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Toronto Criminal Law Blog

What Are Your Rights When You Are Detained Or Arrested: Part One

Whatever the circumstances, being arrested or detained by the police is stressful. Regardless of what lead to the situation that resulted in the arrest, you have certain rights that are protected by the Canadian Charter of Rights and Freedoms.

From understanding the difference between detainment and arrest to knowing who to contact if you are in trouble, understanding what is expected of you and what you can expect from others is critical. No one wants to find themselves facing detainment or arrest  but should it happen, it is imperative that you know what to do.

The Implications Of A Criminal Record

The concept of a criminal record can seem vague. From understanding the difference between a crime and a provincial offence to knowing who may access a criminal record, it is important to be well-informed.

A criminal record is the record of an individual’s criminal activity, provided that they have been convicted of a crime. For offenders over the age of 18, a criminal record has the potential to have lasting consequences that can affect employment, travel, and day-to-day living.

Doctor Lies To Ontario College Of Physicians And Surgeons

A Montreal-born doctor who spent a significant part of his career practicing medicine in New York City was arrested in early 2000 for the unlawful prescription of drugs without a legitimate medical purpose. It is alleged that the doctor provided opioid-addicted patients with drugs such as fentanyl and oxycodone which, in one case, resulted in an overdose death.

According to a Toronto Star investigation, in May of the same year, the doctor signed documents provided by the Ontario College of Physicians and Surgeons confirming that he was not facing any disciplinary actions. Following this act of dishonesty, the physician practiced in the province for two years before any mention of his wrongdoings caught up to him.

10 people dead, several injured in mass homicide in Toronto

A 25-year-old Toronto man is in police custody after killing several pedestrians by driving a van onto a busy city sidewalk. The recent incident, which garnered worldwide attention, left 10 Ontario residents dead and several others injured, some seriously. The accused has been charged with 10 counts of first degree murder and 14 counts of attempted murder.

Authorities are still investigating the incident, which happened on one of the busiest streets in the country. Police forces are working together to reconstruct the exact path the rental van took on its rampage. They want to find out how fast the accused man was driving, where each victim was hit and other pertinent information. They are also continuing to talk to witnesses and to the victims who are able to talk.

Understanding Ontario's marijuana laws and potential changes

Since each province will ultimately be responsible for establishing its own rules, things could especially be confusing in cities and areas that are located on the borders of multiple provinces. Some speculate that cross-border trips might become frequent if marijuana laws are much less restrictive in a neighboring province.

Man in arranged marriage charged with sexual assault of wife

A Toronto man in an arranged marriage is on trial for allegedly assaulting his wife. He has been charged with 10 counts of sexual assault, one count of uttering threats and three counts of assault. His parents, who are also Ontario residents, are also facing charges of uttering threats, with his mother also being charged with assault. All have pleaded not guilty.

The marriage between the accused and his wife in 2015 was arranged, and his wife claims her husband forced her to have sex twice on their wedding night. Through an interpreter, the woman told the court that the situation went from bad to worse, including being raped many times and living with violence, threats and abuse -- not only from her husband, but from his parents as well. The woman and her family had been living in another province when the accused invited them to Ontario. After being together for about 15 minutes, the accused asked the woman to marry him and she agreed, each giving the other a gift to seal the deal.

Sexual assault: Questioning the honesty of accusers

Many people are standing up and speaking out about assault, while others are questioning whether all the accusations are on the up and up. Accusing someone of sexual assault is not to be taken lightly, but -- as certain instances have shown -- accusers can't always be believed 100 per cent either. In fact, an Ontario female police commissioner has groomed her force to not always believe alleged sexual assault victims. 

Police, the commissioner said, should act as investigators while at the same time respecting the supposed victims. She said the first line of business for police who are investigating allegations of sexual assault is not to presume the victim is telling the truth since doing so could impede the criminal justice process. The United Kingdom even frowns on using the term 'victim,' since it can infer that a crime has unquestionably taken place. 

Ontario homicide investigation leads to 2 arrests

Two men are in custody and authorities are looking for a third in connection with a high-profile murder case.  The men -- 19 and 22 years of age -- have been charged with the homicide of a 26-year-old Ontario man while he was approaching his parked car. Police are searching for the man who they say drove the get-away vehicle.

The two men were recently arrested after cops searched five residences pursuant to search warrants. Police say the victim, who was an electrical engineer, was allegedly approached by the accused as he was making his way to his car, which was parked on the roadside. Cops believe the shooting may have been associated with an ongoing turf war and that the victim was part of a retaliation shooting. 

Violent crimes: 2 arrested in armed home invasion in Ontario

Two men, ages 23 and 30, have been arrested in connection with a recent home invasion in Windsor. Armed invasions such as this one, are considered to be violent crimes in Ontario. The men allegedly used a firearm to force four people into a bedroom where they demanded money and other goods. The authorities claim that both were wearing ski masks and one was carrying a gun.

One of the victims supposedly recognized one of the suspects before they fled with an amount of cash and other property. Witnesses said they spotted the pair fleeing the scene in a vehicle that police officers later tracked down. Apparently, the suspects were inside the residence and eventually came out at which time they were taken into custody without incident.

Ontario cop facing sexual assault charge

An inspector with the Peel Regional Police is in hot water. The Ontario police officer is facing a sexual assault charge after being investigated by the provincial Special Investigations Unit (SIU). The former homicide squad investigator supposedly assaulted a female police officer.

A well-known Ontario newspaper broke the story despite the fact the SIU had not made the charge public. An SIU spokesperson said it was trying to keep the identity of the alleged victim private. The unit asked the court for a publication ban, but was denied. 

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