Can I Appeal My Criminal Conviction?
If you have been convicted of a criminal offence, you have the right to appeal that conviction. However, the purpose of an appeal is not to retry your case. The Court of Appeal can only set aside your conviction based on one of the following grounds:
- The verdict was unreasonable and could not be supported by the evidence;
- The judge made an error of law;
- There was a miscarriage of justice.
There are essential timelines that must be followed if you wish to appeal your conviction: you must file your appeal within 30 days from the date of your sentence. Although you may ask the Court of Appeal to allow you an extension of the 30-day time limit, it is strongly recommended to file your appeal within 30 days of your sentence as there is no guarantee an appeal court will grant you an extension.
Appealing a conviction is a difficult process. However, having a criminal record can drastically impact your life. If you have been convicted of an offence and wish to appeal the conviction.
Contact us to see how we can help; your first consultation is free.
Toll-Free: 1-877-860-7575
Can I Cross The Border With A Criminal Record?
This is a difficult question with an often complicated answer. Having a criminal record may impact many different areas of your life; employment, family, travel and more.
When you cross the border, you are no longer bound by the laws of Canada. There are much more intrusive rules that govern whether you will be accepted into the USA. It is a good idea to be informed of your rights and obligations before buying that plane ticket to Disneyland.
Will Getting a Pardon Help?
Record suspensions (formerly called “pardons”) may not necessarily guarantee that you get to cross the border. You may be questioned about the crime you committed and what the outcome was. On the other hand, some people may not be asked about their criminal record and may be able to cross the border for years only to be stopped, questioned, and denied entry out of the blue.
You may choose to seek a waiver from US customs ahead of time. If there was a penalty associated with your court appearance, even if you obtained a discharge, you may still have to seek admissibility. This can be a difficult process and may involve you having to obtain reference letters, get your fingerprints taken, fill out the necessary paperwork, and provide evidence of your tax return, and more.
Going through the border can be a difficult experience.It may be in your best interest to speak with a lawyer if you are thinking about crossing the border with a criminal record. We are here to help.
Contact us to see how we can help. First consultations are free.
Toll-Free: 1-877-860-7575
What is a Peace Bond?
Sometimes, the prosecutor may offer to drop a charge against you (a “stay of proceedings”) if you agree to enter into a peace bond.
A peace bond is not a criminal conviction. It is a restraining order under section 810 of the Criminal Code that prevents you from doing certain things such as:
- Not having contact with certain people
- Not going to a certain location
Generally, it will last for one year, and assuming there are no breaches during that year, that would be the end of it. It does not result in a criminal record, but it is an entry in your file. It does not require a guilty plea, but an acceptance of responsibility for your involvement in what happened.
Although a peace bond does not result in a criminal record, a breach of any of the terms of the peace can result in a permanent criminal record. A peace bond could also show up on certain criminal record checks and could affect your employment or ability to travel or your immigration status.
If you are considering entering into a peace bond or had questions as to the impact a peace bond may have on your life, please contact us to see how we can help.
If you require any help, please contact us – first consultations are free.
Toll-Free: 1-877-860-7575
How Do I apply For a Pardon?
If you were convicted of an offence several years ago, but you abide by the terms of your sentence and have stayed out of trouble, you might wish to try to apply to have your criminal record cleared.
The Parole Board of Canada is the organisation responsible for record suspensions. The RCMP will seal your criminal record upon notification that a record suspension has been granted by the Parole Board of Canada.
Recently, the government changed the process for pardons, and they are now called “record suspensions.” In order to apply for a record suspension, you must make an application to Parole Board of Canada. As part of your application, some of the following factors are considered:
1. The date of your conviction
2. The offence you were convicted of
3. Whether you have been convicted of more than one offence
4. Your behaviour in the community after you conviction
Even driving infractions such as speeding or driving without a license can impact on your ability to receive a record suspension. For you best chance of success, you must be on your best behaviour.
Most people will be able to apply for a record suspension without the need to hire a lawyer, and you can find the necessary forms and guides online. Be aware of anyone charging high fees for this service, as with a little research and time, you should apply to make the application on your own.
However, if you require any help, please contact us – first consultations are free.
Toll-Free: 1-877-860-7575
Is Marijuana Legal in Canada?
Is Marijuana Legal in Canada?
There is a common misconception that marijuana is now legal in Canada; however, this is not correct. Cannabis remains an illegal substance under the criminal law, and unless otherwise regulated for production and distribution for medical purposes, you are liable to criminal charges. Possessing and selling marijuana for non-medical purposes is still illegal everywhere in Canada.
Stores that are selling marijuana known commonly as 'dispensaries' are not licensed by Health Canada under the current law and are not legal. Although current media reports and everyday conversation may suggest otherwise, until the laws are changed, marijuana possession and sale remains illegal.
However, the legal status of marijuana in Canada is quickly changing as laws are being challenged in the courts, and there is a suggestion that possession of marijuana may soon be legal in Canada. These changes can be confusing and lead to misinformation.
Contact us to see how we can help. First consultations are free.
Toll-Free: 1-877-860-7575
Delayed Criminal Case
What Happens If Your Criminal Case Delays?
Sometimes, if a criminal case takes too long to get to trial, and it is not the fault of the accused, the court will say “enough is enough” and dismiss the charge. This is because the Canadian Charter of Rights and Freedoms guarantees the right to a trial without delay. This is a matter of fundamental fairness to the accused. Previously, when faced with the decision of whether to dismiss a criminal case or not because of delay, a court would engage in a detailed examination of the timeframe starting from when the accused was charged and ending with the trial date. Frequently, this examination would lead to unpredictable and varying results.
On July 8, 2016, the Supreme Court of Canada revisited the law surrounding delay and criminal cases and attempted to replace the unpredictability of the old process with a new straightforward approach. In the case of R. v. Jordan 2016 SCC 27, the court set the following guidelines:
1. The presumptive ceiling for getting to trial is 18 months for cases tried in the provincial court
2. The presumptive ceiling for getting to trial is 30 months for cases in the superior court
3. Delay attributable to or waived by the defence does not count towards the presumptive ceiling
4. Once the presumptive ceiling is exceeded, the burden is on the prosecution to show why the charge should not be dismissed
5. If the prosecution cannot do so, a stay will follow
This new approach will greatly clarify and provide predictability to future cases. Although all cases are unique, and reasons for delay will always vary, the Supreme Court has provided clear guidance and established a new test that is now the law in Canada.
Contact us to see how we can help. First consultations are free.
Toll Free: 1-877-860-7575