CRIMINAL LAW BLOG

Learn the key differences between a peace bond vs restraining order, when each applies, and what legal protections they offer. In Canada, both peace bonds and restraining orders are legal tools used to protect individuals from potential harm or harassment. While these orders may seem similar on the surface, they...

A breach of undertaking is a criminal offence that occurs when an individual fails to comply with the conditions they agreed to after being released by the police or the court. In Canada, undertakings are legally binding promises made by an accused person in exchange for being released from custody...

In most Canadian criminal cases, when someone is charged and held in custody, it is the Crown’s responsibility to justify why that person should be denied bail. However, in certain situations, the legal burden shifts to the accused. This is known as reverse onus bail. Instead of the Crown proving...

The Crown has a legal duty to provide the accused with all relevant information about the case against them. This process is known as disclosure. It includes police reports, witness statements, forensic evidence, surveillance footage, expert opinions, and any other material that might be used at trial. Timely disclosure is...

In Canadian criminal law, a surety is a person who takes responsibility for an accused individual who has been released on bail. When someone is charged with a criminal offence and held in custody, a judge may agree to release them into the community if a surety agrees to supervise...

A detention review is a legal procedure in Canada that gives individuals held in custody before trial the opportunity to challenge their continued detention and apply for release. If you or someone you know has been denied bail or has remained in custody without a release, a detention review may...

A bench warrant is a legal order issued by a judge that authorizes the immediate arrest of an individual who has failed to comply with a court order or appearance. Unlike arrest warrants that are usually initiated by law enforcement through investigation, a bench warrant is issued directly by the...

A Notice of Appearance is a formal legal document that plays an important role in the early stages of criminal proceedings in Canada. If you’ve been charged with a criminal offence, you may receive a Notice of Appearance indicating when and where you are required to attend court. Failing to...

Being released on bail is a critical opportunity for individuals awaiting trial to remain in the community instead of being held in custody. However, bail comes with strict conditions set by the court, and any breach of those conditions is treated seriously under Canadian Law. If you are accused of...

Learn how criminal charges affect immigration status in Canada. Understand your legal risks and contact De Boyrie Law today. Criminal charges can have serious consequences for anyone living in Canada, but for non-citizens — including permanent residents, temporary residents, and refugee claimants — the stakes are even higher. A criminal...

Public mischief charges are a criminal offence that is often misunderstood but taken seriously under Canadian law. While some may associate the term with minor pranks or misbehaviour, a public mischief charge typically involves knowingly misleading the police or making false reports that waste law enforcement resources or cause another...

A no-contact order is a legal restriction that prohibits an individual from communicating with or approaching another person. Often issued during or after criminal proceedings, no-contact orders aim to protect alleged victims, witnesses, or other individuals from further harm, harassment, or intimidation. Whether you are the subject of a no-contact...

Charged with breach of probation? Learn your rights and how a criminal defence lawyer for breach of probation charges can help. Contact De Boyrie Law today. Being placed on probation is a common alternative to jail time in Canadian criminal sentencing. It allows individuals to serve part or all of...

Failing to appear in court is a serious offence under Canadian law. When you are charged with a crime or summoned to court for any legal matter, your attendance is not optional—it is a legal obligation. A failure to appear in court can result in additional criminal charges, a warrant...

A pre-sentence report (PSR) is a critical document in the Canadian criminal justice system. It plays a significant role in helping judges determine appropriate sentences for individuals who have either pleaded guilty or been found guilty of a criminal offence. The report provides insight into an offender’s background, circumstances, and...

Being charged with a criminal offence for the first time can be an overwhelming and stressful experience. Many first-time offenders have no prior interaction with the legal system and may not fully understand the potential consequences of a conviction. However, with the help of an experienced defence lawyer for first-time...

Alternative sentencing is an important aspect of Canada’s criminal justice system, providing options other than imprisonment for individuals convicted of certain offences. The goal of alternative sentencing is to focus on rehabilitation, community reintegration, and reducing recidivism, rather than relying solely on incarceration. For many first-time offenders or individuals convicted...

Stunt driving is a serious offence in Canada, particularly in provinces such as Ontario, where strict laws have been introduced to deter reckless driving behaviour. While many people associate stunt driving with street racing, the legal definition encompasses a wide range of dangerous driving activities, including excessive speeding, performing stunts,...

Being charged with a criminal offence for the first time can be overwhelming and stressful. Many first-time offenders have never interacted with the legal system before and may not fully understand their rights, the legal process, or the potential consequences of a conviction. However, first-time offenders may have options that...

Conspiracy charges are among the more complex and serious criminal offences under Canadian law. Even if no actual crime has been committed, an agreement between two or more individuals to commit an illegal act can result in criminal prosecution. The law treats conspiracy as a punishable offence in and of...