R v JW — Assault Charge Dismissed on Grounds of Self-Defence

JW was in a short relationship with the complainant before they broke up. After a few months, the two decided to rekindle their relationship, and JW invited the complainant to his apartment. Once there, the two started drinking. Unbeknownst to JW, the complainant had a drinking problem. After several shots of tequila, the complainant acted aggressively toward JW in a […]

Fraud Charge Dropped After Officer Violates Charter Rights

D.J. was recruited to purchase gift cards using stolen credit cards at various retail outlets. As D.J. was leaving a store, the store security noticed suspicious transactions and alerted the police. One police officer quickly attended and detained D.J. Instead of providing D.J. his rights to counsel, the officer started questioning D.J. in a highly incriminating manner. The officer then […]

What is a peace bond?

Peace bond is a court order. It is also known as a recognizance. There are two different types of peace bonds: one is issued under section 810 of the Criminal Code, and the other is issued by a judge under common law. Fundamentally, there are no differences between a section 810 peace bond under the Criminal Code or a common […]

Can Criminal Charges Be Settled Privately in Canada?

The short answer is no. The Canadian criminal procedure does allow a private individual to press criminal charges against another private individual; however, it is rarely done, and the Crown Attorney (Prosecutors) usually take over private prosecutions. Vast majority of criminal charges are laid by police or peace officers; charges are not laid by the person who called 911. The […]

[Case Dismissed] R v. W.B.: Video Evidence Exposes False Assault Claims

W.B. and the complainant entered into an investment agreement. W.B. was behind on repayments for IOUs that were issued to the complainant. On the date of the event, the complainant showed up at W.B.’s parking lot and demanded W.B. to get into her car and talk about the debt payments. After W.B. entered the complainant’s car, she started putting on […]