Frequently Asked Questions
Common Bail Conditions in Mississauga
In Mississauga, it is likely that an accused’s bail conditions will be similar to in other jurisdictions. Bail conditions are orders that the accused must follow. In exchange, the accused may stay outside of jail, but any violation of these can result in a penalty. These conditions can be found in the bail papers. One of the main bail conditions that an accused will face would be a no contact order. This is an order where the accused has no communication directly or indirectly with the complainant. Indirect contact includes sending a message through any third party including mutual contacts or social media. The accused must also notify the Officer in Charge (OIC) of any changes to their address/place of employment. Another possible bail condition is a weapons prohibition, banning possession of firearms, crossbows, and even knives.
Can a No Contact Order be Placed on a Married Couple? What is Written Revocable Consent?
Yes, no contact orders can happen to married couples as well. No contact orders apply to any domestic assault charge. Even if the residence in Mississauga is owned by the accused, the accused will be removed until the no contact order is lifted. The family situation does not matter.
No contact orders may be lifted by written revocable consent. Usually, this is the only way a no contact order can be lifted while the case is ongoing. Written revocable consent is declared by the complainant of the domestic assault case. After some time has passed, the complainant of the case may wish to have contact again and may written consent to the officer in charge of the case. This means that no contact order is lifted. However, this is revocable at any time, even verbally. If the victim wishes, they may, at any time through speech or written word, render the written revocable consent null. The no contact order is then put back in place, and the accused must comply.
What If Both Couples Own Their Residence?
In the case that both the accused and the complainant owned the residence, the accused must still follow the no contact order. The accused may no longer stay at the residence for the safety of the victim. Even if the house belongs to the accused and the accused has complete ownership over the house, the accused still must leave the premises for the time being. However, this does not mean the accused has no more responsibilities to the property—bills and mortgages still must be paid.
Under these circumstances, it may be advisable to retain both a family lawyer and a criminal lawyer. A family lawyer may be able to help in the management of assets as well as other related legal matters such as custody of children or visitation rights. The family court and the criminal court will often look towards each other for guidance.
What Are the Different Types of Assault?
There are several different types of assault in Mississauga. Regular assault, or simple assault, is when a person without the consent of another person, applies force to them. This also applies to threats of an application of force, or any action that causes the other person to believe an assault was about to occur. Choking is also an offence under s. 267(c) of the Criminal Code. Choking occurs when someone attempts to choke or suffocate a person or when they attempt to choke or suffocate another person. Choking is a serious offence and carried serious penalties. Assault causing bodily harm is contained in section 267 as well and involves bodily harm that is not transient.
Assault with a weapon is when someone, while openly wearing or carrying a weapon (or an imitation of a weapon), they approach or block another person’s movement. This also applies to situation of begging or panhandling. In R v. Guzzo, 2007 ONSC 36639 (CanLII), the accused threatened his ex-girlfriend while brandishing a steak knife. In addition, he revealed a handgun on his person. He was charged with assault with a weapon, even though the weapon was not actually used.
Aggravated assault is assault that wounds, maims, disfigures, or endangers the life of the complainant. This is different from aggravating circumstances, which are situations that accentuates the severity and culpability of a criminal act. This may result in harsher sentencing. These circumstances include but are not limited to, assaulting a public transit operator, assaulting a peace officer, or sexual violence.
Is There a Limit to Victim’s Input?
Unlike in civil cases, victims have little say to what happens in a criminal assault case. Once the offender has been charged, the case becomes a case for the Crown, and the government represents the victim. The case is then stylized as R. v. Accused. There is usually input from the victim regarding contact and the no contact order.
If the accused pleads guilty, the Crown will consult with the victim regarding sentencing. At sentencing, the victim is allowed a victim impact statement detailing how their life has been affected by the assault. This may describe physical or emotional harm, property damage, or economic loss. This victim impact statement cannot be used to disparage or slander the accused. A victim impact statement is not the ultimate decider for a sentence. At the end of the day, the sentence is up to the Court and the Crown.