*Blog posts are not legal advice. If you require legal advice, you should contact a lawyer in your jurisdiction.
Conditional Sentences: R. v. Sharma
The Supreme Court of Canada recently released its decision in R. v. Sharma, 2022 SCC 39, in which the highest court in the land has ruled that banning conditional sentences for certain offences is constitutional. This article provides a brief overview of the Supreme Court’s decision. The Offender: In 2015, a woman, with no criminal…
Production of Third-Party Records
This article is designed to provide a brief overview of the third-party records application process that occurs in criminal proceedings, particularly those involving sexual offences. What is a Third-Party Record? A third-party record is a document, or some other type of record, containing personal information about the Victim or another witness, which is out of…
What is a DNA Order?
A DNA order, made by a Judge, allows the police to take a sample of bodily substances (e.g. saliva or blood) from an offender. The Criminal Code of Canada governs the taking of bodily substances for law enforcement purposes. The substance is taken for the purpose of creating a DNA profile, which is stored in…
The Law of Self-Defence in Canada
The law of self-defence is an important part of the criminal law. In 2013, the self-defence provisions in the Criminal Code were amended to simplify the law of self-defence in Canada. This article provides a brief overview of the current self-defence law in Canada. Section 34 Section 34 of the Criminal Code governs self-defence. Section…
Waksdale: Enforceability of Termination Clauses in Ontario
The Waksdale Decision: In 2020, the Court of Appeal for Ontario released its decision for Waksdale v. Swegon North America Inc., 2020 ONCA 391 (Waksdale). In Waksdale, the employee was let go with two-weeks pay in lieu of notice. He filed an action for wrongful dismissal. The employee conceded that the employment agreement’s Without Cause…
Bail Hearings: The Basics
You have probably heard the term “bail” used in movies and television dramas, but you may be unfamiliar with how bail actually works in Canada. This article briefly explains how an adult, accused of a criminal offence, may obtain judicial interim release (also known as bail) from custody. Hopefully, this article sheds some light on…
Production Orders: The Basics
Law enforcement agencies have a variety of powers in their tool belt to assist in the investigation of crime and the collection of evidence. This article is the first in a series focused on investigative powers. We begin the series with production orders. Production orders are a powerful tool the police can rely on to…
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Fahd Ahmed | Lawyer 