Our library articles were carefully curated to provide helpful information for criminal defendants and first-time offenders after an arrest. Learn more about the charges against you in our free online library.
You might think you do not have a defence because you failed the breath test. That is simply not true. These are only machines and machines make mistakes. Also, a Judge may never get to know that you failed [...]
There are literally hundreds of ways to win an over 80 case. The most common ways to win an over 80 case are as follows: Reasonable Doubt First, we try to demonstrate that the Crown has not proven beyond a reasonable [...]
A Absolute Discharge An Absolute Discharge is a sentence made after an accused person has been found guilty, but is still allowed to walk away without any penalty. This does not really give the person a criminal record as [...]
Understanding your legal rights helps you to know what to expect if you’re arrested or detained, and can help ensure the best possible outcome in your case. Here are five of the most important tips to remember if you’re [...]
Unlike ‘dangerous driving’, ‘careless driving’ is not a criminal offence. However, careless driving is sometimes referred to as a quasi-criminal offence and is certainly considered a serious charge under Ontario’s Highway Traffic Act. A conviction for careless driving may result in significant [...]
A 23-year-old woman was driving her vehicle on Highway 401 in Toronto, returning from a trip to Montreal, when her car left the passing lane and travelled onto the shoulder, crashing into the rear of a parked car and [...]
Increasingly in the news is the fact that Canada’s Criminal Code contains numerous confusing and outdated laws, and many criminal law experts agree that it is outdated and requires a substantial overhaul. The Criminal Code was first enacted in 1892 and has had only one [...]
In a 2016 trial, the Ontario Court of Appeal quashed a man’s previous conviction for dangerous driving on the grounds that the accused man did not fully understand that his driver’s licence would be suspended indefinitely when he pleaded [...]
It is quite common for motor vehicle accidents involving serious injuries to result in both criminal charges and charges under the Highway Traffic Act, as well as a civil trial. And although there are several differences in criminal and civil [...]
The Canadian Charter of Rights and Freedoms, section 11(d) guarantees Canadians the right to be presumed innocent. Specifically, anyone detained or charged with an offence has the right “to be presumed innocent until proven guilty according to law in a [...]
No one can argue that the introduction of the internet for general public use in the early 1990s revolutionized communication throughout the world. As the internet gained popularity and use, new crimes involving computer networks also began to become [...]
Anyone in Canada who has been convicted of a criminal charge is entitled to appeal the court’s finding of guilt or appeal their sentencing or both. The prosecution may also appeal an acquittal or sentencing but the conditions for [...]
By choice, Canada is one of the most multi-cultural countries in the world. The Canadian Multiculturalism Act of 1988 is a statute that seeks to give everyone equal treatment and protection under the law, regardless of ethnicity, customs and other cultural [...]
In Canada, police can lawfully search you in a ‘pat down’ under certain circumstances, such as: if they have reasonable grounds connected to a specific criminal activity; are in the process of making an arrest (“search incident to arrest”) [...]
All Canadians have the right to protection against unreasonable search or seizure of their property right which is guaranteed under section 8 of the Canadian Charter of Rights and Freedoms. This means that we are protected by law, from having [...]
The goal of defence counsel right from the start of any criminal trial is for a client to make a favourable impression on a judge or jury right from the minute the judge or jury enters the courtroom. In [...]
Police forces across Ontario are collecting information on citizens that does not necessarily pertain to an actual criminal conviction. This information may have negative implications for individuals in the event of a background check, especially when seeking employment. An [...]
Being arrested and charged with a crime is not a pleasant experience. The criminal defence lawyers at Kruse Law Firm are here to guide you through this time of uncertainty with our experience and professionalism. In Ontario, there is a process you go [...]
White-collar crime in Canada is a very broad term that refers to non-violent corporate and occupational crimes fuelled by financial gain. Occupational crime consists of any fraudulent acts committed by employees against the company they are employed by. It usually [...]
In Canada, the federal government is the body which creates and executes all matters pertaining to criminal law. Each province is responsible for enforcing these laws, mainly through the RCMP (Royal Canadian Mounted Police), provincial police forces and local [...]
The Canadian criminal justice system has a complex and constantly evolving set of rules and regulations that attempt to keep order in society. When convicted of a crime in a court of law, there are many forms of punishment [...]
Many people believe that only a certain kind of person get accused of a crime or a certain type of person ever finds themselves on the wrong side of the law. This is absolutely untrue. It can happen to [...]
Under Canadian Criminal law, a person who is charged with a criminal offence is ”presumed to be innocent until proven guilty”. The “presumption of innocence” is an important part of the foundation of the Canadian judicial system. This is widely known [...]
Many people who are charged with criminal offences suffer from mental illnesses. In very extreme cases an accused who suffers from mental illness may have a defence to the crime they are charged with as their mental health issue [...]
A criminal record is a damaging piece of information that can scar your life, reputation and privacy. In today’s world where everything is but a click away, the repercussions of having a criminal record are devastating. Here we will [...]
We may not all understand the legal terms that are associated with criminal law or even know what all the laws are and how they affect us. It is advisable that we educate ourselves even if it’s with just [...]
Some people agree with the old adage that “knowledge of the law is half the battle” and in most legal situations, there is no doubt this is the case. Knowing the laws of Canada and abiding by them can [...]
A Toronto-area jury found Chun Qi Jiang guilty of second-degree murder in the killing of his ex-girlfriend, Guang Hua Liu, 41, and dismembering her to cover the crime. An investigation into Liu’s death was triggered when some of her [...]
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