After Conviction, What are the Sentencing Options? March 28, 2021By Hans John Kalina Sentencing. Punishment. Penance. Conviction for a crime can happen in one of two ways. Either you plead guilty to an offence or you are found guilty after a trial. What happens after a conviction for a criminal offence? The Canadian system of…
You’ve been arrested, Now what? If you are being investigated, you may soon find yourself being confronted, interrogated, or in handcuffs. You are going to be arrested by the police in one of two ways. Either you go to them or they come to you. The former is a surrender, the latter is a takedown….
What is your election, Jury or Judge Alone? In Canada, all criminal charges are classified into three categories: a) summary conviction offences, b) indictable offences, or c) hybrid offences. Pure summary conviction offences are those that are considered less serious, whereas pure indictable offences are those considered the most serious under Canadian criminal law. Hybrid offences are…
Why Does Procedure Matter? Back in the fall of 1987, when I was in my first year of law school, I came across legal reports dealing with Practice and Procedure in Civil Courts. I remember looking through the cases and thought to myself, this is the most boring subject I’ve ever seen. Why would anyone…
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…
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…
When is a Search Warrant Valid? In R. v. Gabaret, 2017 ONCA 139 , released yesterday, the Court of Appeal for Ontario reiterated the preconditions for a valid search warrant. By way of background, in order for the police to obtain a search warrant, the officer must swear an affidavit titled as an “information to…
