Legal Fees Explained By Hans John Kalina Let’s talk about legal fees. The topic of legal fees is very often misunderstood by our clients.  First and foremost, clients need to acknowledge that the lawyer is a business person.  Legal services are the product and the lawyer’s livelihood is entirely dependent on the client’s payment for…

Anatomy of a Criminal Proceeding by Hans John Kalina What exactly does a lawyer do to assist their client in a criminal proceeding?  It’s a question that is often asked and poorly understood.  American television programs promote the myth of a lawyer walking into a prosecutor’s office, throwing down a file and yelling to advance…

The Role of Defence Counsel in a Criminal Proceeding  By Hans John Kalina What is the role of defence counsel in a criminal proceeding?  While this may seem like a question with an obvious answer, closer examination, reveals that it is not. There are two opposing views on the subject.  One view is that defence…

As a lawyer practicing both criminal and immigration law, I often receive requests from colleagues for professional advice on issues they are facing when the two branches of law intersect. Recently, I was consulted by a client on behalf of a fellow criminal defence lawyer to provide an opinion letter for a judicial pretrial on the effect of a discharge for a domestic assault an accused was facing.  The client was accused of assaulting his wife.  He, and his wife, were also facing potential deportation. Fortunately, we were able to resolve their predicament.

With the Supreme Court decision in Tran v. Canada, non-citizens (permanent or temporary residents of Canada) will no longer be subject to inadmissibility proceedings and possible deportation as a result of being sentenced for to a conditional sentence of imprisonment.

The Law of Bail in Canada Revisited June 2, 2017 Being arrested by the police is a traumatic event. Once in the criminal justice system, the process of being released from custody can be perplexing and stressful. This week, The Supreme Court of Canada rebuked the culture around the process of granting bail. Procedurally, the…

What to do When Stopped by the Police Being stopped by the police, whether at home, in your car, or on the street can be a source of anxiety. The following guidelines will help you protect your rights and improve your chances of driving or walking away safely. You don’t have to be a legal…

Tax and Customs evasion charges do not fall under the Criminal Code of Canada, and have not historically resulted in individuals being denied entry to the United States. With the Canada Revenue Agency’s (CRA) reported new plan to fingerprint individuals accused of these offences starting on April 1, 2017 this could change.

Most of us believe that we have a good memory. That our memory is like a film recording that we can play back to provide an accurate recollection of events. However, research shows that the truth is much different. Recent studies reinforce the fact that our memories are fallible and unreliable, even though an emotional connection with an event enhances memory formation.

a Nova Scotia judge who said that “clearly a drunk can consent” as he acquitted a Halifax taxi driver of sexually assaulting an intoxicated passenger found partly naked and unconscious in the back of his cab.

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