Bail hearings are when a Judge or Justice of the Peace decides if a person arrested for a criminal offence should be released before their trial, either with a monetary bail amount, either with or without a cash deposit, or on a form of promise to return for court. Understanding how bail hearings and bail work in Alberta courts can be complicated. If you’ve been charged with a criminal offence and are going through a bail hearing, read this guide and contact a criminal defence lawyer for the best outcome. What is Bail? According to the Canadian Charter of Rights…
Assault vs Battery: Full Guide in 2022
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. Battery is not a legal concept in Canadian Criminal Law. Instead, it might be better to consider 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…
Consequences of Having a Criminal Record in Canada
A criminal record can come with many consequences. If you have a criminal record in Canada, you run the risk of facing stigma, missing out on opportunities, and not being able to experience the same things as those without a criminal record. If you have a criminal record or at risk of receiving one, read on to learn the various consequences of having a criminal record. What is a Criminal Record? A criminal record lays out a person’s criminal history. A person’s criminal record lists out all criminal offences that an individual was charged for that have not yet been…
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…
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…
What are criminal driving violations?
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…
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…
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…
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…
A Simple Guide To Spousal Support in Alberta
Wondering how spousal support works in Alberta? 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?…
