Criminal Defence

If you have been charged with a criminal offence under the Criminal Code Of Canada or Controlled Drugs and
Substances Act or have been contacted by the police in relation to an alleged offence, give us a call.
We assist individuals charged with a wide range Of criminal offences, from Shoplifting and Fraud to
Aggravated Assault and Murder. We accept legal aid certificates and Offer individualized payment plans for
clients and make every effort to provide access to our services. regardless Of the financial situation in which an individual may find him or herself

We provide representation in the following areas of criminal law:

• Domestic Assault
• Common Assault
• Assault with Weapon
• Assault Causing Bodily Harm
• Aggravated Assault
• Sexual Assault
• Assault Police Officer
• Impersonating police
• Utter Threats
• DUI/Impaired Driving
• Possession and Trafficking of Drugs
• Weapons Dangerous
• Fraud (over & under S 5,000)
• Theft (over under S 5,000)
• Youth offences
• And Many More!

We serve clients in the areas of Kitchener, Waterloo, Cambridge, Guelph, Milton and Greater Toronto Area. We offer free initial consultation

Domestic Assault
A Domestic Assault is an Assault that takes place within the context of a domestic relationship. An Assault, as defined under s. 265 of the Criminal Code of Canada, generally speaking involves intentional physical contact with another person, to which the other person does not consent. A Domestic Assault is considered a more aggravating form of Assault, as setout in s.718.2(a)(ii) of the Criminal Code of Canada. Potential defences to this offence include arguing that the complainant is not credible or arguing a justification such as Self Defence. Intoxication, in reality. commonly influences Assault related offences. but is not a defence to the charge.

Common Assault
A common (or simple) Assault defined under s. 265(1) of Criminal Code of Canada:
“A person commits a an assault when:
(a) without consent of another person, he applies force intentionally to that other person. directly or indirectly.
(b) he attempts or threatens, by an act gesture, to apply force to another person, if he has, or causes that
other person to believe upon reasonable grunds that he has, present ability to effect his purpose; or
(c) while openly or carrying a weapon or imitation accosts or impedes another person or begs”
offence can be committed in 3 different ways. The roost commonly laid form of Assault is under paragraph(a) which deals With intentional physical contact with another person, to which the other Person does not consent.

Assault with Weapon
Assault with Weapon is a criminal offence found under s. 267(a) Of the Criminal Code Of Canada. An Assault with Weapon is essentially a Common Assault that involves the commission Of the offence while carrying, using or threatening to use a weapon (or an imitation weapon), A “weapon” is broadly defined under s.2 Of the Criminal Code, and includes things 50th that are designed to be used at weapons, as well as any Objects that can be used to cause injury or threaten another individual. In the context Of an Assault with Weapon, anything from a Cup to a vehicle can be considered a weapon.

Assault Causing Bodily Harm
Assault Causing Bodily Harm is a criminal offence outlined within s. 267(b) of the Criminal Code. Assault Causing Bodily Harm combines the offence of Assault with the added element of injury to the complainant. Injury, in this context, is defined as any hurt that is not trifling or transitory, The Crown has to also prove that the accused caused that bodily harm, as well as that the bodily harm was reasonably foreseeable.

Aggravated Assault
Aggravated Assault is an indictable criminal offence found under s. 268 of the Criminal Code of Canada. This offences involves an Assault that leads to wounding, maiming, disfigurement or endangerment of life of the complainant.

Sexual Assault
Sexual Assault, found at s. 271 of the Criminal Code, involves intentional touching of another person, where the touching of a sexual nature. There is a wide spectrum of physical contact that might be encompassed in this offence. For example, it is possible for the touching of another person’s thigh to constitute sexual assault at one end of the spectrum. At the other side of the spectrum, forced sexual intercourse constitutes the most serious form of Sexual Assault.

Assault Police Officer
Under s.270(1)(a) of the Criminal Code, it is a crime to Assault a police officer who is working in the course of their duty. The elements of the offence combine a Common Assault, combined with the requirement that the victim be an officer who was on duty and acting lawfully.

Personating Police
Section 130(1) of the Criminal Code of Canada prohibits individuals from personating a police officer. That section reads as follows;
“Everyone commits an offence who
(a) falsely represents himself to be a peace oncer or a public officer; or
(b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.”

Utter Threats
It is a crime to threaten either “bodily harm” or “death” under s. 264.1(1) of the Criminal Code of Canada. Threats short of those involving references to “bodily harm” or “death” would not be encompassed under this section of the Criminal Code. However, there may be other offences, such as Criminal Harassment, that could
be laid in those circumstances. For the offence of Utter Threats, the Crown is required to prove that:
a) a threat of death or bodily harm was made and
b) the words were expressed as a threat with the intent to intimidate or to be taken seriously.

DUI / Impaired Driving
Drinking and Drug Impaired Driving makes up a large portion of the charges that proceed through Ontario courts on a regular basis. The surrounding these offences was overhauled in December 2018. Now, the offences make reference to “conveyances” rather than just motor vehicles. Courts have interpreted this to include a variety of “vehicles” that are propelled by energy other than from a motor.

a) Excess Blood Alcohol / 80 Plus
This involves having a blood alcohol level that exceeds the legal limit while operating or having care or control of a conveyance. The legal limit is now 79 mg of alcohol in 100 ml of blood (in other words, you can be charged and found guilty of a criminal offence if your blood alcohol concentration is at 80 mg or higher)

b) Impaired (by Drug or Alcohol)
This offences involves the allegation that an individual’s ability to operate or have care or control of a conveyance was at least slightly affected by drug or alcohol consumption

c) Refuse / failure to Provide Breath Sample
It is a criminal offence to refuse a breath demand, and the consequences are the same (or even more severe) than a “standard” DUI conviction

d) Excess THC Level
It is a criminal offence to operate or have care or control of a conveyance with greater than 2 nanograms of THX per milliliter Of blood

Possession and Trafficking of Drugs
It is a criminal offence under the Controlled Drugs and Substances Act to possess, traffic, possess for the purpose of trafficking or import a controlled substance Controlled Substances are defined under four separate “schedules” in this legislation. Some of the most names would be cocaine, heroin, ecstasy and the like.
The most commonly laid drug charqe is that of Simple Possession. This requires the Crown to prove that the accused had both knowledge and control of the drug in question. Possession can be actual (such as having the drug on you) or Constructive (such as placing the drug somewhere, where you know it is and have some measure of control over it).

Weapons Dangerous
Section 88(1) of the Criminal Code of Canada makes it a crime to possess a weapon for a purpose dangerous to the public peace.
“88. (1) Every person commits an offence who carries or possesses a weapon. an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence. ”
Courts will take decide whether on a subjective and objective basis, the weapon was possessed for a purpose dangerous to the public peace.

Fraud
Under s. 380(1) of the Criminal Code of Canada, Fraud consists of either a Fraud Under or Over $5,000. The Supreme Court of Canada has set out the elements of this offence, which include:
(1) An act of deceit, a falsehood or some other fraudulent means: and
(2) Deprivation caused by the prohibited act in question:
(3) Subjective knowledge of the prohibited act and
(2) Subjective knowledge that the prohibited act could have as a consequence deprivation to another person

Theft
Theft is a crime that is found under s. 334 of the Criminal Code of Canada It involves the taking or converting of something that is owned by another person. where the accused does so fraudulently and with the intention to deprive the owner of the thing. Theft, like Fraud. involves either a Theft Under $5,000 or Theft Over $5OOO

Youth Offences
The Youth Criminal Justice Act regulates crimes committed by youth, who are defined to ages 12-17. There are significant differences between Adult and Youth criminal procedure. Youth sentences, for example, are different than Adult sentences. and focus on Ration rather than punishment, due to the lower level of
moral blameworthiness of younger people, Youths also have additional procedural safeguards when interacting with the justice system, such as having the right to a parent or support person while being interviewed by police.