After you are released by way of a bail hearing or a ‘Promise to Appear’ you will be required to make your First Appearance in Criminal Court.  It is a Criminal Offence to not be present at this appearance.  Either you should appear or you should hire a lawyer and sign a legal designation which will allow your lawyer to appear on your behalf.

It is advisable to meet with a lawyer before your first appearance and discuss the nature of the charges.  Retaining a lawyer is possible and advisable before your first appearance in that this allows you to be fully represented at all times in court.  With the effective representation of counsel, it is possible for you to not appear at all until your trial date or resolution date.  Further, with the assistance of counsel, you will not need to speak a word in court or to the judge or justice of the peace, unless you so choose.

Your first appearance is an administrative appearance in that you not required to decided whether you are pleading guilty or innocent, but rather, you should expect to receive your disclosure (which is the evidence that crown has against you in the criminal matter).

You will be expected to tell the court how long you will need in order to review the documents.  Typically the court will allow you a one month adjournment period in order for you to review the documents and advise the court whether you will be pleading guilty or innocent.

Disclosure:

Disclosure is evidence that the Crown has against you.  All evidence must be disclosed to defence counsel within a reasonable amount of time.  Evidence that must be disclosed includes evidence that is both useful and harmful to your case.

Full disclosure is essential to defending your case.  Your defence counsel should review the disclosure with you at length to ensure that all data is accurate and that nothing is missing.

Initial disclosure is typically anywhere from 30-50 pages.  Disclosure may also include CDs, DVDs, Video tapes, pictures, interviews, police officer’s notes, and pictures.  Other types of disclosure include: cell phone records, search warrants, report to justice and certificate of analysis.

After you receive your disclosure you will usually get about a month or less to review the disclosure and come back with a counsel or decide to plead guilty.  Within the disclosure is the synopsis which is a page or two document that is written by a police officer that describes the nature of the allegations.  If you are to plead guilty or to have a bail hearing, the synopsis will be read in court, as the ‘agreed statement of facts’.  The synopsis therefore is vital, in that, if you do plead guilty, the synopsis will be read in to the court record, and could be produced in transcribed (in writing) at any time. Your defence counsel should able to negotiate a more suitable ‘agreed statement of facts’ with the Crown attorney.  This is especially important for those individuals involved in immigration or family law proceedings.

Within a month of your first appearance in criminal court, your counsel should hold a crown pre-trial with the crown attorney at your specific court house.  This pre-trial will occur either over the phone, or in person.  Your counsel should have reviewed your disclosure in full by that point, and be ready to discuss the merits of the case with the Crown attorney at this point.

Defence counsel will let the crown counsel know about any outstanding disclosure issues, as well as any other major issues that are present in the disclosure – including eligible notes, lack of relevancy of disclosure, or missing third party notes.

It is typically at this point, where the defence counsel will advise the Crown whether the individuals wants to plead guilty or proceed to trial.  Charter applications, pre-trial motions, witnesses and issues such as date, jurisdiction and I.D. are discussed at this point.  After the crown-pre-trial the matter should be ready to either proceed to trial or a guilty plea (however, in some cases, where there are a number of outstanding issues – more crown pre-trials may be required).

If there are more complex issues involved with the matter, or the matter is scheduled for more than one day at trial – then a judicial pre-trial may be required (specifically in the jurisdiction of Toronto).

Judicial Pre-Trial

A judicial pre-trial occurs between defence counsel, crown counsel and a judge.  The judge will listen to arguments from both sides, as well as any potential Charter arguments, and pre-trial motions.  The judge will give his/her legal opinion with respect to the merits of the case, and advise the crown or defence counsel as to the strengths/weaknesses of their respective cases.  The judge will also take care of ‘housekeeping’ issues such as discussing issues such as any defence admissions, and any agreed statement of facts.  Typically the judge sitting at the judicial pre-trial will not be the judge who hears the trial in the matter.  The judge will most likely also provide a pre-trial guilty plea position to the defence counsel.  If this position is attractive, the defence counsel may wish to bring the matter back in front of that same judge in order for the individual to plead guilty and receive a favourable sentence.

 
Guilty Plea

A guilty plea is where the individual before the court admits to the essential elements of the offence and accepts criminal responsibility for the offence before the court.  A plea comprehension form is typically signed by defence counsel before the guilty plea.  That form specifically states that the guilty plea is an informed plea, in that the individual enters the plea under his/her own volition (by their own choice) and not under threat or inducement by another other.  It also includes that the individuals hereby waives their right to a trial, admits to the essential elements of the offence, does not have any defences, and understands that the judge has ultimate discretion with respect to the disposition of the charges (sentencing).

A joint position is where defence counsel and the crown attorney agree to a sentencing position (ie. absolute discharge, with 40 hours community service), and that this position will be put before the judge for his/her agreement. Joint positions are useful where defence counsel is able to negotiate a favourable sentencing position for their clients.
Trial Date

A criminal case typically has a life-cycle of about 6-9 months.  Within this period the individual will start with his/her first appearance and end with either a trial date or guilty plea or withdrawal of charges.

Trials are often set after the crown pre-trial has been conducted, and disclosure issues have been determined.  Courts in Toronto usually are very busy and for that reason trials will be scheduled within a 4-8 month period.

At trial, the Crown counsel must begin with their case first, and they will call crown witnesses typically including police officers, and the complainant (alleged victim).  If by the end of the Crown’s case they are unable to prove the offence beyond a reasonable doubt, then the defence counsel can request a directed verdict.

Where the Crown has put forward a strong enough case, and closed its case, the focus shifts to the defence’s case, whereby defence counsel must call its witnesses in order to introduce all the evidence that they rely on.

Ensure that you have a strong, experienced counsel, prepared to protect your rights at trial – for more information, call Rishi Singh Law at 416 858 7800.

Under the Controlled Drugs and Substances Act, it is an offence to import any illicit drug into Canada.

Importing drugs typically implies an individual who is the possession of illicit drugs moving the items from one international region into the borders of Canada. However, it is not necessary for the individual to be in actual possession of the drugs upon entering the country.  Instead, if it can be proven that the individual was in anyway involved in causing/planning for the drugs to be brought over the border:  there could be sufficient grounds for conviction.

Knowledge is a central legal principle for the offence of importing drugs.  In order to convict the individual of this offence, it must be shown that the individual had knowledge that illicit substance was being brought over the border.  Therefore, if it is proven that an individual had no knowledge that an illicit drug was packaged in their goods, and therefore no knowledge that they in fact importing the drug, the requisite intention would not be present, and a conviction would be not possible.

Defences to Drug Importation:

Including lack of knowledge and intent, the following are some additional defences to Drug Importing:

Necessity:

If it can be shown that an individual has imported drugs because there was an  urgent situation of imminent peril and there was no reasonable legal alternative to disobeying the law, and there was proportionality between the harm inflicted (the offence) and the harm avoided, then one can successfully use the defence of necessity.

Duress:

Duress arises when a person breaks the law because they are under the compulsion of threats and  immediate fear of death or bodily harm.  For instance, if a person was kidnapped by gun point, and brought over the border, the defence of duress may be relied on.

Penalties for drug importing

The maximum penalty for importing a drug banned under the Controlled Drugs and Substances Act can range from 10 years to life in prison.   Penalties will vary depending on the nature of the drug imported as well as the quantity of the drugs. The importation of “hard drugs” such as heroin or cocaine will demand higher sentences than “softer drugs” such as hashish or marijuana.

For those individuals who have been charged with drug possession, or possession for the purpose of trafficking, it is in your best interest to contact a criminal lawyer in order to evaluate your options.  Impact Law has represented individuals who have been charged with possession and trafficking of cocaine, heroin, ecstasy, marijuana, hashish, speed, GHB, PCP, Doda (poppy seeds), magic mushrooms, and ketamine or any other drug listed in Schedule I, Schedule II, Schedule III or Schedule IV of the Controlled Drugs and Substances Act.

Defined broadly domestic violence consists of an isolated or a pattern of abusive behaviours by one or both partners in a relationship such as marriage, dating, family, friends or common law union.

If you or someone you know has been involved, needs advice concerning a domestic assault, or charge contact Rishi Singh Law® immediately.

DOMESTIC ASSAULT IS A SERIOUS CRIMINAL CHARGE

A domestic charge is very serious and considered aggravating in nature. In fact, many courthouses have designated a team of Crown Attorneys whom specifically prosecute these matters.

Typically, in a domestic charge a complaint from one person to the police regarding the behaviour of another person, which may involve violence, criminal harassment or the utterance of threats, is alleged. Subsequently, the police will arrive to the alleged scene of the incident, usually a dwelling and will arrest the ‘so called abuser’.

Irrespective of whether there are any physical injuries, the alleged abuser may likely find his/her self-facing serious criminal charges. Even if, the complainant subsequently does not wish the matter to go forward, the Crown Attorney will decide whether the charges will continue based on a reasonable prospect of conviction.  The Crown Policy Manual states that domestic matters “should be prosecuted as vigorously as other serious criminal matters”. In all likelihood, the Crown Attorney will not withdraw the charges and will proceed to trial.

BAIL CONDITIONS

Typically, a charge of domestic assault will inevitably bring with it bail conditions. For example, the accused person will be restricted from any direct or indirect communication with the complainant, or from entering the domestic residence.

An experienced lawyer may often get your bail conditions varied either on consent with the Crown Attorney or by a contested hearing in front of the judge.

DEFENCES TO DOMESTIC ASSAULT

Rishi Singh Law® is experienced with domestic assault cases and can assess your case and advice you on your best available defences. For an in-depth review of available defences, please read our article on Assault.

A criminal conviction carries serious consequences to your reputation, employment and liberty. At Rishi Singh Law®, we will discuss what options are available to you before you enter an unfamiliar courtroom. For more information and in particular legal advice concerning domestic assault charges, please contact Rishi Singh Law® at 416-858-7800.

Immigration Minister Jason Kenney confirmed Wednesday that as many as 1,800 new Canadians could be stripped of their citizenship because they were obtained fraudulently. “We are in the process of notifying them that we will be revoking their citizenship because Canadian citizenship is not for sale,” Kenney told the Economic Club of Canada. Kenney said some of the individuals are believed to have used “unscrupulous” immigration consultants who submitted fraudulent applications on behalf of people who did not meet the qualifications for citizenship. The 1,800 were identified following a three-year investigation by the RCMP, other police forces and Citizenship and Immigration Canada. “By the way, we are not done with our investigation” Kenney said, noting that many of the accused live outside the country. They can challenge the decision in Federal Court. If not, Cabinet will move to revoke their citizenship. Citizenship revocation is relatively uncommon in Canada with only 63 people being stripped of their citizenship since 1977, Kenney said. Most were for reasons related to residence fraud, criminality and false identity, or concealing their involvement in war crimes. Speaking in Vancouver on Tuesday, Kenney said Ottawa is trying to discourage immigration fraud. “For those who simply touch down and try to get a Canadian passport as a … passport of convenience, who don’t pay our taxes but who do consume our social benefits, I think that’s dishonourable,” he told reporters after delivering a speech to the Vancouver Board of Trade. “There are many ways that we are combating immigration fraud and abuse of our generosity, whether it is from [bogus] asylum claimants, crooked immigration consultants, people smugglers [or] people who are abusing our citizenship program,” he said. Kenney also announced that Canada will soon be introducing multi-year visas for low-risk visitors from around the world that will last 10 years.

You may have enjoyed landed immigrant status for twelve or thirteen years, but if you are found to have engaged in criminal activities you could easily become the subject of a removal order and have your status revoked if your criminality is serious enough.

This condition, however, is not strictly limited to criminality you might also have your status removed if you violate the terms and conditions of the Immigration Act where your landed immigrant status was originally obtained! Only you yourself would know what terms and conditions have been imposed upon you at the time of landing. For example if you are a spouse or common-law partner and you are no longer residing with your sponsor at the time your landed immigrant status is approved, or if you have not completed the requisite number of days, two years out of five at your convenience in Canada to maintain you’re landed immigrant status, your status maybe revoked as you are no longer fulfilling the terms of the sponsorship!

It is rumored that recently Canada Immigration has put twenty thousand on notice who might fit into one of the above noted categories. Should you be one of the people in question you need to seek legal representation immediately

The remedies for these problems are an Appeal to the Appeals Section of the Immigration and Refugee Board, or if you are not successful there an appeal to the Federal Court of Canada.

As legal service providers we are able to offer you help and support should you be faced with any of these issues. We have sixteen years of experience in the legal field with specialization in Immigration and Criminal Law.  We are well equipped to help you deal with these eventualities and provide assistance with getting your life back on track!