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…

View article


Common Law Alberta in 2021: What You Really Need to Know!

common law couple standing in street in alberta

As one of Edmonton’s trusted, top family law firms, one of the most common questions we get in the field of family law is this: What is considered “common law” in Alberta? The fact of the matter is that couples engaged in a “common law” relationship don’t have the same legal rights or obligations as a married couple, and this is where the situation can get sticky. The rights and obligations of unmarried couples are determined based on what might be fair in the particular circumstances of their relationship. This becomes problematic because it makes it difficult for couples to…

View article


What is the Charge for Dangerous Driving?

Dangerous driving is defined simply in s. 320.13(1) of the Canadian Criminal Code as operating a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.  A conveyance is usually a motor vehicle.  Courts have determined that this section contains its own definition and no additional definition is required.  The mens rea of the offence requires an objective assessment of whether the driving amounts to a danger to the public, bearing in mind all circumstances.  The behaviour should amount to a marked departure from the standard of care that a reasonable person would…

View article


What are criminal driving violations? Is there such a thing as a criminal traffic violation?

Driving a motor vehicle is one of the most regulated activities an individual can undertake.  From licensing and vehicle equipment rules and regulations all the way up to driving behaviour that can result in a period of incarceration, operating a motor vehicle is one area where the individual might expect to run into trouble with the law at some point in their life.  Driving violations are generally either traffic matters or Criminal matters, depending on the severity.  The vast majority of driving regulation is governed by provincial traffic legislation, in Alberta that is under the Traffic Safety Act. What…

View article


Assault vs Battery: Full Guide in 2021

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 men’s rea,…

View article


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…

View article


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…

View article


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…

View article


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…

View article


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…

View article