Michael Oykhman
Would Will Smith be charged with assault if he slapped Chris Rock in Canada?
Award-winning actor Will Smith shocked the crowd (and the world) at the 2022 Oscars when he slapped Chris Rock after the comedian made a joke at the expense of Smith’s wife, Jada Pinkett Smith. The joke was about Pinkett Smith’s baldness—which is caused by the medical condition alopecia. While it is reported that Rock decided against filing a police report, the event led many ...
Youth Extrajudicial Measures and Sanctions in Canada
What Are Youth Extrajudicial Measures and Sanctions? The Youth Criminal Justice Act (the “Act”) has special provisions that allow the police and Crown to address certain matters without using the formal youth criminal court system, known as extrajudicial measures. Extrajudicial measures were created with the intention of holding youth accountable, while encouraging them to repair any harm caused to the victim or community. ...
Alternative Measures Program (AMP) in Canada
What is the Alternative Measures Program (AMP)? The Alternative Measures Program (AMP) is a way for you to accept responsibility for your actions without being found guilty of a criminal offence. In effect, the program ensures that you avoid a conviction by diverting the matter out of the criminal justice system. This means that you will not receive a criminal record for the offence, ...
How to beat a DUI or Impaired Driving Charge
Disclaimer: Please note that the defences outlined on this page relate primarily to Driving Over the Legal Limit charges arising from breath tests. Blood sample cases, and other possible driving alcohol/drug related charges, including, Drug DUI, Refusal, and Fail to Comply with Demand, are beyond the scope of this article. For those charges, please visit the web pages specifically dedicated to those charges, or ...
Diverting Charges Outside of the Criminal Justice System
What is Diversion? Although the conventional options for a person charged with an offence are to plead guilty or not guilty, there are several other options you should be aware of. Quite often the lowest form of offences, such as mischief, theft, fraud, possession of stolen property, assault, and drug possession can be diverted out of the criminal justice system. In the right circumstances, more serious charges such as ...
What is dangerous driving?
Dangerous driving is a charge that you can receive when you are caught operating a motor vehicle, a sea-going vessel, aircraft or railway equipment in a manner that is considered to be dangerous to the public. In order to convict you of dangerous driving, the Crown Prosecutor will need to prove each of the following elements beyond a reasonable doubt: You were operating a ...
Election and Plea in Canada
What is an Election? Whether you are released from custody on a bail order, or detained in custody, navigating the criminal justice system can be extremely daunting to do alone. There are numerous steps to the life cycle of a criminal charge within the court system. Some of these steps you’ve surely heard of and may even have some familiarity with, while others are ...
Pre-Charge Legal Advice in Canada
What is precharge legal advice and why is it important? Pre-Charge legal advice involves the consultation of a criminal lawyer at the early stages of an investigation. If you have been involved in illegal activity or the police have identified you as a suspect of a crime, you should not wait until you are arrested to speak to a lawyer. Rather, ...
