Not Criminally Responsible On Account of Mental Disorder Contrary to popular culture, a finding of not criminally responsible (by reason of mental disorder) is not a free pass out of the criminal justice system. The concept of not criminally responsible on account of mental disorder (NCR), or what was at one time referred to as…
Basic Trial Procedure A criminal trial begins with the formal arraignment (reading of the charges) to the accused(s). A plea of “not guilty” is required in most cases. Once the arraignment has begun, the Crown Attorney (prosecutor) commences producing evidence to demonstrate that the accused was the perpetrator of the offences for which they have…
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…
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…
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.
Pleading guilty to a criminal offence can have enormous and severe consequences. Consult a lawyer before you contemplate pleading guilty.
