Assault vs Battery

You may be wondering what the difference is between assault and battery. In Canada, there actually isn’t a criminal differentiation between assault versus battery, as battery is not defined in the Canadian Criminal Code. Instead, the difference between assault and battery in Canada would better be understood as the difference between assault and assault causing bodily harm. What is Battery (Assault Causing Bodily Harm)? Battery is a criminal offence in a number of countries. In the UK, battery is a common law offence where according to Actus reus, a defendant unlawfully applied force to a victim, and as with mens…

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What is the Time Limit to Press Assault Charges in Canada?

If you’ve been assaulted or committed an assault, you may be wondering what the time limit in Canada is for pressing assault charges. In Canada, pressing assault charges is actually most often done by the police.  If the police have decided to press assault charges, there can be a time limit in Canada. Pressing assault charges’ time limit in Canada is six months for summary convictions, but there is no time limit for indictable offences. There are two types of criminal procedures in Canada, and it is often up to the prosecution to decide what kind of criminal procedure is…

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How to Beat an Assault Charge in Canada

If you’ve been charged with assault in Canada, the first thing you’re likely wondering is how you can beat an assault charge. Assault charges in Canada can be a difficult and confusing situation to go through.  Charges are usually laid by the police, not the alleged victim, and there are many layers of what an assault charge means. If you’re looking to beat an assault charge in Canada, there are a few things you can do to help your case along. The first thing you should do if you are ever charged with assault in Canada is contact an experienced…

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New Impaired Driving Laws In Alberta

There are new impaired driving laws in Alberta that will vastly impact how DUIs and Impaired Driving infractions in Alberta will be dealt with. The law predominantly effects first-time offenders, and it changes the way impaired driving law in Alberta lays Criminal Charges. On December 1st, 2020, the Government of Alberta put into practice a new system for dealing with most Impaired Driving charges.  These changes are largely contained within Bill 21 and are now in place. This change represents a radical revision to the way impaired driving laws have worked for decades.  Moving forward,  the police will have the…

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Domestic Assault

What is domestic assault? Domestic assault is a criminal charge of assault against a domestic partner. Domestic assault is not specifically in the Canadian Criminal Code; however, domestic assault is often considered a unique form of assault by the Crown Prosecutors and the Courts. Domestic assault charges are taken incredibly seriously in the court of law, and as such your actions after an alleged domestic assault must be performed carefully.  Domestic Assault charges are unique as they contain elements of breach of trust, as well as the fact that domestic assault is a very common occurrence in society. What are…

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Aggravated Assault vs Assault?

The Criminal Code of Canada classifies Assault offences into categories based on different circumstances such as the use of weapons, injuries caused, as well as other factors.  These distinctions can be very important as different sentencing considerations, including higher maximum sentences, may apply. Assault  — s. 266 of the Criminal Code Assault is the act of applying force to another person without their consent. Assault can also be a threat of applying force to another person, either explicitly by verbal threat, or implicitly through carrying a weapon and directing it at another person. Assault is often a blanket term used…

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I Got A DUI. What Do I Do Now?

Getting stopped while driving under the influence can be a scary situation. Everyone makes mistakes, but making the mistake of driving under the influence can be more serious than most other driving charges. What happens if you get a DUI varies based on the situation. If you are found by police to be driving under the influence of drugs or alcohol, there are a number of steps you should take to protect yourself. Firstly, what constitutes Driving Under the Influence? What, Exactly, is Driving Under The Influence? Driving under the influence is more accurately described as being impaired by alcohol…

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19+ Important Questions To Ask Your Divorce Lawyer

Are you considering separation or divorce? Join us as our Edmonton family law expert shares with Canadians the most important questions to ask your divorce lawyer on the first meeting. There’s no question that navigating the waters of separation and divorce is a challenge. When it comes to seeking legal representation, ensuring you are prepared for the first meeting with your divorce lawyer will definitely help smooth out the process, and these thoughtful questions should do just that. Let’s dive in – 1. How many years of experience do you have handling divorce family law…

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A Simple Guide To Spousal Support in Alberta

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Wondering how spousal support works in Canada? Today, our experts explain what, exactly, spousal support is, who’s entitled to it, and the different factors that affect how spousal support is calculated in Alberta. Let’s face it. Divorce is hard. When it comes to navigating all of the considerations involved with divorce, there’s no question that it can quickly become mentally, emotionally and financially overwhelming. Spousal support, in particular, can often be especially difficult because there are so many variables that determine whether it’s necessary, who pays it and how much. Looking to clear the air on spousal support in Alberta?…

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Can I Travel Outside of Canada with a DUI?

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Have you been convicted of a DUI in Alberta – or elsewhere in Canada – and are now worried about whether you’ll be able to travel outside of Canada? While it would be nice to hear that there are no limitations on travelling internationally with a DUI, that is simply not the case. Related: The Truth About Impaired Driving Penalties in Alberta Whether you will be permitted entry to another country will depend on that country’s laws surrounding impaired driving charges as well as various other circumstances such as the nature of your offence and how you present your…

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