What We Defend
An individual is guilty of assault when they apply force to another person, either directly or indirectly, without that person’s consent. Where an assault is more serious, an individual may be charged with assault with a weapon, assault causing bodily harm or aggravated assault. An individual is guilty of assault with a weapon when they use or threaten to use a weapon or imitation weapon during the commission of an assault. An individual is guilty of assault causing bodily harm where they, in the commission of an assault, cause physical injury to the complainant or choke, strangle or suffocate the complainant. An individual is guilty of aggravated assault when they maim, disfigure, wound or endanger the life of the complainant.
An individual has committed the offence of child luring when they use an electronic or telecommunication device to communicate with a person under the age of consent for the purpose of facilitating an enumerated sexual offence. Examples of enumerated offences include; sexual assault, sexual interference, child pornography and invitation to sexual touching.
An individual has committed the offence of possessing child pornography when they possess photographic, video, audio, film, visual representation, or written materials that depict, councils, encourages or advocates for an individual under the age of consent to engage in sexual activity with a person over the age of eighteen. An individual has committed the offence of making child pornography when they publish, print, make or possess for the purposes of publication any materials deemed to be child pornography.
In individual is guilty of domestic assault when they apply force, either directly or indirectly, to someone whom they are in an intimate relationship with, without that person’s consent. An individual who has assaulted their domestic partner will be charged with common assault, assault causing bodily harm, aggravated assault or assault with a weapon. The fact that the assault occurred in a domestic relationship will be considered an aggravating factor in the case.
An individual is guilty of the offence of fraud when they, by deceit, falsehood or other fraudulent means, defrauds the public or any other individual of money, goods, services, belongings or property. An individual who commits fraud not exceeding $5,000 will be charged with fraud under $5,000. An individual who commits fraud exceeding $5,000 will be charged with fraud over $5,000.
In Canada there are three different driving under the influence offences; over 80, impaired driving and refusal to comply. An individual has committed the offence of over 80 when they have been operating, or in the care and control of a vehicle while their blood alcohol level is over the legal limit. An individual is guilty of impaired driving when their ability to operate a vehicle has been impaired by drugs or alcohol or a combination of both. An individual is guilty of refusal when they refuse to comply with an officer’s lawful demand for a roadside breath sample.
An individual is guilty of the offence of indecent act when they commit an indecent act in front of one or more other people, in a public place or in any other place with the intention to offend another person. The Court will determine on the case-by-case basis whether an act can be considered indecent. An individual is guilty of indecent exposure when they expose their sexual organs, for a sexual purpose, to an individual under the age of consent.
An individual has committed mischief in relation to property when they willfully damage, destroy or render property useless, inoperable, dangerous of ineffective, or interrupts the lawful use, enjoyment or operation of property. An individual has committed mischief in relation to computer data when they willfully alter, render meaningless, ineffective or useless, or obstructs or interferes with the lawful use of computer data, or denies access to a person who it entitled to access the data.
An individual has committed sexual assault when they make contact with another person’s body, without that person’s consent, and the contact violates with the sexual integrity of the complainant. This definition covers a wide spectrum of interactions. An individual may be charged with sexual assault for an unwanted kiss on one end of the spectrum and a violent rape at the other end of the spectrum.
An individual has committed the offence of sexual interference when they touch, for a sexual purpose, either directly or indirectly, with a part of one’s body or with an object, any part of the body of a person under the age of 16. An individual under the age of 16 is not legally capable of consenting to sexual activity with an adult. As a result, any adult who engages in sexual activity of any sort with a minor will be guilty of sexual interference.
An individual has committed theft when they fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his own or another person’s use, any item or thing, whether inanimate or animate, with the intent to deprive the lawful owner, or someone with a special property interest in it, or part with it under a condition which may not be possible to fulfill, or pledge it as security or deposit, or deal with it in a manner that it cannot be restored to the condition it was in when it was taken. An individual who steals something valued at less than $5,000 will be charged with theft under $5,000. An individual who steals something valued at more than $5,000 will be charged with theft over $5,000.
An individual has committed the offence of voyeurism when they surreptitiously observe or record another individual in a circumstance that gives rise to a reasonable expectation of privacy, if one of the three following circumstances exists: the individual is in a place in which they can reasonably be expected to be naked, to be exposing their genitals, breasts or anus or engaging in sexual activity, where the person is naked or exposing their genitals, breasts or anus or is engaging in sexual activity and where the observing or recording is done for the purpose of observing or recording an individual in such a state, or where the observation or recording is for a sexual purpose.