Including Criminal Code, Highway Traffic, Income Tax, and Regulatory Offences
Protesters' Rights and Risks is a special edition newsletter, excerpts of which are published here. For the full version, please contact me directly.
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.
Within those contexts, let's look at some fundamental issues that can arise during protests. I'll relay the laws in a general way; the terms demonstration and protest are used interchangeably.
I help clients who may be facing criminal, driving and tax offences or who may be under investigation by police, CRA, or other agencies. I will defend you against government prosecution; negotiate with the police and crown attorneys to avoid, reduce or withdraw charges; and provide you with legal advice and strategy through consultation.
CONSULTATION SERVICES
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.
NEGOTIATION SERVICES
As a skilled negotiator, I navigate encounters with police and prosecution so you can avoid charges, or have charges withdrawn or reduced.
LEGAL DEFENCE
If your case is in court, you'll benefit from my advocacy skills. Having litigated extensively both as a defence lawyer and as a crown prosecutor, I have unique insight to help you achieve a successful result in your case.
If you are seeing me because you have been charged with an offence, chances are you have never before been detained by police, nor arrested, nor held in a jail cell, nor fingerprinted. You probably don't want to talk about the experience – who would?
Going to trial is a form of litigation, and it is a notion currently out of favour with most other lawyers. This is because it is undoubtedly expensive, has a long time-line, the results are unpredictable, and it is usually a traumatic experience for the client. Other forms of ending a case, such as mediation in the early stages, are encouraged or even obligatory. On the other hand, going to trial has some real advantages.
Your chances of winning your case depend on the relevant facts. Not the real life facts but rather the facts that would be admissible evidence in a trial. Hearsay evidence may be inadmissible. A trial often includes complex legal arguments about whether hearsay evidence should be admitted.
So you have decided to prepare your own case before a court or tribunal. Avoid these common mistakes made by people who self-represent, keeping in mind that this general information may not apply to your situation:
When a court action is under way, or anticipated, you will likely try to settle the case with the opposing party. But how to do that without potentially hurting your case if negotiations fail? By relying on 'settlement privilege'. Some communications made during settlement negotiations may not be used in the trial that will follow if the settlement efforts fail. The idea is to encourage your likelihood of settling the case.
Most clients facing a criminal trial might win, even if they 'did it'. For example, I have won cases for clients, which initially seemed hopeless, through all of the ways below.
New laws have made it easier and cheaper to get a record suspension if you have a conviction for simple possession of cannabis.
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.
There is an adamant element of society who object to paying taxes or otherwise being governed by Canadian laws. They have been bringing all nature of court actions for many years, are usually self-represented, and place a huge burden on judges and the court system.
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.
It could happen – you could be arrested and held in custody at a police station, waiting for release. You should call a lawyer, and that is your right. That way, you will get immediate legal advice tailored to your situation – at least as far as that is possible in a very brief phone call.
In general, the tips below could apply. Remember though that they might not apply to your particular situation.
Defamation is a legal concept that is broad and expanding. The laws are found in provincial and federal legislation, and in judge-made case law from Small Claims Court all the way to the Supreme Court of Canada. Communications through never-ending new forms of technology are not adequately dealt with, or even dealt with at all, through legislation that was drafted in an earlier era. Technology also brings with it jurisdictional issues such as - where did the offence occur when it was sent over the internet?
Running a short term rental and finding yourself in hot water? You may have thought that since you complied with local bylaws concerning short term rentals, you were operating legally. However, it is possible, and even common, to be in compliance with one law, only to be breaking another.
I deal with tax questions from distraught people. Their upset is understandable. There are endless ways you or your accountant can mess up your taxes, even despite best efforts.
Consider this:
- 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.
Something special about my legal practise is that I combine criminal law defense work with tax law. If you are facing an investigation or charges under the Income Tax Act, or think you might be, I can help you.
Below are some common tax issues that can affect everyone - Tax Avoidance, and Audits.
Legal jargon used in Canada for persons going through the criminal justice system includes the following.
Many people ask me for help with their family law matters, even though my expertise is in criminal law and investigations. Relationship breakdown can quickly turn into the type of case I take on. Your breakdown may lead to investigations and even charges against you.
Signs to watch for include:
I defend people who are charged with offences. I also represent victims and witnesses who want someone with my background on their side. Like my defense representation, this is a private service - it is not associated with government at all. I offer it as an alternative to, or in addition to, the various government or government-funded agencies that provide similar services. My program is different in these respects:
No conflict of interest
You may feel that your interests are in opposition to government or government-funded agencies. Since I am a private lawyer whom you retain (hire) directly, there is no conflict of interest.
Mediation is most often seen in civil cases, such as family law. The common practise in criminal law is to hold pre-trial settlement discussions between defense counsel and the prosecutor, sometimes with the input of a judge. Neither the accused nor the alleged victim(s) are present.
People often express to me their
mortification and indignation at having been barred or banished or
told to leave from somewhere by another person. It was prompted by
their behaviour that was not criminal, but broke someone's rules or
boundaries in a work, residential, domestic, or leisure setting. Being figuratively tossed is just a
normal part of societal friction. Nonetheless, being told to leave
can be an emotional event – sometimes for both the one asking and
for the one asked. It may result in assaultive or threatening
behaviour on either or both sides. Criminal charges or civil actions
may follow – again, on either or both sides.
1. Do you know all the ramifications to pleading guilty? They may include jail, a license suspension, a criminal record, and much more. Don't be caught by surprise on sentencing day, as are many self-represented people.
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). Typical cases I handle include:
Breaking the law - you may be doing it right now. There are a number of reasons for this, most of which are out of your control. Allow me to explain.
Unlawful Tax Avoidance, Audits, and the Canada Revenue Agency
This article has been merged with an article called Taxes and Criminal Law, and can be found by clicking here.
1. Your head is spinning just thinking about the problem. You can't get an intellectual grasp on it. When this happens, it is usually because you are missing some underlying premise about your situation. I can explain to you what is missing, and then you will be clearer about the problem before making decisions on next steps.
2. Your stomach feels queasy when you think of the problem. This is your intuition speaking to you.
My criminal law practise frequently involves older people as clients. As we age, we may have special challenges that can land us in hot water with the law. This applies even to people who have so far lived long lives without attracting any criminal record.
If you are charged or under investigation by the government or police, you may be having some of the thoughts below. You can speak to me about your worries, and I'll let you know which of these anxieties are justified, and what I can do to get you the best possible result for your situation.
As a new client, when you book a consultation I may ask you to send me documents prior to the appointment, such as the paper you may have received from the police or court telling you of your criminal charge and next court date.
Each individual is unique. As a result, the usual indicators of a witness' credibility cannot always be relied upon by lawyers and judges.
It can be awkward suggesting that your friend, family member, customer, patient, or client seek the help of a lawyer, especially if their legal issue involves criminal charges or a police investigation. But sometimes it is the right thing to do, and you will have the comfort of knowing that their legal matter will be appropriately addressed.
