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In Canada, there are four types of child pornography offences that relate to the distribution, possession, access and its making. The sentencing for even a small amount of child pornography is taking very seriously with the objective being to protect children. While sentencing for more serious child pornography, such as making sexually explicit material could mean […]

If you are facing criminal charges, it can be tempting to consider a plea bargain rather than risk the chance of a more severe sentence or penalties if you go to trial. But is a plea deal really in your best interest? In this post, we’ll look at what makes up a plea deal and

The Ontario provincial government’s vaccine rollout has been shaky at best. Critics blame the provincial government for the lack of a clear plan and thousands of vaccines going unaccounted for. The province criticizes the federal government for the lack of vaccines. The public is tired and frustrated with lockdowns and desperately wants the vaccine to

Can you be convicted on hearsay evidence? What is hearsay? Hearsay is a term that refers to statements made outside of the court that cannot be admitted into evidence because they cannot be proven. There is, however, a hearsay exception rule which would allow a court to out of court statements and admit evidence during

The global COVID-19 pandemic is affecting court proceedings across the globe. If you are currently involved in a criminal case, you may have questions about how the pandemic will affect court proceedings and potential sentencing. In this post, we’ll discuss the most recent court recommendations and talk through your options for a trial during COVID-19.

When a judge in Ontario is considering a criminal sentence, they must consider mandatory sentencing restrictions. However, some factors can influence their decisions, such as aggravating and mitigating factors that can reduce or increase the sentence. This post will define these key phrases and examine what factors a judge will consider in criminal sentencing. Mitigating

The terms sexual assault, sexual abuse and sexual harassment are often used interchangeably when referring to any type of sexual violence or sexual misconduct. From a legal standpoint, they are all very different. Not all terms are defined by the Criminal Code of Canada. In this post, we’ll examine the legal definition of what constitutes sexual abuse, sexual harassment and sexual assault and

The Probative vs Prejudicial nature of any piece of evidence is an issue that arises in almost every criminal trial in Ontario. For a trier-of-fact (either a Judge or members of a Jury) to consider any piece of evidence it must be material and relevant or it is inadmissible. Evidence allows for facts to be

Ontario criminal trials are back in session. The Ontario Court of Justice resumed criminal case management matters as of November 30th. Due to COVID-19, cases were adjourned from March 16th to August 7th, and then again from August 24th to November 27th. All accused persons must attend any scheduled appearances dated on or after November