Criminal Law

Canadians have a right to engage in self-defence, within reason

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By LegalMatters Staff • Canadians who are unsure about their rights when it comes to self-defence can look to s.34 of the Criminal Code. It states you are allowed to take action to defend yourself if force is being used against you or another person and your response is “reasonable in the circumstances.”  “Those last […]

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Police body cameras are a step toward accountability

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By LegalMatters Staff • All Alberta police officers on patrol will soon be equipped with body-worn cameras (BWCs) in an effort to keep them accountable and provide video evidence of interactions with the accused during the arrest. The Calgary Police Service has mandated their use since 2019. In addition, police vehicles are equipped with dashboard and

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Media reports on surging crime rates don’t tell the full story

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By LegalMatters Staff • Violent crime has reached its highest point since 2007 according to media reports, but do the numbers tell the full story? Ottawa criminal lawyer Celine Dostaler urges caution, noting there are multiple factors that must be considered. “One of the prime reasons for a surge in crime is the end of

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Theft by employees: a crime that is challenging to detect and on the rise

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By LegalMatters Staff • Employee theft is difficult to detect since it can take many forms. Those include stealing items without paying for them; pocketing cash, gift cards, coupons or promotional items; taking and returning items for cash refunds; or inaccurately recording financial statements. “Unlike shoplifting, where the accused is caught and charged while leaving

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Criminal suspects have a fundamental right to remain silent

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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

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Another attempt to ban spanking winds its way through Parliament

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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

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Future injustices may be prevented by wrongful conviction registry

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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.

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Choosing whether to plead guilty or go to trial is a big decision

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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

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All inmates deserve a ‘ray of hope,’ even Paul Bernardo: Dostaler

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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

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Fingerprinting is one stage of a Canadian criminal trial

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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.

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