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DeMelo Heathcote — Criminal Defence and Appeals
Know Where You Stand

Resources

Plain-language explainers on the parts of the justice system that matter most to you and your family — written by our team.

86 articles

2022

Duncan Credit

When an accused person is denied bail and they have to wait in custody until their matter is dealt with, this is often called …

2 min

Pre-sentence custody and enhanced credit

Pre-sentence custody refers to the period of time an individual spends in jail awaiting the completion of their matters. While some people facing criminal …

2 min

The Case for Decarceration

The latest statistics available tell us over 7,400 people were being held in custody in Ontario on average per day. Conditions in jails, including …

2 min

Complainant’s Retainer

Most people who think “criminal defence lawyer” think of the lawyer representing the accused. However, we know that complainants (the person who made the …

1 min

Record Suspensions

Record suspensions, sometimes referred to as pardons, remove eligible Canadians’ criminal records from the Canadian Police Information Centre (CPIC) database. The purpose of getting …

2 min

2021

Racial Bias in Juries

A previous blog post discussed anti-Black racism and its impact on the criminal justice system (CJS). Juries play an important role in the CJS, …

3 min

Judge-Led Intensive Case Management Certificates (JICMC)

Recently, Ontario announced the Judge-Led Intensive Case Management Certificates (JICMC) program, which will give limited-scope legal-aid certificates to unrepresented accused. These certificates cover resolution …

2 min

Anti-Black Racism and the Canadian Criminal Justice System

Black people in Canada are overrepresented in the Canadian Criminal Justice System (CJS). According to a 2017 report by the John Howard Society, Black …

3 min

National Truth and Reconciliation Day and the Overrepresentation of Indigenous People in the Canadian Criminal Justice System

September 30th 2021 marked the first annual National Truth and Reconciliation Day in Canada. Courts, amongst other businesses and services were closed, to give …

3 min

Can the Police Track your Cell Phone in a Criminal Investigation?

The short answer: it depends. Police may sometimes wish to locate a person in a criminal investigation by tracking or “pinging” their cell phone. …

2 min

Youth Justice Centre: One Year In

According to a report by the Ministry of the Attorney General, Criminal Law Division, young people aged 18-25 account for close to a third …

1 min

What you Need to Know about Protesting

The right to protest and conduct picket activity is guaranteed under sections 2(b) and 2(c) of the Canadian Charter of Rights and Freedoms. These …

2 min

Crown Appeals

Trial judges and juries do not always come to a decision that is considered to be “just” the first time around. Therefore, the accused …

2 min

STUNT DRIVING: 40 km/h over the speed limit now counts in certain zones

Earlier this month, Ontario’s law changed in regard to the rate of speed one can drive in certain zones before it will be considered …

2 min

Mental Health and the Trial Process: Fitness to Stand Trial

What happens when an accused’s mental health is so poor that they cannot instruct their lawyer or participate meaningfully in their trial? This article …

2 min

Can a Youth Receive an Adult Sentence?

In short, the answer is yes. Currently in Canada, the burden is placed on the Crown to make an application for the young person …

2 min

Do the courts take the impact of residential schools into consideration?

In memory of the 215 Indigenous children that were discovered at a BC residential school in recent weeks, this post will discuss the issue …

3 min

Speeding for just a few seconds can still make out the offence of dangerous driving

In order to be convicted of a crime, it typically must be proven that the person both committed the act (the actus reus, meaning …

2 min

Criminal records and outstanding charges of Crown witnesses must be shared with defence counsel

The Crown Attorney must disclose all relevant evidence to defence counsel. This has been the case since 1991, after a famous case called R …

4 min

The Law around COVID-19: Clearing up the Rumours

People should beware of undermining measures imposed to control COVID-19. Misinformation has been circulating, suggesting that the government is misrepresenting the authority that police …

3 min

2020

Being intoxicated or Impaired may play into your defence

In criminal law, a key assessment is whether there are any legal defences available for the type of offence charged. For example, the offence …

3 min

Trying to avoid racist Jurists

The idea behind jury trials is that of being judged by a panel of one’s peers. That said, jurors must remain objective throughout the …

4 min

Conduct after committing an offence may be used to prove the offence

In the case of R v Gough, there was no doubt that Mr. Gough unlawfully killed his ex-girlfriend. The question was whether it was …

5 min

Update on Bail: the Crown has to Prove that You Meant to Breach Your Bail Terms

Many clients struggle with the fact that, at a bail hearing, a court can and will order restrictions on their liberty before they have …

4 min

Can you commit sexual assault if you promise to use protection, but don’t?

The law of sexual assault and consent continues to evolve. In a recent case, R v Kirkpatrick, from the British Columbia Court of Appeal, …

4 min

Misconceptions about bail in COVID-19 times

Some people have complained on social media that COVID-19 is being used as a get-out-of-jail-free card by criminals who deserve to be behind bars. …

4 min

Supreme Court of Canada refuses to create a distinct definition of “trial within a reasonable time” for youths

BACKGROUND Everyone is constitutionally entitled to a trial within a “reasonable amount of time,” thanks to section 11(b) of the Canadian Charter of Rights …

3 min

Imagine Being Stuck in Jail, with No Ability to Call Home

Imagine being in one of the scariest places known to our modern society, and not being able to even call and tell your parents/spouse/friend/loved …

1 min

Sexual Assault Laws and Text/Online Communications

When it comes to sexual assault law, rules were created for good reasons regulating when and how a complainant’s sexual history could be discussed …

3 min

2019

Why a Trial Is Not a Search for the “Truth”

The purpose of a criminal trial is often misunderstood. The misunderstanding is thanks in no small part to the way criminal trials are portrayed …

3 min

Yes, Immediately means Immediately: the right to speak to counsel

In the recent decision of R. v Noel, 2019 ONCA 860, the Court of Appeal reaffirms the right to immediately speak to counsel upon …

5 min

Do you get the lowest possible sentence ever available if you commit a crime?

Section 11(i) of the Charter of Human Rights and Freedoms grants a guilty person the right to the benefit of the lesser punishment if …

2 min

Can the police arrest you to protect you, or to stop potential breaches of the peace?

On October 4, 2019, the Supreme Court of Canada issued its decision in the case R v Fleming 2019 SCC 45. The issue before …

2 min

Is someone found to be not criminally responsible because of a mental disorder still a “sexual offender”?

Is it constitutional to maintain registration of an individual found not criminally responsible by reason of mental disorder (“NCRMD”) on the sex offender registry, …

4 min

2018

The Ontario Police Record Checks Reform Act

The Police Record Checks Reform Act was passed in December 2015. On November 1, 2018, almost three years later, the Act will finally come …

1 min

Bill C-75: Proposed Changes to Preliminary Hearings in Canada

The purpose of a preliminary hearing is to determine whether there is some evidence on which a properly instructed jury could convict at trial. They are …

3 min

Distracted Driving – automatic suspensions come into effect

As discussed in our previous blog, Ontario increased fines and penalties associated with distracted driving in 2015. It is against the law to use …

1 min

Privacy rights and text messages

On December 8, 2017, the Supreme Court of Canada found that text messages that have been sent and received can, in some cases, attract …

2 min

Criminal Sentencing – a brief overview

Once an accused person has been convicted of an offence, the courts must decide what sentence to impose. In selecting an appropriate sentence, courts …

2 min

All About Bill C-45: The Cannabis Act

Bill C-45, also known as the Cannabis Act, is a piece of government legislation that would legalize access to cannabis in Canada. The bill …

3 min

Unusual delay in regulating police record checks

The president of the Criminal Lawyers’ Association, Michael Lacy, is calling on the government of Ontario to make good on its promise on changing …

2 min

R. v. Tunney – Reinforcing Antic and the ladder principle of bail

The recent case of R. v. Tunney sent an important message about the Court’s overreliance on sureties in our bail system. A surety is …

2 min

Solitary Confinement Struck Down

Solitary confinement is a form of imprisonment in which an inmate is isolated from the general population. During this time, they are kept in …

3 min

Pre-sentence custody and enhanced credit

Pre-sentence custody refers to the period of time an individual spends in jail awaiting the completion of their matters. While some people facing criminal …

2 min

Why is there a warrant out for my arrest?

If there has been a warrant issued for your arrest, it is because the police believe that you have committed an offence. This could …

2 min

2017

Bill C-51: Proposed Changes to Sexual Assault Law in Canada

Sexual assault provisions in the Criminal Code have often been considered convoluted and, at times, difficult to comprehend. Bill C-51, introduced in June 2017, …

1 min

What happens following an arrest?

Once arrested, a person may be charged with an offence. If the police determine that they do not have probable grounds to support a …

2 min

Can I refuse to comply with a roadside breath test?

In short — no. The police have the right to request a roadside breath test and a breathalyzer test only if they have reasonable …

1 min

I have domestic charges. Can I go back home or have contact with my partner?

If you’ve been accused of a criminal offence in relation to your current or former romantic partner, this is labelled a domestic allegation. Domestic …

1 min

What is an intermittent sentence?

If someone is convicted of an offence and will be sentenced to a period of incarceration, it is available for the Judge to consider …

1 min

How does R. v. Antic affect my chances of getting bail?

In June 2017, the Supreme Court of Canada released their decision in the case of R. v. Antic. Antic appealed the Criminal Code’s restrictions …

1 min

What is the Youth Therapeutic Court?

The Youth Therapeutic Court is a specialty court available in London for youth under the age of 18 years old who have been charged …

1 min

Delays Getting to Trial – What does R. v. Jordan mean for me?

If you’ve been attending at the criminal courts recently, you’ve likely heard several mentions of “Jordan.” The case of R. v. Jordan is a …

1 min

What does it mean to be a surety for someone?

If someone has been arrested, the Crown and/or the Court may require that they have a suitable surety in order to be released. A …

1 min

Is a bail hearing my last chance to be released?

If the Crown is not consenting to your release, then you require a bail hearing (also known as a “show cause” hearing) in order …

1 min

How do I have my record expunged?

The process to have your record expunged in Canada is known as a record suspension. It is often referred to as a pardon. A …

1 min

What will happen at my first court date?

If you are charged with an offence, you will be given a first appearance date by the police. This is your first court date. …

1 min

2016

Can I truly remain silent in the face of criminal charges?

If you are arrested by police, the only information you are required to provide them with is your name, date of birth, and address. …

1 min

Do I Have to Stop for Police R.I.D.E. Programs?

Yes, all drivers are required to stop for R.I.D.E. programs. Under Canadian law, the police are allowed to stop drivers at random to check …

1 min

What is the Extra Judicial Sanctions (EJS) Program?

The Youth Criminal Justice Act encourages the use of extrajudicial measures in all cases where they are adequate to hold a young person accountable. …

1 min

What Are My Rights to Counsel and How Can I Use Them?

Earlier in our blog posts, we discussed your Charter protected right to remain silent upon arrest. You are also entitled to rights to counsel …

1 min

What is a “Probation” Order?

If you have committed a crime, you may receive a probation order as part of your sentence. This is an order from the Court …

1 min

Can Police Search my Cell Phone?

Police have the power to conduct a search “incident to arrest”. This is an exception to your Charter protected right to be free from …

2 min

What Does it Mean to be a Surety?

If a family member or friend has been charged with a crime, they may ask you to be their “surety”. A surety is someone …

1 min

Will My Charges Impact Future Employment or Volunteer Opportunities?

In addition to the potential for a criminal record, criminal charges may appear on other types of police records. For example, some employers and …

1 min

Should I Hire a Criminal Defence Lawyer?

Being charged, especially as a first-time offender, can be intimidating. The criminal justice system is complex and involves a lot of “legalese”, or terminology …

1 min

Early Intervention Program for Domestic Charges

Charges become “domestic” when they are laid in the context of a romantic relationship. Generally, any type of romantic history between the parties classifies …

1 min

Fines Under the Provincial Offences Act

Many drivers have received a ticket under the Ontario Provincial Offences Act for speeding or failing to stop at a stop sign. A lot …

1 min

How Do I Change My Bail Conditions?

If you have been arrested and charged with a crime, you may have been put under certain conditions, known as “bail conditions”. For example, …

1 min

What is the London Drug Treatment Court?

The London Drug Treatment Court (DTC) is a specialized court in London, Ontario that provides a rehabilitative program for offenders struggling with substance abuse. …

1 min

Search and Seizure – When can the police conduct a search?

It is your Charter-protected right to be secure against unreasonable search or seizure. However, there are some instances where police can search your person, …

1 min

Youth Offenders and the Youth Criminal Justice Act

The Youth Criminal Justice Act (or the YCJA) applies to youth that are aged 12 to 17 who have been charged with criminal offences. …

1 min

Crosswalks vs. Crossovers: When am I required to wait for Pedestrians?

On January 1, 2016, the Ontario government enacted new safety laws protecting pedestrians at designated pedestrian crossovers. This new law is part of the …

1 min

What is the ‘Gladue Court’?

The Gladue Court is a specialized court in London, Ontario for offenders with an Aboriginal background. If you are accepted into Gladue Court, you …

1 min

2015

Ontario’s Distracted Driving Laws

In September 2015 the province of Ontario increased fines and penalties associated with distracted driving. In Ontario, it is against the law to use …

1 min

What are My Obligations to Report an Accident?

If you are involved in a car accident, the situation can be very stressful. Some of the stress relates to determining whether to report …

1 min

What is a Peace Bond?

There are two ways a person can be required to enter into a peace bond. First, the criminal court can issue a peace bond …

2 min

Impaired Operation & Exceeding 80: Understanding Drunk Driving Charges

The Criminal Code of Canada contains two related but separate charges concerning drunk driving. The first charge is concerned with a person’s use or …

1 min

How can I get a Legal Aid Certificate?

The Legal Aid certificate process is an important one to understand, given the financial costs associated with being charged criminally. While it would be …

1 min

What are my chances of getting bail after being arrested?

Every client who finds themselves behind bars – whether they’re a first time accused or have been in and out of the system regularly …

1 min

Why should I stay silent if I’ve been arrested?

Everyone has watched a movie or television show where someone gets arrested. You’ve also heard a defence lawyer tell them in the next scene: …

2 min

Know Your Rights When Faced with a Criminal Charge in Ontario

If you’re faced with a criminal charge, it’s important to know your rights as a resident of Ontario. Check out these helpful links that will help educate you on both provincial and federal legislation related to your offence.

1 min

What is the Adult Therapeutic Court?

The Adult Therapeutic Court (“ATC”) is one example of the criminal justice system attempting to divert less-serious offenders away from the court process.

1 min

If I Am Stopped by Police, What Information Am I Required to Give Them?

This is a tricky question, as the advice lawyers often give is difficult to put into practice when one is actually faced with a police officer asking questions of you.

1 min

What is the Difference Between Summary and Indictable Charges?

If you’re charged with an offence, the Criminal Code will often stipulate what kind of charge it is – an indictable, or a summary offence.

1 min

What is the Direct Accountability Program (“DAP”)? Do I Have to do this Program?

The Crown is charged with the task of reducing the number of charges being tried in courts. Therefore, the criminal justice system has introduced …

1 min