Young offenders have their own special rights and privileges, but are they subject to DNA Order? Do they have to provide DNA samples and are they indexed in the DNA Data Bank? The DNA Identification Act allows courts to order DNA analysis and store the DNA profile in...
Evidence
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Seizing Evidence Without A Warrant: Plain View Doctrine
Everyone has the right to be secure against unreasonable search or seizure. - Section 8 of the Canadian Charter of Rights and Freedoms This is a fundamental right enshrined in the Canadian Charter of Rights & Freedoms which protects us all against the government...
Golden State Killer DNA Sharing | Evidentiary Issues Could Affect You
Recently in California, the FBI arrested a suspect infamously dubbed the Golden State Killer using DNA evidence. On the surface, there is nothing particularly remarkable about the police using DNA evidence to solve cases. Television has made people believe this a far...
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How Criminal Charges are Classified in Canada
When you're facing criminal charges, it's important to understand how the courts and prosecutors classify criminal offences. This article will help you understand the severity of criminal offenses and what potential penalties you may face. In Canada, crimes are classified into three categories:...
What is Domestic Violence? Is It Assault?
The conduct, behaviour and injuries associated with domestic violence can span a range of offences similar to ordinary assaults. Although domestic violence or domestic assault are not officially terms that are defined or mentioned in the Canadian Criminal Code, but intimate partner violence is and...
What is an Absolute Discharge Under Canadian Law
What is an absolute discharge? Absolute discharges are a finding of guilt by a Judge, but no subsequent criminal conviction or criminal record. There is no punishment imposed by the court for absolute discharges. When a judge grants an absolute discharge the accused has no more obligations to the...