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Failing to Stop or Remain at the Scene of an Accident

Failing to Stop or Remain at the Scene of an Accident

This article provides a brief summary of the law in relation to the offence of failing to stop or failing to remain at the scene of a traffic accident (section 320.16 of the Criminal Code). In most provinces, a provincial driving statute such as the Ontario Highway Traffic Act may also regulate the offence of failing to remain at the scene of an accident. This article does not consider the law with respect to those provincial traffic statutes. If you or someone you know has been criminally charged with failing to remain at the scene of an accident, contact a criminal lawyer. The lawyers at Daniel Brown Law can be reached for an immediate consultation at (416) 297-7200.

Frequently asked questions about failing to remain at the scene of an accident:

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Firm Update on COVID-19 and Updates on Court Closures

Firm Update on COVID-19 and Updates on Court Closures

The lawyers at Daniel Brown Law continue to closely monitor the COVID-19 situation. As always, our priority is the health and well-being of our firm members, clients, and community.

To do our part to reduce the risk of spreading COVID-19, effective Monday, March 16, 2020, and until further notice, our physical offices will be closed, barring emergencies. All lawyers will remain available but will be working remotely. We remain available to assist existing and new clients with their criminal matters. 

We understand that criminal charges can be particularly disruptive to our clients’ lives during this time. We are committed to serving you and will continue to operate at full capacity. Daniel Brown Law is pleased to offer both video and phone meetings and consultations. For existing and potential clients trying to reach a lawyer on his or her firm line, those calls will be automatically re-routed to each lawyer’s out-of-office location. We remain committed to providing high-quality, timely service to our clients. We also remain available for consultation with new clients. Do not hesitate to get in touch with us.

Court Updates:

To date, all courts have released a response plan regarding COVID-19-related closures. In short, almost all non-urgent matters originally scheduled to take place before the end of May including out-of-custody trial matters will be rescheduled.

For current clients, your lawyer will be in touch with you as soon as possible regarding the impact these court closures may have on your case.

For more information about court-specific closures, please see the websites below for the most up-to-date information:
Ontario Court of Justice
Superior Court of Justice
Court of Appeal for Ontario
Federal Court and Federal Court of Appeal

Publishing An Intimate Image Without Consent

Publishing An Intimate Image Without Consent

Since 2015, publishing an intimate image of someone else without their permission is a crime in Canada. Section 162.1 of the Criminal Code captures all ways in which intimate images may be shared, including through physical delivery, social networking, email, or other means by publishing, distributing, transmitting, selling, making available or advertising an intimate image of another person knowing that the person depicted in the image did not give their consent to that conduct.

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Canada’s Sexual Offender Registry

Canada’s Sexual Offender Registry

6950_54_news_hub_6694_656x500_optSince 2004, Canadian Courts have required those found guilty of certain sex related crimes be registered in a sexual offender database.

The Sexual Offender Information Registry Act (SOIRA) imposes obligations for those placed on the National Sex Offender Registry to provide police throughout Canada with a significant amount of personal information and obliges them to report yearly for the purpose of being monitored by authorities.

This article answers some of the frequently asked questions about the scope and purpose of Canada’s Sexual Offender Registry. (more…)

Defending Sexual Exploitation Charges

Defending Sexual Exploitation Charges

Old BaileyWith consent, it is not illegal in Canada to have a sexual relationship with someone older than sixteen years of age, regardless of the age difference between the two parties.

An exception to this rule occurs when the sexual relationship exists between someone holding a position of trust or authority over another who is older than sixteen but younger than eighteen years of age. In such circumstances, this type of relationship may trigger the criminal charge of sexual exploitation. (more…)

When Can Police Enter Your Home?

When Can Police Enter Your Home?

police entry into home

The ruling of R. v. Zargar, 2014 ONSC 1415 affirms that police cannot generally enter a person’s home without permission except under very limited circumstances. The case also establishes that a person can use a reasonable amount of physical force to remove a police officer who is trespassing on their private property.

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Application to Access the Rob Ford ‘Crack Video’ Dismissed

Application to Access the Rob Ford ‘Crack Video’ Dismissed

Toronto Mayor Rob Ford At News ConferenceEarlier today, Justice Ian Nordheimer released his ruling dismissing the application by Mohammad Khattak to access to the Rob Ford ‘crack video’.

The Application was brought on behalf of Mohammad Khattak, one of three men pictured with Mayor Rob Ford outside a suspected drug house for the purpose of dispelling the perception there’s a connection between Khattak  and the video of the mayor smoking crack cocaine.  (more…)

Considering immigration consequences on sentencing

Considering immigration consequences on sentencing

Earlier this week, tsupreme_court_of_canadahe Supreme Court of Canada released their ruling in R. v. Pham 2013 SCC 15 which answers the question, “What weight should be given to collateral immigration consequences in sentencing?”

Mr. Pham was not a Canadian citizen. He was convicted at trial of producing marihuana and possessing it for the purpose of trafficking. The trial judge imposed a sentence of two years imprisonment after a receiving a joint recommendation on sentence from Pham’s lawyer and the crown prosecutor. (more…)

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