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Jurisdictional Errors and Certiorari Applications
The scope of judicial review of certiorari is very limited, only allowing review where “it is alleged that the tribunal has acted in excess of its assigned statutory jurisdiction or has acted in breach of the principles of natural justice which, by the authorities is taken to be an excess of jurisdiction”. This limited scope of review reflects the limited screening purpose of the preliminary inquiry, only allowing review for jurisdictional error, and not mistakes of fact or law.
What Happens if I Fail to Comply With Bail?
1. Section 145(4) — Failure to Comply with Undertaking Failing to comply with bail conditions is made an offence by s. 145(4) of the Criminal Code, which states that: “Every person is guilty of an indictable offence or criminal charge and liable for imprisonment for a term of not more than two...
What is a Vetrovec Warning?
A Vetrovec warning is a warning provided to a jury about “relying on the informer’s unsupported testimony”[1]. These “clear and sharp warning[s]”[2] are given to the jury to alert them to the risk of relying on the evidence of an “unreliable witness”[3]. Whether to issue a Vetrovec warning and its...
What is Child Abandonment in Legal Terms?
I. Criminal Code of Canada, section 218 — Abandoning Child: s. 218 of the Criminal Code makes it an offence for one to (a) unlawfully abandon or expose a child under the age of ten, where (b) its life is or is likely to be endangered or its health is or is likely to be permanently injured[1]. The...
Penalties For Breach of Undertaking, Release Order or Probation Order
When an individual faces criminal charges, the court may decide to release them on certain conditions meant to help prevent the repetition of criminal behaviour. These could include bail conditions before the trial, probation conditions or release on a peace bond. If these specified conditions are...
Fighting Canadian Drug Possession Charges in Toronto
Illegal drug use is on the rise in Toronto and opioid-related deaths are at record highs compared to previous years. At the same time, courts in Ontario are overwhelmed with drug possession cases resulting in a considerable backlog. We’ll examine Canadian drug possession laws, drug possession...
Canada Gun laws: Penalties For Concealed Carry
The use or possession of unregistered firearms or weapons is a criminal offence in Canada and is taken very seriously. Legislation prohibiting owning certain classifications of guns and dictating how individuals can legally use them can be contradictory and confusing, but the sentences for a...
Defending Murder Charges Down to Manslaughter
When a human being is killed, it is always a serious criminal offence. In Canada, the charges generally fall under three main categories: murder, manslaughter, and criminal negligence causing death. In this post, we’ll discuss these categories and examine some of the ways that lawyers can argue a...