People going through a separation or divorce may need someone to talk to, perhaps to vent their frustration with an ex-partner or discuss about how slow and complicated the process can be. The need to confide in others is understandable, but you should not talk about their divorce on social media,
Social media posts can backfire during a divorce Read More »
By LegalMatters Staff • If you are involved in a criminal case, don’t post information about it on social media. That is the advice of Ottawa criminal lawyer Céline Dostaler, who says she has seen cases where the accused’s tweets or emails are used against them in court because they verify the person was involved
What you share on social media can come back to haunt you Read More »
By LegalMatters Staff • Despite federal and provincial legislation that includes penalties for failing to make child support payments, many children do not receive the financial support they are owed. According to Statistics Canada, more than 49,000 child and spousal support cases, or 64 percent, started 2020/21 off in arrears, meaning there was money owing from
Enforcement program helps ensure child support is paid Read More »
By LegalMatters Staff • Deterrence is one of the primary objectives of sentencing. As the Criminal Code notes, “the fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society.” The Code lists six key factors
Deterrence has questionable value when it comes to sentencing Read More »
By LegalMatters Staff • Divorce can stressful enough without having to worry about conduct that can be construed by the court as acting in bad faith. “An acrimonious divorce with high levels of conflict has the potential to push people to do things that blur the line between defending their legal rights and acting in
Acting in bad faith during a divorce can be costly Read More »
By LegalMatters Staff • Canadians who fear for their safety when they are out in public might be considering carrying a concealed weapon. That would be the wrong decision to make, says Calgary criminal lawyer Vincent Semenuk. Semenuk warns that anyone found with a weapon – including a handgun, pepper spray, a knife or brass
Carrying a concealed weapon can land you in prison Read More »
By LegalMatters Staff • Going through a divorce is stressful. There are financial and legal issues to deal with, especially if there are children or a matrimonial home involved. There is also an emotional toll since divorce can be traumatic for everyone involved. There may be anger and resentment between the ex-partners as they come
Be careful when splitting with a spouse with mental health issues Read More »
