Insights

From time to time an accused will advise us that while they are not guilty of the particular charge or allegation they are facing, they nonetheless want to enter a guilty plea or apologize in order to “just get it over with”. There are a number of legal and practical problems with doing this. Concerning the legal implications, before the Court can...

Crown Prosecutors Directed Not to Prosecute Simple Possession of Illicit Drug Offences in New Federal Guideline On July 9th, 2020, the Canadian Association of Chiefs of Police (CACP) announced they were calling on the Federal Government to decriminalize simple possession of illegal drugs. Adam Palmer, head of the CACP, stated that this...

Some years ago the Criminal Code was amended to provide for conditional sentences. These are sentences which allow a person who has been convicted of an offence to serve what would otherwise be a jail sentence, in the community. So for example if the Court would normally have intended to sentence a person to twelve months incarceration, rather than...

A lot of people are uncertain about what will happen if they call a lawyer to discuss a criminal charge they are facing. They are uncertain about the procedure and the cost. Set out below in general terms is what you can expect to happen if you have been charged and call one of the lawyers in the McDougall Gauley Defence Group. The first thing we...

Posting allegations of sexual assault and harassment online is not a new thing. That being said, it has now become commonplace for social media to act as a platform for alleged victims of sexual assault and harassment to make anonymous complaints. Advocates for these forums of discussion say that anonymous stories of sexual assault and harassment...

Defence counsel across the country applauded a decision from the Supreme Court of Canada (“SCC”) handed down on June 18, 2020. In R v Zora, 2020 SCC 14 (“ Zora”), the SCC unanimously ruled that an accused must subjectively know they are breaching their bail conditions to be convicted. Mr. Zora was convicted by the lower courts in British Columbia...

Like many of you, my social media timelines were recently inundated with headlines such as: “ Ontario Court of Appeal rules intoxication can be used as a defence in sexual assault and violent crime cases” “ Ontario Court of Appeal passes new ruling that is yet another assault on women! Intoxication is now an excuse for sexual assault” " A painful...

Although surrogacy in Canada is legal, compensating or otherwise paying your surrogate for a profit is not. Section 6 of The Assisted Human Reproduction Act prohibits the payment of surrogates, offers to pay surrogates and/or advertising to pay surrogates. Although commercial surrogacy is legal in the United States, surrogates in Canada cannot...

Many people when they are arrested or detained are asked to provide a statement by the police. In Canada, you are not obligated to give a statement. A statement can only be used in evidence against you if it is being given freely and voluntarily, in other words, without any promise or threat, and not given under such oppressive conditions that you...

Section 10 of the Canadian Charter of Rights and Freedoms provides that if you are arrested or detained you are to be: Advised of the reason for your arrest or detention; Advised of your right to contact counsel forthwith; and Given a reasonable opportunity to exercise that right. Many people assume that anytime a police officer or person in...

The Defence Group defends individuals and companies charged with all criminal and regulatory offences. If someone is the subject of a criminal or regulatory prosecution, some type of investigation was conducted by law enforcement or a regulator which resulted in charges. When charged, an accused person or company is entitled to disclosure. In...

With the rise of the COVID-19 pandemic, and its arrival here in Saskatchewan, many are justifiably focused on taking the necessary healthcare precautions to minimize the risk of both acquiring the virus, and spreading it to others. These concerns are understandably heightened in those environments more conducive to the spread of COVID-19, such as...