In Canada, there are 2 categories in which criminal offences are divided: Indictable Offences and Summary Offences. It becomes important to classify an offence as either indictable or summary as this classification can affect the following: Whether the limitation period to charge you with an offence applies; The sentence that may be available for you; ...
Preliminary inquiries are available for indictable offences which carry a maximum penalty of 14 years or more. In a preliminary inquiry, the judge must determine whether the Crown has presented a prima facie case. A prima facie case means that the Crown has to present enough evidence to support a guilty verdict. If the...
In situations where you are being charged with a crime, it is important that you know what your rights are. The Canadian Charter of Rights and Freedoms (‘The Charter’) provides individuals with many rights which you should be familiar with: S.8 of the Charter provides that everyone has the right to be secure against...
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