It is close to last call at a pub in Whalley. A patron has had too much, an argument starts at the bar, and a staff member tells him it is time to go. He pushes back. Thirty seconds later he is face down outside the door with a doorman's knee on his back, and a few minutes after that, police are deciding who gets charged.
In Canada, online bullying, threats, and/or cyberstalking are serious business and can be prosecuted as equal to if you had said the same thing out loud and in person. Online threats are not in their own category, but under the Criminal Code of Canada they may violate any one of multiple specific provisions, alone or in combination. In today’s blog we are going to look at some of these possible provisions.
Under Section 34 of the Criminal Code, self-defence is always a legal defence strategy provided that certain criteria are met. In other words, self-defence is not as freely used in Canada as it is by our neighbours to the south governed by US law. In today’s blog article we are going to briefly discuss the nuances of self-defence as used in Canada for criminal defence.
Regarding the question in the title of this blog article, if the complainant in a criminal matter wants the charges dropped against the accused, nothing happens instantly. What may happen over time is complicated, and that is what we are going to discuss today.
People facing an assault charge usually focus on the immediate question: will there be jail. It is the right question to ask, and it is rarely the one that shapes the next twenty years.
The question in the title of whether an assault charge will give you a criminal record is a complicated one that does not have a clear, black and white answer. In today’s blog we are going to discuss this unclear area of court proceedings.
If you are falsely accused of assault (or another crime) a number of things may happen or not happen. Under Canadian law we are presumed innocent until or unless proven guilty in a court of law. In today’s blog article, we are going to discuss being falsely accused.
No-contact orders mean what you might think: the specified person must not contact another specified person at all, in any way for some period of time. There may be exceptions or conditions to orders like this, such as contact through a designated intermediary for a specific purpose such as visiting children.
An assault charge is frightening for anyone. In families where English is a second language, where three generations share one home, and where a court date becomes community news, the pressure lands differently.
Yes, there have been rising domestic assault accusations across Canada. Determining what is behind the increase is not clear. It is likely the confluence of many factors that is behind the increase. In today’s blog article we are going to outline what we believe are the main factors behind the increase.
Recording incidents on your smartphone can affect a criminal case in many ways. There are, however, a number of considerations and complexities that must be explored before potentially using these recordings in court.
Bystanders and witnesses can have a strong influence on a case for one side or the other. In today’s blog article, we are going to look at the complexities of having multiple bystanders and/or witnesses to a crime.
If an assault happens in British Columbia—and there are many different types of assault—it does not matter if it happens at a bar or a party or in the street or at home. Assault is assault. So, when we talk about what your rights are, it depends on whether you are the victim of an assault or the person who perpetrated or is accused of perpetrating the assault. Let’s look at those two cases one by one.
First of all, under Canadian law, domestic assault is not in a special category. There are many types of assault, but domestic assault simply means one of the designated categories that already exist as it applies to family members. In other words, any type of assault may also be domestic assault.
In Canadian law, “weapon” has a broad definition. The definition relies on what something was used for or what the intent was behind using something (as a weapon). In other words, if an aggressor threatens to use something to cause injury or harm or did use something to cause injury or harm or threatened to use something to cause injury or harm or the victim reasonably believed that something was going to be used against him or her to cause injury or harm, then it may be defined as a weapon.
The intersection of criminal law, mental health, and substance use is one of the most complex areas of the Canadian justice system. When an individual faces an assault charge in Surrey or anywhere else in British Columbia, the circumstances surrounding the incident are rarely black and white. Often, underlying struggles with mental illness or addiction are woven into the fabric of the event.
Understand the legal implications of assault at school for parents and teens in Surrey, BC. Learn about charges, consequences, and when to seek criminal defence legal counsel.
In Canada, Assault With a Weapon refers to the criminal offence in section 267(a) of the Criminal Code of Canada. It is a crime that is more serious than plain assault (and carries a heavier penalty) but not as serious as aggravated assault. So, assault with a weapon lies somewhere between these other two offences.
Criminal harassment is defined in the Criminal Code of Canada under section 264. Some people would refer to it as stalking. Criminal harassment is when someone continually bothers someone else making that person fear for their safety or the safety of someone else known to that person.
In Canada, “domestic assault” is not a specific legal term. It merely means some type of assault against a current or former intimate partner or family member. And remember that there is a long list of types of assaults including, but not limited to, sexual assault, assault with a weapon, and aggravated assault.
How do alcohol and self-defence impact an assault case in Surrey, BC? Understand the legal complexities and defence strategies for these serious charges.
Explore the most common defenses used in assault cases in Canada, from self-defense to challenging intent. Understand your rights with insights from a Surrey, BC criminal defense lawyer.
Understand consent and sexual assault laws in simple language. Learn about legal definitions, misconceptions, and your rights in Surrey, BC, with expert criminal defence insights.
Discover how online arguments on social media can lead to serious criminal charges in Surrey, BC. Understand legal risks and protect yourself with expert criminal defence.
Assault with a weapon is a serious criminal charge in Surrey, BC, and one that carries consequences far heavier than many people expect. If you or someone you know is facing this charge, or if you simply want to understand what it means, you are in the right place. The law does not require a firearm or a knife. In fact, the definition is broader than most people realize.
One of the most common misconceptions in Canadian criminal law is that victims control whether charges are laid. Many people in Surrey believe that if the person who called the police changes their mind, the whole thing goes away. That is not how it works. In Canada, the decision to prosecute belongs to the Crown, not the complainant.
Assault causing bodily harm is one of the more frequently charged offences in British Columbia, and it is far more serious than many people initially assume. If you are facing this charge in Surrey or anywhere else in the province, understanding what it actually means and what is at stake can change how you approach your defence.
A night out in Surrey can go sideways fast. What starts as a disagreement outside a bar on 104 Avenue or a confrontation in a Whalley parking lot can end with police involvement, an arrest, and a criminal charge that follows you for years. Most people in that situation never saw it coming. They thought it was just a fight.
A single phone call to the Surrey RCMP can change the course of a person’s life forever. In Canada, the legal system is designed to take reports of violence seriously, which is necessary for public safety.
However, this same system can be weaponized. When an individual makes a false accusation of assault, they aren’t just making a statement to the police. They are setting off a chain reaction that can dismantle a person's career, social standing, and deepest family bonds.
Facing an assault charge in Surrey can feel like the world is closing in on you. You might be worried about your job, your family, or your ability to travel. Many people assume that once the police are involved, the process is automated and a conviction is inevitable.
That is not the case. In the Canadian legal system, and specifically within the British Columbia court system, charges are stayed or dropped more often than you might think.
When the police arrive at a scene in Surrey, emotions are usually running high. Whether it is a late night altercation outside a bar on 104 Avenue or a heated dispute in a residential driveway, the officers are tasked with making a high stakes decision in a matter of minutes.
Navigating the Canadian legal system can feel like walking through a maze without a map. If you or someone you know is facing a charge in Surrey, the terminology alone is enough to cause a headache. You might hear people talk about domestic assault as if it is a completely separate crime from common assault. In reality, the distinction is more about the context of the relationship than the physical act itself.
