The point of solicitor-client privilege is to allow you to speak freely with your lawyer to obtain legal advice. You want to know your communications regarding advice will not be disclosed to anyone without your consent - not even through a search warrant. Yet the concept is often misunderstood by lawyers and clients alike and it is the subject of much litigation.
Nothing in this article should be relied upon as legal advice or information - the article is for general interest only and you must contact me directly for law that applies to your case.
The question is not so much what are protesters' rights as:
- what do police consider protesters' rights to be, or even,
- what do police consider their own rights to be, or importantly,
- will the police view the protest as 'unlawful assembly' or as a 'riot', both of which are defined in the Criminal Code of Canada.
Telephone meetings are available, in addition to in-person meetings. Tell me the facts and your impressions of your situation. I will explain how the law applies, provide you with my recommendations, and suggest next steps. You can opt for my same-day Express Consultation Service for urgent matters.
Hearsay evidence can be described as written or oral statements, or even other communicative conduct, made by someone outside of the court proceeding – if it is used to establish the truth of the contents of the statement. It is presumed to be inadmissible because its reliability cannot be challenged through cross-examination. After all, the maker of the statement is not there to testify in court. Essentially, it is gossip.
New laws have made it easier and cheaper to get a record suspension if you have a conviction for simple possession of cannabis, though not many people have taken advantage of that.
This article talks about some things you should know about record suspensions, whether for cannabis or other types of convictions. Be aware that the law changes frequently, and may have changed by the time you read this. For a current and accurate statement of the law, or for representation, please book an appointment with me.
Record Suspension or Pardon?
A record suspension used to be called a pardon. Neither name is accurate. Your criminal record remains but is set apart from other criminal records in the Canadian Police Information Centre database. Your record suspension can be revoked or considered invalid for a variety of reasons.
The Ontario Court of Appeal released a decision dismissing one such court action. Judges used to write long decisions carefully analyzing the novel ideas raised in these actions. Their decisions are now shorter and make the point that there is simply no legal merit in the ideas raised.
In this recent decision, the self-represented Applicants, in typical fashion for self-representing persons, failed to follow the proper legal procedures. That alone causes havoc in the legal system and, given that approximately fifty per cent of persons going through the courts are self-represented in all types of cases, this is a continuing and serious problem. Understanding the process is a big part of the value I bring as a lawyer.
In general, the tips below could apply. Remember though that they might not apply to your particular situation.
- The Canada Revenue Agency (CRA) has enormous investigative powers.
- The CRA has a huge prosecution budget that is sometimes spent without regard to proportionality.
- The CRA is vested with highly effective enforcement procedures.
- Scammers very successfully exploit the existing distrust and fear many citizens have towards our tax system. Maybe you know what I'm talking about.
Below are some common tax issues that can affect everyone - Tax Avoidance, and Audits.
If you are not sure if your matter is something with which I could help you, please feel free to call me to discuss it (no legal fees for this chat). I work in many areas of the law; typical cases I handle include:
There are too many laws for one person to know about. That is why lawyers specialize. I focus on criminal, driving, and tax offences, though I'll also help with other matters if appropriate.
Even if you know the laws, they are open for interpretation. Yours might not match that of the prosecuting authorities. You can protect yourself as much as possible by relying on a legal opinion.
2. Your stomach feels queasy when you think of the problem. This is your intuition speaking to you.
The Client Kit
- useful tips for working together;
- explanations of
confidentiality and solicitor-client privilege;
- a worksheet of seven questions you can consider to help you focus before the consultation;
- a handy consultation checklist so you can follow along as the consultation progresses;
- a note-taking guide for you so you are prepared for, and have good notes from, our consultation
What to Expect from the Consultation
At our meeting, whether by phone or in person, I will help you define your legal problem, explain the relevant procedures, offer solutions, and describe further steps you could decide to take.
If you know someone who could benefit from my services, this article will make it easy for you to refer them to me. Simply copy the link to this article from the address bar above, and paste it in an email to them.
1. All of our communications are solicitor/client privileged, from the first phone call or email. No one outside of my firm will know you even contacted me, unless you authorise me to tell them.
2. There are no fees for the first contact with me. If we agree that there is a good fit between us and we are going forward, I will give you a fee quote for legal advice or information. Payment plans are offered for on-going services.