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Other Key Cases and Takeaways
Check out the key takeaways from other important cases in December 2023 and January 2024… (1) R. V. JOHNSTON, 2023 ONCA 808 A conditional sentence cannot become available where appropriate sentence, prior to considering pre-trial custody, is two years or more. (2) R. V. FERGUSON, 2023 ONCA 870 Probation orders
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R. v. Williams, 2024 ONCA 69
In July 2020, Mr. Williams was arrested for an alleged domestic assault against his domestic partner. He was released on an Undertaking which included a no-contact condition. Mr. Williams was not to communicate with the complainant unless (1) she provided written, revocable consent, or (2) the communication was for a
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R. v. Singh, 2024 ONCA 66
After consuming alcohol, the Appellant was involved in a motor vehicle accident that resulted in the death of the driver and their young child… WHAT YOU NEED TO KNOW -There is no automatic reasonable expectation of privacy with respect to activities that occur in a hospital. -In this case, there
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R. v. Rudder, 2023 ONCA 864
Korey Rudder was convicted of five firearm and nine breach offences after a loaded handgun and ammunition were… WHAT YOU NEED TO KNOW – There is a common law formal admission that withdraws a fact from issue and dispenses with the need for proof of that fact. This common law
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What Is Defined As Child Pornography
The definition of child pornography in Canada is comprehensive and encompasses a wide range of materials and scenarios. It’s essential to understand the breadth of this definition, as it can lead to situations that the general public might not typically consider criminal. In Canada, child pornography is defined as: Any
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Criminal Code Offences
The Criminal Code is a comprehensive legal document that outlines an array of charges that an individual may face. It also integrates various other statutes, such as the Controlled Drugs and Substances Act, which further establishes criminal liability. The Criminal Code is our guiding document, and our Ontario-based criminal lawyers,
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What Does it Mean to be a “Party to an Offence”?
Introduction Under Canadian criminal law, individuals who facilitate or assist in the execution of a crime are treated as culpable as the person who physically carries out the act. This principle is commonly known as “aiding and abetting”. The distinction between aiding and abetting and physically perpetrating the crime is
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Peace Bonds in Ontario– What You Should Know?
What is a “peace bond”? A peace bond is a court order that mandates an individual to maintain peace and exhibit good behaviour for a specified period. A negotiated peace bond can be a viable option when trying to resolve more serious criminal charges such as assault. In Canada, particularly
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Impaired Driving Penalties And Costs In 2023: What You Need To Know (UPDATED)
Impaired driving continues to be a critical issue in Canadian political and legal discourse. As of 2023, Canada’s road network spans almost 900,000 km, longer than a round trip to the Moon. There are about 8 million registered passenger vehicles in the country. In 2018, light-duty vehicles accounted for 92.3%
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Brampton judge tosses organized crime-linked gambling case over ‘egregious’ 12-day wait for bail hearing
https://www.thestar.com/news/gta/brampton-judge-tosses-organized-crime-linked-gambling-case-over-egregious-12-day-wait-for-bail/article_6f015e18-4b5c-5d4b-a5fe-c396e45d2f64.html
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Understanding Your Rights: A Guide for Criminal Defendants in Toronto
The Canadian justice system affords criminal defendants with several rights. If you have been charged with a criminal offence, you should be aware of these rights. This article is meant to be a summary of those rights only. If you are facing criminal charges and have questions about your rights,
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The Top 5 Things to Know About Bail Hearings in Toronto
1. Pursuant to s. 515 of the Criminal Code, in most cases, you are presumed to be releasable unless the Crown can convince the Court otherwise. If you have been charged with an offence and have been taken into police custody, then you will require a bail hearing to ensure
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Boris Bytensky LL.B
Partner at Bytensky Shikhman Criminal Law Firm
Boris Bytensky received his LL.B from Osgoode Hall Law School and proceeded to summer, article and associate at a prestigious Bay Street firm before starting his private practice.
Sonya Shikhman LL.B
Partner at Bytensky Shikhman Criminal Law Firm
Sonya Shikhman holds an Hon B.A. in both History and Law & Society from York University and received her LL.B. from Osgoode Hall Law School.
Brittany Smith J.D.
Associate at Bytensky Shikhman Criminal Law Firm
Brittany Smith graduated from the University of Guelph in 2013 with an Honours Bachelor of Arts in Criminal Justice and Public Policy.
Kathryn Doyle J.D.
Associate at Bytensky Shikhman Criminal Law Firm
Kathryn graduated from the University of Ottawa in 2016 with an Honours Bachelor of Health Sciences and returned in 2017 to obtain her Juris Doctor.