Michael Oykhman
Bail Hearings in Canada
If you are reading about bail, it is most likely because someone you care about has been arrested and taken into custody, or you have an upcoming date from the police and want to know what to expect. Bail may also be referred to as “Judicial Interim Release.” Both terms refer to the temporary release of an accused person while their charges progress through ...
What is a conditional discharge?
In Canada there are two types of discharges that may be available when you are found guilty of a criminal offence: Conditional Discharges and Absolute Discharges. A discharge is an extraordinary sentencing measure that will allow an accused person to avoid a criminal conviction, notwithstanding the fact that they have either pled guilty to an offence or have been found guilty of an offence. ...
What is a peace bond?
In Canada, a peace bond is an order made by a criminal court that requires an accused to comply with certain conditions for a set period of time. A peace bond can be ordered when an accused has been charged with a violent offence or is likely to commit a violent offence, and the Crown Prosecutor and the court are confident that the peace ...
What happens at a criminal appeal?
An appeal is not a new trial where you are allowed to present your defence a second time with the hope of obtaining a different result. Rather, an appeal allows you to go before a higher court to argue that on the basis of the transcript and the evidence tendered at your first trial, that it is evident the trial judge made a legal ...
Appealing a Criminal Conviction in Canada
In Canada you can appeal a criminal conviction by appealing a finding of guilt, by appealing the sentence you received, or both. However, the appeal process in Canada is complicated and requires strict compliance with a large number of rules and procedures. As such, it is very important that you immediately seek the assistance of a criminal defence lawyer if you think you would ...
What is a publication ban and when can I get one?
A publication ban is an order of the court that prohibits anyone from publishing or disseminating information, evidence, or the identity of witnesses in a trial. While in Canada the media do have a constitutional right to publish information about court cases, publication bans have been recognized as a legitimate limit to this right. A publication ban will be granted upon successful application by ...
I have already pleaded guilty or not guilty. Can I change my plea?
Generally, if you were unrepresented by counsel and have entered a guilty plea without understanding the nature of the charge or the effect of the plea, you may still be able to change your plea to not guilty before you are sentenced. Procedurally, a change of plea can be made before sentencing to the same judge who took the plea. However, in order for ...
What needs to be proven before I can get convicted of an offence?
In order for someone to be convicted of a criminal offence in Canada, the Crown prosecutor must prove beyond a reasonable doubt that the accused is guilty of both the actus reus and mens rea of the alleged offence. The actus reus of an offence refers to the actual criminal action, while the mens rea refers to the intent to commit the criminal act. ...
