Zamani Law Blog

What is Provocation in Criminal Law?

Murder is one of the most serious offences under the Canadian Criminal Code. The consequences upon conviction are quite severe and lifelong and often include lengthy incarceration periods. As with any offence, there are possible defences to the charge of murder, including self-defence, insanity, and provocation. Therefore, no matter how...

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How to Get a Record Suspension in Canada

You made a mistake, got convicted for it, and served your sentence. But, what next? Can you build a life without your past haunting you? If you or someone you know has a criminal record, you know how frustrating it can get when trying to procure work, start a business,...

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Criminal Exploitation

What is Criminal Exploitation? Criminal exploitation, or “modern-day slavery,” is the act of exercising control or influence over the actions and movements of other individuals for the purpose of exploiting them or facilitating their exploitation. Most exploitation victims are led to provide free labour, engage in sexual activities, run drugs,...

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How Long Does DUI Stay on Your Record in Canada

Human is to err, and this still holds when it comes to criminal acts. However, a mistake should not create obstacles for the rest of your life, which is why the Canadian government offers convicted persons a second chance through record suspension. This applies to most criminal offence records, including...

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How to Get a Criminal Record Suspension in Canada

Criminal convictions can seem like the end of the road for convicted persons in terms of career, employment, travel, and other matters of their life. Although, sadly, this is usually the case for some people, the government gives a second chance to those who prove that their criminal life is...

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Failure To Appear In Court

Failure to Appear in Court

What Does a Failure to Appear Charge Mean? When facing criminal charges, you must appear in court as required. The time, date, and the court you’re expected to present yourself in are usually stipulated in the documents provided by the police or court during your release. This document may be...

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Police

When Can Police Enter Your Home

What are my rights in my own home? Can the police burst the door open and stroll right in when they want to? The subject of the rights and privacy you’re entitled to in your home and property is a vast matter that affects cases in various ways. For reference,...

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Books On The Shelves

Defending Sexual Assault allegations in Canada

Defending sexual assault allegations involves understanding the essential components of the charge to determine whether or not the allegations can be supported by evidence in court. The Crown must prove each of the elements of sexual assault, as set out in the Criminal Code of Canada. This is called making...

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Coronovirus

COVID-19 Bail Roundup

The COVID-19 pandemic, caused by the SARS-CoV-2 virus has drastically changed the way we live and work. Those changes have touched almost every aspect of normal day to day dealings. That includes the justice system, and applications for bail. A number of important cases dealing with bail in a post-COVID19...

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Shocked Girl

Extortion Offence: A Primer

We’ve all heard about blackmail. It appears in movies, games, and literature. But, the reality is that there is no ‘blackmail’ offence in Canada’s Criminal Code. Instead, under section 346, we have the offence of ‘extortion’. Extortion punishes those who, through threats, accusations, menaces, or violence, induce or attempt to...

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Criminal Code incidents

Theft: Canada’s #1 Crime

In 2017 the police reported over 1,900,000 Criminal Code incidents. The most common offence of all was theft of personal property under $5,000[i]. The theft of personal property made up 34% of reported crimes. Theft of household property made up another 12%, and theft of a motor vehicle or parts...

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A Bit Of A Background On Bail

A Bit Of A Background On Bail

Bail is a hot topic. Before you go to jail, you may first get bail. In fact, you have a right to it under section 11(e) of the charter. Any person charged with an offence has the right not to be denied reasonable bail without just cause . ‘Just cause’...

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