Michael Oykhman
Conditional Sentence Orders (CSO) in Canada
What is a Conditional Sentence Order (CSO)? A Conditional Sentence Order (CSO), commonly known as house arrest, is a jail sentence that the judge allows to be served in the community. Whether a CSO is available to a convicted person is a multi-step analysis: First, the court considers whether a term of imprisonment of 2 years less a day would be an appropriate sentence; ...
Jail Sentences in Canada
Section 718.2(e) of the Criminal Code of Canada (the “Code”) requires that imprisonment be a sentence of last resort. This means that all other available sanctions must be considered prior to imposing jail time. Before sentencing an offender to a term of imprisonment, the court must consider sanctions such as: Fines; Probation orders (suspended sentences); and Conditional sentence orders (house arrest). When no other ...
Fines for Criminal Charges in Canada
What is a Fine? The penalties for criminal charges vary greatly depending on the type of offence committed and the circumstances of the offender. One possible penalty you may receive is the requirement to pay the government a specified amount of money (a fine). This may be the sole penalty you receive, or it may be imposed in addition to another penalty, such ...
Criminal Sentencing in Canada
What is Criminal Sentencing? Criminal sentencing occurs after you enter a guilty plea or after the judge or jury has found you guilty of a criminal offence. During the sentencing process, the judge hears from the Crown Prosecutor and the defence as to what the appropriate sentence should be, and why. In assessing the positions put forward by the Crown and defence, the ...
Probation/Suspended Sentences in Canada
What is Probation/A Suspended Sentence? Following a guilty verdict, the court may decide to put off imposing a sentence, and instead, release the offender on a probation order for a set period of time. This means that the released individual will have a specified list of conditions which they will be required to comply with during that time. They will also be ...
The Stages of a Criminal Trial in Canada
While 90% of criminal cases in Canada are resolved prior to trial by way of a guilty plea, trials are still a common and critical part of our criminal justice system. A trial is a formal court process by which a judge or jury determines your legal guilt or innocence. If you are found guilty at trial, a sentencing hearing will then occur to ...
Mental Health Diversion in Canada
What is Mental Health Diversion? Disclaimer: Mental health diversion can vary significantly by province. For location specific information, please select the location nearest you and consult the mental health diversion page. Alternatively, contact one of our dedicated criminal defence lawyers in your area. In any given year, approximately 1 in 5 Canadians will experience a mental health problem or illness. ...
Top 5 Immediate Roadside Sanction (IRS) Defences in Alberta
You only have 7 days to launch a review of your license suspension. IRS SafeRoads challenges are handled virtually across Alberta. This allows us to conduct defences from our centralized offices in Calgary or Edmonton. You do not need a lawyer in your jurisdiction where the incident occurred. If you are reading this article, chances are that you or someone you know has ...
