Criminal Law

Deal or no deal, Canada should let Meng Wanzhou go

By Paul Russell, LegalMatters Staff • Reports that the U.S. Justice Department has reached out to Meng Wanzhou’s lawyers about a deal to allow the Chinese telecom executive to return to China illustrate how badly the Canadian government has bungled this file, says B.C. criminal lawyer Gary Botting. “Her arrest two years ago at the […]

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A criminal breach of trust ‘offends our common values’

If someone abuses a position of authority for their own benefit and against the interests of the person to whom they owe the duty of trust, they could be charged with criminal breach of trust. A judgment from the Court of Québec sums up why the courts take this charge so seriously, with the judge

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Restitution a good first step for those charged with fraud

Fraud charges are laid when a person is suspected of using deceit, falsehood or other dishonest means to deprive someone, a company or the public of money. Depending on the monetary value of the crime, an accused may be charged with fraud under $5,000 or fraud over $5,000. If you find yourself in that situation,

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Many factors at play when deciding on a penalty for fraud

There are many factors the court weighs when determining the penalty for fraud, the primary one being the amount of money involved. If someone is charged with fraud under $5,000, the Crown has two choices. They can proceed by indictment and seek the maximum penalty of two years in federal prison followed by three years

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Intimate partner violence, by any name, is taken very seriously

Intimate partner violence (IPV) ranges from emotional abuse, such as name-calling, to repeated physical or sexual assaults and homicide. According to information from Statistics Canada, IPV is recognized as a public health issue that can have far-reaching consequences on not only the victim but also on families, communities and society at large. Women, young people

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Domestic assault trials can go ahead, even if the victim recants

Once a police investigation has begun after an allegation of domestic assault – whether an actual assault, mischief to property or a threat – the complainant’s wishes carry little weight, as officers are required to lay charges if they find evidence that a domestic assault has taken place. I’ve had many cases where in the

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Evidence in domestic assaults includes photos, medical records

When someone calls the police and claims they were a victim of domestic assault, officers will probably take away the suspect in handcuffs and then start collecting evidence. If you find yourself in that situation, don’t give a statement to the police but instead call an attorney who can help you present the best defence

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Speak to legal counsel first if accused of domestic assault

There are many reasons why a partner or spouse might make a false accusation of domestic assault. It possibly could be a power play or as leverage in a divorce, especially if the division of assets and the custody of children are in dispute. Police do not take domestic assault allegations lightly so once a

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There are ways to avoid a record if charged with domestic assault

When a client is charged with committing a domestic assault, one of the initial questions they ask their lawyer is, “How do I have the charges dropped?” If a person has a strong case and clear evidence indicating that the complainant is lying about what occurred, the best option may be to go to court

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Best defence for domestic assault: prove it did not happen

When someone is charged with domestic assault the best defence is proving that the assault did not happen. People have various reasons to make false accusations, or to exaggerate the severity of an incident that was already highly emotional and confusing. When that happens, you need an experienced defence lawyer to present your case in

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