Sexual Assault Charges: How to Improve Your Chances of an Acquittal | Sexual Assault Lawyer, Toronto

September 3, 2019

Sexual assault is treated with the utmost severity by the Crown. Even a false accusation may leave a lingering mark on the life of the accused.

What is sexual assault? In Canada, the definition of sexual assault in quite broad. It involves non-consensual activity that interferes with the sexual integrity of another person. This can be anything from unwanted touching, groping, kissing, fondling and rape.

In Ontario, a conviction for sexual assault will bring severe consequences such as a lengthy jail sentence, strict supervision while on parole and/or probation, loss of job opportunities, and forced registration on federal and provincial sexual offender registries.

Your rights, freedom and reputation are at stake. If you are charged with sexual assault, even if it is a false allegation, it is important to immediately contact an experienced criminal defence lawyer in Toronto. John Erickson has been practicing as a sexual assault lawyer for over 20 years and had successfully defended numerous individuals.

Erickson Law fights on your behalf to ensure that justice is served.

Types of Sexual Offences in the Criminal Code of Canada

Sexual assault, section 271
Sexual assault with a weapon, threats, or causing bodily harm, section 272
Aggravated sexual assault, section 273
Sexual interference of a person under 16 years of age, section 151
Invitation to sexual touching of a person under 16 years of age, section 152
Sexual exploitation of a person who is either 16 or 17 years of age, section 153
Sexual exploitation of a person with a mental or physical disability, section 153.1
Incest, section 155
Bestiality, section 160
Voyeurism, section 162
Obtaining sex for money or other consideration, section 286.1
Living off the avails of prostitution, section 286.2

Sentences for Sexual Offences

Under the Criminal Code of Canada, there two general types of sentences that an accused may receive if they plead or are found guilty: convictions and discharges.

What are Convictions?

Convictions are sentences that involve jail, fines, conditional sentences (also known as “house arrest”), suspended sentences and probation.

Some types of convictions come with a mandatory minimum sentence and others do not.

What is a mandatory minimum sentence? A mandatory minimum sentence which one which a judge cannot go below.

If a Sexual Assault Victim is Under 16 Years: If the alleged victim of a sexual assault is under 16 years of age and the Crown Attorney elects to prosecute the case by indictment, then the mandatory minimum sentence, if convicted, is one year in jail and the maximum sentence is 14 years in jail. But if the Crown Attorney elects to proceed by summary conviction, then mandatory minimum sentence is six months in jail and the maximum sentence is 18 months in jail (which will increase when Bill C-75 comes into force).

If a Sexual Assault Victim is 16 Years or Older: There is no mandatory minimum sentence if the alleged victim of a sexual assault is 16 years of age or older. Therefore, is only a maximum sentence. If the Crown Attorney elects to prosecute the case by indictment, the maximum sentence is 10 years in jail and if they elect to proceed by summary conviction, the maximum sentence is 18 months in jail (which will increase to two years when Bill C-75 comes into force).

What are Discharges?

Discharges are the most favourable type of sentence and come in two forms, absolute discharges and conditional discharges.

What is an Absolute Discharge? If an accused pleads or is found guilty and receives an absolute discharge, this means that he/she is free to go and has no probation conditions placed upon them.

What is a Conditional Discharge? If an accused pleads or is found guilty and receives a conditional discharge, this means that he/she has certain probation conditions imposed on them which they must abide by for the length of probation (up to three years) and if they breach any one of them, can result in a new charge being laid against them of failing to comply with probation.

Often, people are led to believe that absolute and conditional discharges do not result in the accused having a criminal record as opposed to convictions which do. This is not entirely accurate. The term “criminal record” is not a defined term in Canadian law.

If an accused receives a conviction (i.e. a sentence that involves jail, fine, conditional sentence or suspended sentence), the only way to have it sealed is to apply for an receive a record suspension (formerly called a pardon) from the National Parole Board of Canada.

If an accused receives an absolute or conditional discharge, the RCMP is supposed to expunge it from CPIC (the RCMP’s national criminal database) one year for an absolute discharge is imposed and three years after the probation ends for a conditional discharge. However, the local police force that laid the charge will always keep a record of the arrest and outcome of the case on their local police database and can, in certain circumstances, use or disclose it to others, including potential employers.

**Contact a Lawyer Immediately Before Talking to the Police**

Upon being detained or arrested, many people panic and assume that talking to the police will lighten their sentence or swing things in their favour. This is NOT advisable. Instead, demand that you be able to speak to a lawyer IMMEDIATELY!

Upon your first interaction with the police, first ask if you are free to go or are under detention or arrest. If you are free to leave, do so. If not, demand that you be given the right to speak to a lawyer IMMEDIATELY and do not answer any questions other than giving your name and date of birth.

If ask to speak to a particular lawyer, the police must stop asking you questions and must give you a reasonable opportunity to speak to the lawyer you requested as soon as practicable. If you do not know any lawyers, then they must give you the right to speak to a free duty counsel as soon as praticable. Your lawyer will most likely advise that you exercise your right to remain silent.

Can you stay silent during police questioning? After you have spoken to a lawyer or duty counsel, the police may try to ask you questions. You are not required and, in fact, you are strongly advised not to answer any questions.

You should never lie to the police. Instead, you should simply tell them that your lawyer has instructed you to remain silent and not answer any questions. Beware that police do not have to take no for an answer. They can continue to ask questions and try subtly to persuade you to talk.

This sometimes comes by asking you if you would like to know what the details of the allegations are. They use this trick because they know that this will keep the conversation going and it is only natural for someone who is confronted with an allegation to want to give their side of the story. Beware of this!

If the police are trying to get you to continue talking, it is almost certainly because they want you to fill in or confirm details that they are uncertain of. What you should do, even if you know you are innocent, is, from the outset, politely and repeatedly decline to say anything. Do not lie!

Simply repeat as many times as necessary that your lawyer has instructed you to remain silent an. This is your constitutional right. It is guaranteed under section 7 of the Canadian Charter of Rights and Freedoms. The fact that you are choosing to exercise your constitutional right to remain silent can NEVER later be used against you.

The Benefits of Contacting a Lawyer

There are several reasons why you should hire a skilled and competent criminal lawyer without delay. Here are just a few of them;

Often, a sexual assault charge boils down to one person’s word against yours. A good lawyer is able to spot the inconsistencies and improbabilities in the accuser’s version of events.

The lawyer works with you to determine if there are any ulterior motives for the allegation.

Your lawyer may also be able to obtain further evidence that shows that the accuser is not reliable or credible. There are several courtroom advocacy strategies to test the complainant’s credibility.

If you have to testify at trial, your lawyer prepares you for the cross-examination that will come your way.

A lawyer may be able to prove that any evidence brought against you was obtained illegally, meaning that it will be excluded and not used at your trial.

Apart from all of the above, a skilled and qualified criminal defence lawyer is able to bring a wealth of knowledge to the table that may improve your chances of an acquittal.

Maximize Your Chances of Winning the Case

All criminal charges are taken seriously, but the Crown is particularly stringent with those involving sexual misconduct. If you are accused of sexual assault charges, you will need a lawyer who can provide an equally serious criminal defence, and will fight to ensure justice is served.

Call (416) 3633612 to speak with John Erickson if you have been charged with sexual assault.

Oh, Cannabis! How Legalization Has Shaped Canada in 2019 | Drug Possession Lawyer, Toronto

May 23, 2019

October 17, 2018, was a red letter day for Canada. This was the day that marijuana for both recreational and medicinal purposes was legalized across the nation, making Canada only the 2nd country in the world (after Uruguay) to officially legalize the possession, consumption, and cultivation of the drug.

The laws surrounding cannabis legalization are still somewhat hazy in 2019, so if you find yourself facing a drug-related charge, we strongly recommend that seek out legal representation right away. John Erickson is a criminal defense lawyer in Toronto who has over 20 years of experience successfully defending individuals charged with drug-related offenses.

So how do you toe the line? In this article, we explore new trends that have emerged in the cannabis market and how to remain compliant with all relevant laws.

Drivers Will Soon Face Stricter Drug Detection Tests

The federal government is in the process of approving a 2nd roadside drug detection device that will be able to determine the level of cannabis impairment via saliva samples.

The new device, dubbed SoToxa, is slated to be on the amended list of approved drug screening equipment in Canada. The primary SoToxa device will also come with a test cartridge and a saliva collection device.

These devices will be used to check for THC which is the psychoactive ingredient in marijuana. If the device indicates a positive result, this will act as a strong sign of recent drug use.

The device is in the middle of a 30-day consultation prior to being approved, and if approved, will provide police with an effective way to test potentially drug-impaired drivers.

As of right now, the Dräger DrugTest 5000 is being used by police to test for both THC and cocaine on the road. However, some speculation as to its functionality has arisen as well as how effective it is in colder weather. Currently, it is the only device that is available to law enforcement.

The overarching aim of these devices is to enforce stringent intoxication checks making it illegal to drive within 2 hours of being over the legal limit. So what is the legal limit for drug driving? If you test above 5 ng of cannabis or over 2.5 ng along with a blood alcohol level over 50 milligrams per 100 mL, you may face significant penalties and mandated jail time for repeat offenders.

It’s important to know your rights! A positive drug result on the roadside test is not enough to warrant a charge. Instead, drivers who fail this initial test will be subjected to a blood test.

Watch Out For Illegal Pot Shops

Toronto has been on the radar ever since the nationwide cannabis legalization and, as it turns out, that extra scrutiny hasn’t been in vain. As of April 2019, about 21 illegal marijuana storefronts are being investigated by police, resulting in 41 charges. Police are in the midst of seizing dry cannabis, edibles, oils, and cash and are shutting down unauthorized locations for up to 2 years.

Owners of unlicensed pot shops can face fines soaring as high as $250,000 and a two-year jail sentence. Landlords are warned to keep a strict eye open to avoid renting their space to illegal dispensaries.

Additionally, corporations dispensing the drug illegally can be penalized anywhere between $25,000 to $1 million. The law draws a very clear line. Ontario has 25 licensed retail pot stores with five of them being in Toronto.

So how do you identify legal cannabis products? These will have an excise stamp on the package that has security features to offset forgery (similar to banknotes and passports). Each territory and jurisdiction has with its own unique coloured stamp.

Moreover, legal products will also have a standardized cannabis symbol that contains health warnings to educate users on usage risks.

Edible Cannabis, Cannabis Extracts, and Cannabis Tropicals Are NOT Legal Yet

The age limit to purchase the drug varies from province to province. The minimum age in most province is 18 years but in Ontario, it is 19 years. But bear in mind that purchases can only be made from an authorized dealer and are restricted to dried and fresh cannabis, cannabis oils, and seeds or plants to be cultivated. Other products such as edible cannabis, cannabis extracts, and cannabis tropicals will legally be sold with effect from October 17, 2019.

Facing a Drug Charge? Immediate Legal Intervention is Crucial!

A drug offense could negatively impact your personal and professional life. John Erickson is a senior criminal lawyer with nearly two decades of experience defending individuals convicted of drug offenses.

Call (416) 363 3612 today for affordable and reliable legal representation.

Here’s What You Must Know About Peace Bonds and Restraining Orders in 2019 | Domestic Assault Lawyer, Toronto

May 9, 2019

Restraining Orders and peace bonds are orders that can be imposed by the courts to ensure the community’s safety by ordering that the person on whom it is imposed must abide by whatever conditions are contained in the Order.

The main difference between Restraining Orders and peace bonds is this:

Restraining Orders are issued only by the Family Courts in domestic contexts, i.e. during the breakdown of a marriage or intimate partner relationship. In Ontario, under the Family Law Act, you can get a Restraining Order against a person that you are or were married to, or against a partner that you are or were living with. It does not matter how long you lived with the other person. Under other family law legislation, it may be possible to get a Restraining Order against a family member or other individual you have lived with, especially if you are concerned for the safety of your children.

Peace bonds are issued by the Criminal Courts and can also be imposed in both domestic and non-domestic contexts. In other words, if you feel threatened by someone that you are not living with or have never lived with, you can apply for a peace bond or, if you feel threated by someone you are living with but do not wish to separate or end the relationship, you can apply for a peace bond.

While it is not mandatory that you have a lawyer to get a peace bond or restraining order, it is advisable. And it is even more advisable if someone is seeking to have one imposed on you. If you or your loved one is embroiled in this type of situation, a criminal defense lawyer in Toronto can provide the timely legal intervention you need.

Peace Bonds

Peace bonds are not aimed at identifying guilt but, rather, serve to prevent a potential crime. There are two types of Peace Bonds that a Criminal Court can impose:

Common Law peace bonds
Section 810 peace bonds

For how long is a peace bond valid?

Section 810 peace bonds are valid for up to one year but can be applied each time the old one expires. Common Law peace bonds are usually valid for one year but, technically, and be imposed for any length of time.

What is a Section 810 peace bond?

A Section 810 peace bond does not require proof that an actual crime has been committed. They are issued when the Court has reasonable grounds to believe that another person:
will cause personal injury to him/her or to his/her spouse, common-law partner or child, or will damage his/property; or
will commit an offense under section 162.1, which is the offense of publishing, transmitting, etc. intimate images of another without their consent.

What is a Common Law peace bond?

Like a Section 810 peace bond, a Common Law bond does not require proof that a crime had been committed. In fact, they can be imposed by the Court even when someone has been found not guilty of a crime. They have a much broader scope than Section 810 peace bonds because Common Law peace bonds can be imposed in any circumstances where the Court had has a reasonable basis to believe that it is necessary to maintain the peace and security of the community.

Penalties for Breaching a Peace Bond?

The consequences of breaching a peace bond depend on the type of peace bond that was imposed. If you breach a Common Law peace bond (or a Restraining Order), you can be charged with Disobeying a Court Order under Section 127 of the Criminal Code. If convicted, you could be sentenced up to two years in jail if the Crown proceeds by indictment.

Can I travel with a Peace Bond?

If a peace bond had been issued against you, traveling and finding employment can become a hindrance for them. For instance, one of the terms of the bond could prevent you from working with “vulnerable persons” (meaning children, elderly, disabled, sick). Also, traveling to foreign countries can be more difficult depending on that country’s immigration laws.

Restraining Orders

For more information in regards to Restraining Orders, consult a family law lawyer.

Peace Bonds vs Restraining Orders – Which is Right For You

	Peace Bond	Restraining Order
Type of Court	Criminal Court	Family Law Court
Type of Threat	Covers safety of person and property and also intimate images	Covers personal safety of person in a domestic context only
Duration Issued	12 months (will need to be renewed)	Varies from a few days to being permanent
Relation	Can be issued against anyone (neighbour / colleague / spouse / child)	A domestic partner (i.e. someone that you currently or used to live with)
How to Apply	Contact the police and/or a lawyer	Contact the police and/or a family law lawyer
Breaking the Terms	Criminal charges under either Section 127 or 811 of the Criminal Code	Criminal charges under Section 127 of the Criminal Code

Obtaining or Defending Against a Restraining Order/Peace Bond is a Sensitive Matter

Leave it to a Lawyer You Can Trust!

John Erickson is an established criminal defense lawyer in Toronto with nearly 20 years of experience at all levels of the court system; whether you need to consult a lawyer to obtain a peace bond or whether an individual has applied for one against you, John Erickson can help.

Timely legal intervention is crucial! Contact us without delay.

Murder, Manslaughter & Infanticide: The Main Differences and Penalties | Criminal Defence Lawyer, Toronto

March 12, 2019

Being charged with causing the death of another person, no matter the circumstances, can be devastating as it can result in the most severe penalty in Canadian criminal law, namely, life imprisonment.

Canadian criminal law recognizes three types of culpable (or illegal) homicide, i.e. murder, manslaughter, and neglect to obtain assistance in child-birth (formerly called “infanticide”).

In this article, we explore the intricacies of each and talk about the importance of contacting an affordable criminal defence lawyer in Toronto immediately if you are facing a criminal charge of this nature.

Murder: First Degree vs Second Degree

Murder in Canadian criminal law is defined essentially as intentionally causing the death of another person or intentionally causing bodily harm to another person knowing that death is likely to result.

Section 231 of the Criminal Code provides that all murder is either first degree or second degree. What is the difference? The general rule is that all murders that are planned and deliberate are first-degree murders and all others are second-degree murders. However, there are exceptions. This is because Section 231 provides that some murders are first-degree murders even though they were not planned and deliberate. These exceptions are:

– when the victim is a police officer, prison guard, etc.

– when death is caused while the accused is committing or attempting to commit a hijacking of an aircraft, sexual assault, kidnapping, forcible confinement, hostage taking, criminal harassment, a terrorist activity, intimidation of a justice system participant or journalist, when the death is caused for the benefit of or at the direction of a criminal organization, or when the death is caused while the accused is committing or attempting to commit any other indictable offense for the benefit of or at the direction of a criminal organization.

Adult Sentences for Murder

For adults (i.e. anyone who is aged 18 years or more when the offense was committed), the maximum penalty for murder in Canada was capital punishment until it was formally abolished in 1976 and became, instead, life imprisonment: see section 235(1) of the Criminal Code.

If convicted of first-degree murder, the offender will face a mandatory sentence of life imprisonment with no chance of parole for at least 25 years.

If convicted of second-degree murder, the offender will face a mandatory sentence of life imprisonment with no chance of parole for at least 10 years.

Life imprisonment means that even if the offender is granted parole, he/she remains on parole for the rest of their life and while on parole, they will have to report to their parole officer on a regular basis and abide by all the conditions of their parole. Failure to do so will result in re-imprisonment.

Youth Sentences for Murder

If the offender was between 12-17 years of age when the offence was committed, then Section 42(1)(q) of the Youth Criminal Justice Act provides that the maximum sentence is 10 years for murder and 7 years for second-degree murder.

Manslaughter & Criminal Negligence Causing Death

Manslaughter is when the accused commits an unlawful act which causes death when he/she does not intend to kill. For example, an accused can be found guilty of manslaughter where he/she punches another person once, causing the victim to fall, hit his/her head on the ground and subsequently die from a head injury. Here, the accused is guilty of manslaughter because death was caused by his/her punch (i.e. assault) even though he/she did not intend to kill the victim.

Section 232(1) of the Criminal Code also provides that a murder may be reduced to manslaughter if the accused caused the death in the heat of passion caused by sudden provocation. However, not every act will constitute a “provocation”. This is because Section 232(2) states that limits “provocation” to being only conduct of the victim that would constitute an indictable offence punishable by at least five years in jail, that is of such a nature as to be sufficient to deprive an ordinary person of the power of self-control, and only if the accused acted on it on the sudden and before there was time for his/her passion to cool.

Criminal negligence causing death is a separate offence closely related to manslaughter. It occurs when death is caused by someone who does an act that shows a wanton or reckless disregard for the lives of others. Generally speaking, an act is considered negligent where a reasonable person would have foreseen that the act would endanger life.

Criminal negligence can also be committed by the accused’s failure to act where the law imposed a duty on him/her to act. Criminal negligence does not apply, for example, to a bystander who sees someone in distress and chooses not to help. This is because the law does not impose a duty to help in such circumstances.

Adult Sentences for Manslaughter

The maximum sentence for manslaughter is life imprisonment but there is no mandatory minimum sentence except if a firearm was used, in which case the mandatory minimum sentence is four years imprisonment.

Youth Sentences for Manslaughter

If the offender was between the ages of 12-17 years of age when the offence was committed, then Section 42(1)(o) of the Youth Criminal Justice Act provides that the maximum sentence is 3 years for manslaughter.

Neglect in Child-Birth (formerly “Infanticide”)

Section 242 of the Criminal Code provides that a female who, being pregnant and about to give birth, fails to make provision for reasonable assistance in respect of the birth with intent that the child shall not live or to conceal the child’s birth is guilty of an indictable offence if the child is permanently injured or dies immediately before, during or shortly after birth.

The penalty for neglect in childbirth is a maximum of five years imprisonment. There is no minimum penalty.

Murder, Manslaughter & Infanticide are Serious Criminal Offences

John Erickson is a criminal defence attorney in Toronto with more than 20 years of experience defending people faced with murder, attempted murder, manslaughter and criminal negligence charges.

Timely and experience legal intervention is crucial! Contact us without delay.

Tax Evasion vs Tax Fraud in 2019: Main Difference, Penalties and Jail Sentences | Fraud Lawyer Toronto

February 27, 2019

Tax fraud and tax evasion charges in Canada are treated with considerable severity. Recent studies estimate that the CRA (Canada Revenue Agency) misses out on over $50 billion in unpaid taxes every year. Alarming still is the fact that this estimate does not include offshore tax fraud.

If you are facing tax fraud or tax evasion charges in Toronto, or if you are anxious that you may be reported for tax fraud, we strongly recommend that you contact an affordable criminal defence lawyer before you make your next move.

Is Tax Fraud the Same as Tax Evasion?

Tax fraud and tax evasion are two sides of the same coin, but they aren’t synonymous or interchangeable. Tax avoidance, on the other hand, is more of a legal loophole.

Let’s explore these three terms more closely.

What is Tax Fraud?

If you knowingly provide false information on your tax return, you may be guilty of tax fraud. Tax fraud can occur when a taxpayer:

– overstates their expenditures

– neglects to mention their total earnings

– neglects to file a tax return

– claims to reside in one province while actually living somewhere else

This is characterized by a deliberate and knowing misrepresentation in order to pay less tax than is actually owed.

What is Tax Evasion?

Many taxpayers reduce the amount of tax owed through legal means, something that is totally acceptable as far as the CRA is concerned. However, if a taxpayer uses deceitful tactics to conceal or understate their income, or claim deductions that they are not entitled to, then he/she may be guilty of tax evasion.

What is Tax Avoidance?

Tax avoidance is the use of legal loopholes to reduce the amount of tax that one owes. This is something that is totally acceptable to the CRA. Tax evasion pertains to using illegal measures to reduce the amount of tax that is owed by, for example, creating false transactions to elevate one’s expenses over what they are in reality.

Legal Repercussions of Tax Fraud, Tax Evasion and Tax Avoidance

Some of the most burning questions pertaining to tax fraud are, “Can you go to jail for tax fraud or tax evasion in Canada?” and “What is the penalty for tax fraud or tax evasion?”

If you are convicted of tax fraud or tax evasion in Canada, you may be subject to court-ordered fines and jail time, both of which will be reflected on your permanent criminal record.

Interest, Fines and Possible Jail Time

Taxpayers who are convicted of tax fraud or tax evasion will have to pay the full amount of tax that is outstanding as well as any additional interest and civil penalties.

For a Summary Conviction:

Where the Crown proceeds summarily against a taxpayer who has been convicted of tax fraud or tax evasion, the individual also faces two years in prison and must pay anywhere from 50% to 200% of the evaded taxes.

For an Indictment:

Where the Crown proceeds by indictment against a taxpayer who has been convicted of tax fraud or tax evasion, the individual also faces up to 14 years in prison and must pay anywhere from 100 to 200% of the evaded taxes.

The penalty for tax evasion lies anywhere between $1,000 to $25,000.

**They’re Always Watching: The CRA’s “Snitch Line” is an Anonymous Tax Fraud Informant Program**

The CRA has established a “snitch line” for people to provide anonymous tips relating to tax fraud and tax evasion. Because the snitch line promises total anonymity, it isn’t possible to know who exactly reports these tax frauds or how many people are part of the program. While there is no monetary reward for informants who report minor tax misdemeanours, this is changeable if the information provided to the CRA unveils a tax evasion scam that exceeds $100,000.

By using this line, anyone can report by phone or email. Armed with this information, the CRA will assess the suspect’s tax returns and filing history. If the allegations are found to be valid, the CRA may take the following measures:

– Levies a penalty or fine

– Takes action to collect the outstanding debt

– Initiates a criminal prosecution through the court system

Facing Tax Fraud Charges?

Objecting to a CRA Audit is Time-Sensitive. You Only Have 90 Days to Act on an Appeal!

Tax fraud cases usually involve a large volume of financial documentation that should be carefully assessed. Contact John Erickson; an experienced and qualified criminal defence lawyer in Toronto who has 20 years of experience defending individuals charged with tax evasion.

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