Legal Blog - Criminal Law - Derstine Penman Law Firm

The Compellability of an Accused Person at Trial: What Does the Right to Silence Really Mean?

by: Laura Remigio, Associate Everyone in Canada has certain rights that are protected by the Canadian Charter of Rights and Freedoms. Many sections of the Charter also have specific rights that are designed to protect people who have been charged with a criminal offence. Some of these rights are well known in society, such as […]

How to Appeal Your Conviction In Ontario

by: Geoff Haskell, Associate Have you been charged and convicted of an offence in Ontario? Do you feel that the Court’s decision was unfair or unreasonable? Would you like to get a second opinion? If you answered ‘yes’ – then you are in luck. In Ontario, anyone convicted of an offence has the right to […]

The Role of Victim Impact Statements in Sentencing

by: Adam Newman, Associate Victim Impact Statements (“VIS”) play a highly influential role in sentencing. Not only do they factor in to what sentence someone found guilty is given, Parliament went out of its way to expressly provide victims of crime with a statutorily protected opportunity to express the impact the crime had on them. […]

Bill C-51 in Practice: Severe Implications for the Rights of the Accused

by: Allison Lee, articling student In our last post, New Law For Sexual Assault Forces Defence to Disclose Texts, we discussed the new regime governing the type of evidence that can be used by the defence, and ultimately how it may be used, following the introduction of new sexual assault provisions into the Criminal Code […]

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