Including Criminal Code, Highway Traffic, Income Tax, and Regulatory Offences

Humiliation and the Criminal Law

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?

And yet, during the course of speaking with you, I will gently probe to know what happened to you while in custody. Because how you were treated can have direct bearing on the outcome of your case. There are remedies available in criminal law for mistreatment, including a lighter sentence, a reduced charge, or even a withdrawal of the charge. Types of mistreatment may include:
  • being detained for too long before being told the reason for the detention (and the time may be quite short)
  • being strip searched when circumstances do not warrant such an intrusion
  • having to use a cell toilet in view of a camera
  • being given inadequate clothing to wear, or food not appropriate for you to eat
Guilty or innocent, you have a legal right to dignity. I can let you know if the legal standard for your dignity was not respected and what remedies are available to you.

When you are charged, I carefully review the police reports and often request additional materials from the prosecutor. The information is complete when you describe to me how you experienced the ordeal. Then we build the defence. You can reach me at 613.203.4874. Check out my main website by clicking here.