What We Defend
A criminal assault occurs when an individual directly or indirectly uses force against another person without that person’s consent. In addition to simple assault, an individual may be charged with assault causing bodily harm if they choke, strangle, suffocate or cause physical injury to the victim. An individual may be charged with assault with a weapon if they use or threaten to assault the victim with a weapon. An individual may be charged with aggravated assault if they cause serious physical injury to the victim, including maiming, disfiguring, wounding or endangering the life of the victim. The penalties for assault offences range from a maximum of two years less a day imprisonment and/or a $5,000 fine if Crown proceeds summarily and a maximum of fourteen years’ imprisonment where the Crown proceeds by indictment.
An individual commits the offence of child luring when they use a computer or any other telecommunication device to communicate with an underage person for the purpose of facilitating a sexual offence. Child luring is a serious sexual offence and is prosecuted harshly in Peel Region. An individual who is convicted of child luring in Brampton will face a maximum of two years less a day imprisonment and/or a $5,000 fine where the Crown proceeds summarily and a maximum of fourteen years’ imprisonment where the Crown proceeds by indictment.
An individual is guilty of possessing child pornography when they have in their possession a photographic, film, video, visual representation, audio, or written material that shows, encourages, councils or advocates for a person under the age of consent to engage in sexual activity with a person over the age of eighteen years old. An individual commits the offence of making child pornography when they make, publish, print or possess for the purposes of publication, any child pornography. Individuals convicted of possessing or making child pornography often face jail time, especially in Peel Region where sex offences are prosecuted vigorously by the Court.
Domestic assault does not have its own section in the Criminal Code. Rather, those who commit an assault in an intimate relationship will be charged with assault. Though domestic assault is not a distinct charge, the fact that the assault occurred in an intimate relationship will be an aggravating factor in the case. Crown’s in Ontario and particularly in Brampton prosecute domestic assault charges vigorously and often advocate for more serious penalties for those who are convicted.
Fraud related offences are common in Peel Region. An individual commits fraud when they, by deceit, falsehood, or other fraudulent means defrauds the public or another person of money, belongings, property, goods or services. Fraud charges are grouped into two categories, fraud under $5,000 and fraud over $5,000, based on the monetary value of the fraud. Generally, the higher the value of the fraud, the more vigorously the case will be prosecuted and the more severe the penalty imposed will be upon conviction.
There are three general areas of impaired driving offences in Canada. These include; over .80, impairing driving and refusal to comply. An individual is guilty of the offence of over .80 if they are found to have been operating, or in the care and control of a motor vehicle, while their blood alcohol content has more than 80mg of alcohol per 100ml of blood. An individual is guilty of an impaired driving charge where they are found to have been operating a motor vehicle, or in the care and control of a motor vehicle, while their ability to operate that vehicle is impaired. An individual can be charged with impaired driving even while their blood alcohol content is lower than the legal limit or if they are impaired by drugs, including legal prescription medications. Finally, an individual is guilty of a refusal to comply when they refuse to comply with an officer’s lawful demand for a roadside breath sample.
An individual commits the offence of indecent act when they commit an indecent act in a public place or in the presence of one or more other people, or in any other place where the act was meant to offend or insult another person. The Criminal Code does not give a specific list of acts that are considered indecent. Whether or not an act will be considered indecent will be determined on a case-by-case basis. Indecent exposure occurs when an individual exposes their sexual organs to a person under the age of sixteen for a sexual purpose. Both indecent act and indecent exposure are considered sexual offences and prosecuted vigorously in Peel Region.
An individual commits the offence of mischief when they intentionally destroy or damage property, render property useless, inoperable or dangerous, render property ineffective, or interrupts or interferes with the lawful use of property, or the enjoyment or operation of property. An individual may also be guilty of mischief for intentionally altering computer data, rendering computer data meaningless, useless or ineffective, or obstructing, interfering or interrupting the lawful use of computer data or a person’s use of computer data, or denying access to computer data to a person who is entitled to access. An individual who damages cultural property, religious property, an educational institution, or a war memorial will face heightened penalties upon conviction. Additionally, an individual who commits mischief and, in the process, endangers human life will face up to life in prison.
An individual is guilty of sexual assault when they make contact with another person’s body, that is sexual in nature, without the other persons consent. The offence of sexual assault encompasses a wide variety of conduct. A sexual assault can be anything from an unwanted touch on a person’s behind in a bar to forcible rape. Being charged with sexual assault in Peel region is very serious and can have serious implications for offenders, including jail time and having to register as a sex offender for ten years to life.
An individual commits sexual interference when they touch, for a sexual purpose, either directly or indirectly, with a part of their body or an object, any part of the body of a person under the age of sixteen. In Canada, the age of consent is sixteen years old. This means that a person under the age of sixteen cannot legally consent to sexual activity of any sort with an adult. Even where the underage person was agreeable to sexual activity, or even initiated the sexual activity, the adult who engages will be guilty of sexual interference. Those convicted of sexual interference in Peel Region are often sentenced to custodial sentences and must register as sex offenders.
An individual is guilty of the offence of theft when they fraudulently and without colour of right takes, or fraudulently or without colour of right converts to his use or another person’s use, any item, whether animate or inanimate, with the intent to deprive the owner or someone with special property rights of it, to pledge it as a deposit or security, to part with it under a condition regarding its return that may not be possible and to deal with it in such a manner that it cannot be restored to the condition in which it was taken. An individual who shoplifts will be guilty of the offence of theft. Theft offences are grouped into two categories depending on the value of the items taken. Individuals who steal items valued at less than $5,000 will be charged with theft under $5,000 and individuals who steal items valued at more than $5,000 will be charged with theft under $5,000.
An individual is guilty of the offence of voyeurism when they surreptitiously observe or record by mechanical or electronic means, or make a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if one of the following three circumstances exists; the person is in a place in which they can reasonably be expected to be nude or to expose their genitals, anal region or breasts or be engaged in sexual activity, where the person is nude or exposing their breasts, genitals or anal region or is engaged in sexual activity and the observation or recording by the accused is done for the purpose of observing or recording the individual in such a state or engaging in sexual activity, or where the accused records or observes for a sexual purpose. The Crown must only prove that one of these circumstances existed for the accused to be found guilty of voyeurism.