Lawyers of Distinction Welcomes Ken Byers
as a 2026 Distinguished Member
Toronto, ON — The Lawyers of Distinction is proud to announce that Ken Byers, a Criminal Defence lawyer based in Ontario, Canada, has been selected and certified as a 2026 Distinguished Member. This recognition places Ken Byers among an elite group of legal professionals nationwide who have demonstrated exceptional skill, integrity, and dedication to the practice of law.
Lawyers of Distinction is widely recognized as the fastest growing community of distinguished attorneys in Canada. Unlike many recognition programs, membership is not available for purchase. Instead, each candidate undergoes a thorough and independent evaluation process that examines objective qualifications including active bar licensure in good standing, a minimum number of years in practice, peer and client reputation, notable case results or professional accomplishments, and a clean disciplinary history. Only those attorneys who satisfy every criterion are extended an invitation to join.
“Being named a 2026 Lawyer of Distinction reflects an attorney’s sustained commitment to excellence in their field,” said a spokesperson for the organization. “Our members represent the highest caliber of legal talent across Canada. We are honored to welcome Ken Byers into this distinguished community.”
Members gain access to a national network of top legal professionals, exclusive member benefits, and the right to display the Lawyers of Distinction seal-a mark recognized by clients and colleagues as a symbol of professional achievement. For complete details on membership criteria and the selection process, please visit lawyersofdistinction.com/how-to-become-a-member.
About Ken Byers – Trusted Criminal Defence Lawyer in Ontario
Ken Byers is a highly experienced criminal defence lawyer and Partner at Daley, Byers, one of Ontario’s most respected criminal defence law firms. With over 40 years of dedicated experience, Ken brings deep legal knowledge and a relentless commitment to protecting his clients’ rights across Ontario. Many individuals seeking the best criminal lawyer for their specific situation rely on his strategic approach and strong advocacy.
Contact us for a free and confidential consultation with a Criminal Defence Lawyer. We’re available to discuss your case and explore strong legal options tailored to you.
Media Contact
Lawyers of Distinction
Email: support@lawyersofdistinction.com
Lawyers of Distinction uses its own independent criteria, including both objective and subjective factors, in determining if an attorney can be recognized as a Lawyer of Distinction in the Canada in their respective field. This designation is based upon the proprietary analysis of the Lawyers of Distinction organization alone and is not intended to be endorsed by any Canadian Bar Association.
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]]>Canada’s Criminal Code Overhaul: What Accused Persons Need to Know
The federal government has proposed major changes to the Criminal Code through new legislation called the Protecting Victims Act. The bill responds to concerns about violence, exploitation and online harm, especially involving children. If passed, it would expand certain criminal offences, increase penalties and change how courts handle these types of cases.
While protecting victims is a critical and shared objective, major criminal law reforms also have serious consequences for people who are accused of crimes. From a criminal defence perspective, these changes raise important questions about fairness, Charter rights and how allegations will be investigated and prosecuted in Ontario courts.
What Is the “Protecting Victims Act”?
According to the federal Department of Justice, the proposed legislation is intended to modernize Canada’s criminal law framework by addressing gaps related to gender-based violence, coercive control, online exploitation and emerging technologies such as deepfake imagery. The government has also emphasized the need to reduce court delays while strengthening public confidence in the justice system.
If passed, these amendments would represent one of the most significant Criminal Code overhauls in decades, with immediate implications for anyone charged with a criminal offence in Ontario.
Key Criminal Code Changes That Matter to the Defence
Expanded Definitions of Murder and Hate-Motivated Violence
One of the most consequential proposals would automatically classify certain killings as first-degree murder where they are connected to hate-based motives or patterns of coercive or controlling behaviour, including what the legislation refers to as “femicide.”
From a defence standpoint, this expansion dramatically raises the stakes. First-degree murder carries a mandatory life sentence with no parole eligibility for 25 years. How motive, context and alleged patterns of behaviour are interpreted will become critical issues at trial.
A New Criminal Offence for Coercive Control
The proposed legislation would introduce a standalone offence criminalizing patterns of coercive or controlling conduct, even in the absence of physical violence. While this concept has gained attention internationally, it presents real legal challenges in practice.
Unlike traditional offences tied to specific acts, coercive control allegations often rely on subjective interpretation of communications, relationship dynamics and intent. For accused individuals, this raises concerns about vague legal thresholds, evidentiary standards and the risk of criminalizing conduct without clear boundaries.
Increased Penalties and New Digital-Age Offences
The Act proposes stronger penalties for sexual offences, particularly those involving children, and new criminal prohibitions related to non-consensual deepfake sexual imagery. It would also criminalize threats to distribute child sexual abuse material and require online platforms to preserve data for longer periods to assist police investigations.
While these provisions are aimed at addressing real harms, they also expand police powers and digital evidence collection, making early legal advice and strategic defence planning more important than ever.
Return of Mandatory Minimum Sentences
Several mandatory minimum penalties for child-related sexual offences, previously struck down by Canadian courts as unconstitutional, would be reinstated, with a limited “safety valve” allowing judges to depart only in rare cases.
Mandatory minimum sentences have long been a focal point of Charter litigation. From a defence perspective, their return raises serious concerns about proportionality, judicial discretion and the risk of unjust outcomes in individual cases.
Charter Rights Remain Central, Even as the Law Changes
Criminal law reform must always operate within the framework of the Canadian Charter of Rights and Freedoms. Regardless of the nature of the allegations, every accused person retains the right to be presumed innocent, to make full answer and defence and to be free from cruel and unusual punishment.
New offences expanded definitions and increased penalties do not lower the Crown’s burden of proof. Prosecutors must still prove every element of an offence beyond a reasonable doubt, using admissible evidence and lawful investigative techniques. Where legislation is vague, overbroad or disproportionate, constitutional challenges may arise.
What This Means If You Are Facing Criminal Charges in Ontario
As these reforms move through Parliament, individuals charged with criminal offences may face:
- More aggressive charging decisions
- Increased reliance on digital and pattern-based evidence
- Stricter bail conditions or detention arguments
- Harsher sentencing exposure upon conviction
In this environment, retaining an experienced criminal defence lawyer early in the process is critical. How a case is approached at the outset, including bail, disclosure review and Charter analysis, can significantly affect the outcome.
Why Clients Choose Daley Byers
At Daley Byers, we understand that criminal charges are deeply personal, stressful, and life-altering events. Our defence lawyers have extensive experience navigating Ontario’s criminal courts and challenging complex prosecutions, including those involving serious allegations, evolving legislation and constitutional issues.
We focus on:
- Protecting your Charter rights
- Holding the Crown to its full burden of proof
- Developing strategic, individualized defence plans
- Providing clear, honest guidance at every stage
As criminal law continues to evolve, having a knowledgeable and experienced defence team on your side matters more than ever.
Speak With an Ontario Criminal Defence Lawyer
If you are under investigation or have been charged with a criminal offence, do not wait to get legal advice. The earlier a defence strategy is developed, the better positioned you are to protect your rights.
Contact Daley Byers today to speak with an experienced Ontario criminal defence lawyer and learn how we can help.
Disclaimer: The information in this article is provided for general informational purposes only and does not constitute legal advice. Every situation is unique, and readers should not act or refrain from acting based on this content without seeking advice from a qualified lawyer regarding their specific circumstances.
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]]>Criminal Conviction or Finding of Guilt: How it can Affect your Immigration Status
If you’re a permanent resident, work permit holder, on a student visa, visitor or refugee claimant, a criminal conviction in Canada can affect your ability to enter, remain or become a citizen. Even outcomes that don’t leave you with a “conviction” on your record can still have immigration consequences. We’ll explain the basics from an Ontario criminal defence perspective so you can make informed decisions before you resolve your case. Although we are mindful of immigration consequences, if you are concerned, we strongly recommend obtaining a written opinion from an experienced immigration lawyer. We can help coordinate this process and, where appropriate, connect you with trusted immigration counsel, for tailored advice on your situation.
Possible Criminal Outcomes that May Affect Immigration
- Conviction: If the Court registers a conviction, immigration issues must be addressed. Convictions can trigger inadmissibility for non-citizens under the Immigration and Refugee Protection Act (IRPA).
- Discharge (conditional or absolute): Absolute or conditional discharge means that you were found guilty, but no conviction is registered. Discharges generally do not create criminal inadmissibility under s.36 IRPA.
- Peace bond (s.810): No admission of guilt, no conviction. Standing alone it doesn’t create criminal inadmissibility under s.36.
- Impact of Record Suspensions (formerly known as a Pardon): If granted for a Canadian conviction, immigration inadmissibility under s.36 cannot be based on that conviction.
Immigration Risk Under IRPA: Two Ways You Can be Found Inadmissible
Before you focus on possible outcomes in court, it helps to understand how IRPA looks at criminal issues. Broadly, there are two areas:
Serious Criminality
A permanent resident or foreign national can be inadmissible if they’re convicted of an offence punishable by a maximum of 10 years or more, or if they receive more than 6 months of jail, as per IRPA s.36(1). A conviction will lead to removal risk for PRs and refusals for temporary residents. Individuals who have a work permit or student visa will likely not have the status renewed, nor will they be granted PR status. While there may be applications, hearings and other steps to defend against a finding of inadmissibility, the law states a person convicted of such a conviction, will be deemed inadmissible to Canada.
Criminality
A foreign national can be inadmissible under IRPA s.36(2) if they are convicted in Canada of an offence punishable by indictment or of two offences that did not arise from a single occurrence. The same applies to convictions outside Canada where the conduct would be indictable here, or to two foreign convictions from different events that would be offences under an Act of Parliament if committed in Canada. Inadmissibility can also follow from committing an act abroad that is an offence where it occurred and would be indictable in Canada. In practice this captures many “hybrid” offences because they are treated as indictable for immigration purposes, and two separate summary convictions can still add up to criminality. The result can be refusals of entry, visas or permits and enforcement action at the border, so it’s critical to confirm the Canadian classification before you plead.
With that framework in mind, the next question is how common Ontario results interact with immigration rules.
Immigration Consequences
Impaired Driving (Alcohol or Drugs)
Now treated as serious criminality because it has a 10-year maximum penalty, a conviction can trigger removal proceedings for PRs and refusals for work or study permits and visas. In such cases, we will attempt to negotiate a resolution to a lesser charge under the Highway Traffic Act or a plea to a lesser charge for a conditional discharge.
Domestic Charges:
s. 266 is not treated as serious criminality because it has only a 5-year maximum sentence. However, if a 6 month or more sentence is imposed, a noncitizen is subject to a removal order.
s. 267
(a) assault with weapon
(b) assault bodily harm
(c) assault Choke
These charges all have a 10-year maximum sentence and are treated as serious criminality. Removal orders apply.
Conditional or Absolute Discharge
Often a possible option for non-citizens because it avoids a conviction for IRPA
purposes, which usually avoids criminal inadmissibility. A conditional discharge still involves a finding of guilt, so get advice before travel or status applications.
Peace Bond
In the right case, resolving by peace bond can be effective. It’s not a conviction or finding of guilt, in fact no admissions as to criminal or civil responsibility are made. A peace bond won’t trigger criminal inadmissibility on its own.
Withdrawn or Stayed Charges
No conviction, so s.36 criminal inadmissibility doesn’t arise from the charge itself.
Record suspension (Pardon) for a Canadian conviction
If granted and still valid, IRPA s.36 cannot rely on that conviction to find you
inadmissible. Eligibility, timing and any new allegations still matter.
Taken together, these outcomes show why your defence plan should account for immigration from day one.
If you are not a citizen, your case is about two things: the courtroom result and the immigration fallout. For many students, workers, PRs and refugee claimants across Ontario, the difference between a discharge and a conviction can decide whether you stay or go.
Before you Plead
Call a lawyer first
Don’t accept a plea or diversion without understanding your IRPA risk. For many non-citizens, the right target is a non-conviction resolution or a conviction that avoids serious-criminality exposure.
Tell us your status and plans
PR renewal, PGWP, IEC, spousal sponsorship or citizenship plans can shift the strategy we recommend.
Bring documents
Passports, permits, landing papers, previous applications, court documents and RCMP prints help us advise quickly and accurately.
How Daley Byers Can Help
We’re Ontario Criminal Defence lawyers who regularly advise non-citizens in all communities throughout Ontario including Toronto, Milton, Brampton, Hamilton, Kitchener, St. Catharines, Barrie, Newmarket and more, on the immigration-sensitive way to resolve criminal charges. We:
- Identify IRPA serious criminality risks early and adjust defence strategy
- Push for non-conviction outcomes where appropriate
- Structure pleas and submissions with immigration consequences in mind
- Work alongside immigration counsel when your file demands it
Facing criminal charges in Ontario? Contact us to know your options.
If you need immigration advice, please contact Nancy Lam at NL Immigration Law here.
If you need immigration advice, please contact Nancy Lam at NL Immigration Law here.
Key takeaways
- Convictions can trigger inadmissibility.
- Discharges and peace bonds usually avoid s.36 criminal inadmissibility.
- Impaired driving is now serious criminality and can jeopardize PR status and entry for foreign nationals.
- Domestic charges: Some are considered serious criminality and some are not.
- A record suspension can remove IRPA s.36 reliance on a Canadian conviction.
Disclaimer: The information in this article is provided for general informational purposes only and does not constitute legal advice. Every situation is unique, and readers should not act or refrain from acting based on this content without seeking advice from a qualified lawyer regarding their specific circumstances. Laws can change, and we cannot predict the future as it relates to American Immigration policy.
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]]>Can I travel to the U.S. with a Canadian Criminal Record?
What to Know First
Travel with a record is possible but never guaranteed. A conviction or finding of guilt can possibly make you inadmissible to the United States. Even an outstanding criminal charge can also prevent entry to the United States. Canadians are visa-exempt for short visits yet U.S. border officers can still refuse entry based on your record, and Canadian record suspensions don’t fix U.S. rules.
Keep reading to learn the offences that raise red flags, why record suspensions (formerly called pardons) don’t guarantee entry, when a waiver may be needed, and how Daley Byers aims to reduce collateral damage so you can make informed choices now.
Why Canadians Can be Refused at the U.S. Border
U.S. immigration law denies entry to visitors with certain criminal histories, including:
● Crimes involving moral turpitude (CIMT) like many fraud or theft offences
● Controlled-substance offences (even if legal under provincial law)
● Some multiple convictions or serious offences that raise public-safety concerns
Border officers apply U.S. definitions, for example CIMT, when assessing your record. In addition, your entry may depend on the individual Homeland Security officer that you are dealing with at the border.
What about DUI/Impaired?
A simple DUI or impaired driving charge, without aggravating factors is generally not a CIMT, but DUI can still create problems, especially with injuries, child passengers, or if it signals alcohol abuse. Don’t assume it’s risk-free at the border. Multiple convictions for Dui and related charges can also cause issues at the border.
Record suspensions and U.S. Entry Waivers
A Canadian record suspension (pardon) can help you at home, but the U.S. doesn’t recognize it, and it doesn’t erase a “conviction” for U.S. immigration purposes; similarly, many discharges, conditional or absolute, can still cause difficulties at the border. If you are deemed inadmissible, you may seek a non-immigrant waiver (Form I-192). Decisions are case-by-case and weigh the offence, time since it occurred, rehabilitation, and your reason for travel; if approved, the waiver permits temporary entry for a defined period. Please allow yourself significant time to obtain a waiver as they are slow.
Practical Steps When Travelling with a Criminal Record
If you have a criminal record and plan to visit the U.S., start by confirming the exact offence. Gather a current police/court package with certified dispositions so a lawyer can assess issues like CIMT or drug-related grounds. If you may be inadmissible, consider a U.S. entry waiver
(Form I-192) early and build it properly with proof of rehabilitation, purpose of travel, and strong ties to Canada, but keep in mind, you cannot obtain this information same-day. Don’t rely on a Canadian record suspension; it can help domestically but isn’t determinative at the U.S. border.
Finally, be candid and consistent at inspection. Border Patrol compares your answers to database records and prior entries, and contradictions can trigger serious consequences. Misrepresentation (even by omission) can lead to refusal of entry that day, cancellation of travel privileges like NEXUS/Global Entry, notes on your file that complicate all future crossings, and in serious cases a long-term or even lifetime inadmissibility bar that requires a waiver to overcome. If you’re unsure how to answer, say so and ask to speak with a lawyer rather than guessing.
How Daley Byers helps as your Criminal Defence Team
We’re criminal lawyers first and last. Our job is to defend criminal charges in Ontario and shape an outcome that protects your record, your life and, where relevant, your ability to travel. We can apply for U.S. waiver or record suspensions (pardon) However our primary task is to obtain results which avoid border issues.
Talk to a Criminal Lawyer Today
Charged or under investigation in Ontario? Contact Us today for a confidential review.
Disclaimer: The information in this article is provided for general informational purposes only and does not constitute legal advice. Every situation is unique, and readers should not act or refrain from acting based on this content without seeking advice from a qualified lawyer regarding their specific circumstances. Laws can change, and we cannot predict the future as it relates to American Immigration policy.
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]]>What Happens After a DUI Arrest in Ontario?
Being arrested for impaired driving, often called a DUI in Ontario, is a stressful and confusing experience. Many people don’t know what happens next or how the process unfolds. While every case is different, there are several steps that almost all individuals face after being charged with impaired driving in Ontario.
The Traffic Stop and Initial Investigation
A DUI arrest often begins with a traffic stop. Police may pull over a driver for speeding, erratic driving, to check sobriety, or as part of the roadside R.I.D.E. program. An officer may also stop a vehicle simply to verify that the driver has a valid drivers licence, insurance, and ownership documents.
Thereafter the officer, if he or she wishes, can then make a demand for a roadside sample of breath, sometimes referred to as a roadside screening test or a Standardized Field Sobriety Test SFST). For alcohol, if there is a lawful stop the officer does not need to first suspect alcohol consumption in order to make this demand. For drugs however, the officer must have reasonable suspicion that the driver has drugs in their system before requesting roadside testing.
Failing the test (i.e. by providing an inadequate sample), or outright refusing it, will likely lead to an arrest and criminal charges. There are defences available when charged with failing or refusing to provide a roadside sample.
Being Arrested and Taken into Custody
If police believe there is evidence of impairment, or if the roadside test result indicates that the driver is over the legal limit, they will place the driver under arrest. At this stage, individuals are supposed to be advised as follows:
1. That they are under arrest;
2. The charge(s) that they are arrested for;
3. Rights to counsel, including the right to speak to counsel of their own choice, or a free duty counsel;
4. And cautioned regarding providing statements.
After the arrest, the individual is transported to the police station for additional testing and is usually kept in custody until sober enough to be released. The charges that may follow include impaired operation, driving with a blood alcohol concentration “80 mg or more,” (often referred to as “over 80”) and/ or failing or refusing to comply with a demand.
Immediate Licence Suspension and Vehicle Impoundment
Ontario’s Administrative Driver’s Licence Suspension (ADLS) program imposes automatic consequences the moment someone is charged with impaired driving. This includes an immediate 90-day licence suspension and a seven-day vehicle impoundment. These penalties are applied right away, regardless of the outcome in court.
Release Conditions and Court Paperwork
Once the arrest and processing are complete, individuals may be released with certain documents that outline the next steps in the process. This can include paperwork such as a Promise to Appear in court and a Notice of Suspension relating to the person’s driver’s licence. Depending on the circumstances of the case, there may also be additional conditions attached to the release. These can vary but may involve restrictions on alcohol use, requirements to remain in a particular jurisdiction, restrictions on driving, or other limitations set by the authorities. In serious cases, the individual under arrest can be held for a bail hearing.
It’s important to pay close attention to the first court date listed on this paperwork, as it marks the beginning of the formal proceedings. Missing this appearance can lead to more complications, including the possibility of additional charges. While the specific documents and conditions differ from case to case, they all serve to ensure that individuals remain accountable throughout the legal process.
The Court Process Explained
The court process following a DUI arrest in Ontario typically unfolds in several stages:
First Appearance:
A short hearing where the accused is expected to appear, often to receive disclosure (the evidence collected by police).
Disclosure Review:
This package can include police notes, witness statements, and
technical records such as breathalyzer calibration logs.
Pre-Trial Discussions:
The Crown and Defence may meet to discuss possible resolutions
or narrow down trial issues.
Trial:
If no resolution is reached, the matter proceeds to trial where evidence and testimony are presented. In some instances, a judicial pretrial is conducted prior to setting trial dates. At the judicial pretrial the defence counsel, the crown and a Judge (who will not be the trial judge) may discuss possible resolution, triable issues and estimate the time for trial.
This process can take months or longer depending on the complexity of the case and the court’s schedule.
The Consequences of a DUI Conviction in Ontario
A conviction for impaired driving carries escalating penalties depending on whether it’s a first, second, or subsequent offence.
First offence:
Minimum fine of $1,000, a one-year licence suspension, and mandatory completion of an education program before reinstatement. The minimum fine for
impaired operation is $1000.00. With respect to “80 plus” (over 80) charges there is a graduated scale. Readings of 119 or less the minimum fine is $1,000.00. Readings of 120 – 159 the minimum fine is 1500.00 and readings 160 or more the minimum fine is 2000.00.
Second offence:
At least 30 days in jail, and a minimum licence suspension of 2 years.
Third or subsequent offences:
A minimum of 120 days in jail, minimum licence suspension of 3 years.
Other consequences may include victim surcharges, mandatory treatment programs, and probation orders. The Ministry of Transportation also imposes ignition interlock device restrictions, which add both cost and inconvenience to regaining driving privileges. For novice and young drivers (under 21), Ontario enforces a strict zero-tolerance policy, meaning any detectable alcohol or drug use can result in immediate penalties. Commercial drivers are held to the same standard.
Next Steps
Facing an impaired driving charge in Ontario is obviously not something to take lightly. From the moment of arrest, the process can move quickly. Beyond the legal procedures, a conviction can carry long-term consequences that affect everything from your ability to drive, a criminal record, possible immigration consequences and even your ability to travel outside of Canada.
This article is meant to provide an overview of what typically happens after a DUI arrest, but every case is different and the stakes can be high. The decisions made early on can have a lasting impact, which is why it’s important to get clear information about your options as soon as possible.
If you or someone you care about is dealing with an impaired driving charge, don’t wait until the situation feels overwhelming. Reach out to Daley Byers Criminal Lawyers to schedule a free and confidential consultation with experienced defence lawyers who can guide you through the process. The lawyers at Daley, Byers have successfully defended thousands of clients charged with a refuse sample, DUI or impaired driving. We will go to court for you, you will not have to attend until absolutely necessary.
Disclaimer: The information in this article is provided for general informational purposes only and does not constitute legal advice. Every situation is unique, and readers should not act or refrain from acting based on this content without seeking advice from a qualified lawyer regarding their specific circumstances.
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]]>If you have been charged with a criminal offense, the first thing you should do is find a good criminal defense lawyer. A criminal defense lawyer can help you navigate the legal system and protect your rights. In this blog post, we will discuss the importance of hiring a criminal defense lawyer and how to find the right one for your case.
Why You Need a Criminal Defense Lawyer
If you have been charged with a crime, you need a criminal defense lawyer. The criminal justice system is complex and can be overwhelming. A criminal defense lawyer can help you understand your rights, explain the charges against you, and help you navigate the legal system.
A criminal defense lawyer can also help you build a strong defense. They will investigate the case, interview witnesses, and gather evidence to support your case. They will also represent you in court and negotiate with prosecutors to try to get the charges against you reduced or dismissed.
How to Find the Right Criminal Defense Lawyer
Finding the right criminal defense lawyer can be a challenge, but there are several things you can do to make the process easier. Here are some tips to help you find the right criminal defense lawyer for your case:
1. Look for a Lawyer with Experience in Criminal Defense
Criminal defense is a specialized area of law, and you want to make sure that the lawyer you hire has experience in this area. Look for a lawyer who has handled cases similar to yours and has a track record of success.
2. Check their Reputation
Check the lawyer’s reputation by reading reviews and testimonials from previous clients. You can also check their ratings on legal directories like Martindale-Hubbell or Avvo. A lawyer with a good reputation is more likely to provide quality legal representation.
3. Meet with the Lawyer
Schedule a consultation with the lawyer to discuss your case. Use this opportunity to ask questions and get a feel for the lawyer’s communication style. You want a lawyer who will listen to your concerns and explain the legal process in a way that you can understand.
4. Consider their Fee Structure
Before hiring a lawyer, make sure you understand their fee structure. Some lawyers charge by the hour, while others charge a flat fee or work on a contingency basis. Make sure you know what you will be expected to pay and when.
5. Trust your Instincts
Finally, trust your instincts. If something feels off, it probably is. You want a lawyer who you feel comfortable with and trust to represent you in court.
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]]>Essay Writing Service Writemypapers.org
Writing an essay is, to put it mildly, an absolute nightmare. If it’s a small topic that you’re not particularly fond of, doing all the hard work can be time-consuming and downright frustrating, and writing is even more tedious, especially when it’s a relatively small topic.
Research and selection of the optimal project topic
One of the services you can consider is the online article delivery service. These services offer several different formats such as articles, stories, and even reports, meaning you can use them to write your essays.
The good news is that most of these websites provide their authors with samples of essays they have already written, and the reason for this is that they have done some research and then can show examples of their work. This means that you know exactly what you are getting into and there are no hidden costs or delays.
Satisfaction with the services of Writemypapers.org
It is also worth noting that most of these services are not disappointing in terms of results. Several companies offer quality results, and each will provide you with feedback and recommendations on their customers so you know you are getting the best possible service.
- Second, it also means that you can spend more time researching and finding topics and areas of interest that you may not have thought about.
A good way to decide which one to use is to ask them for a sample and then check essay writer to see if you agree with them. Keep in mind that different writing service providers will have different rates, and you should ask a few different questions before deciding which one to go with.
Another thing you can do is look on the Internet and see what other people think of a good service provider. Think about what other people think and ask them if they think it would be good for you to work with them.
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]]>Let’s Take a Peek at Voyeurism section 162 Criminal Code
Cases of voyeurism seem to be constantly in the news. On October 3, 2019 it was reported that Waterloo police had another Peeping Tom investigation in the Waterloo university district involving a cell phone that was seen being held. up to a kitchen window. About a week earlier a similar complaint was made regarding a cellphone up to a bedroom window. At Daley, Byers we have defended most every imaginable scenario of voyeurism allegations; from cell phone pictures up dresses, to cameras in air vents, to a camera in toothpaste tube carefully placed in a public shower, to peep holes through walls, to cell phone pictures in change rooms and bathroom stalls, to a simple case of a Peeping Tom and the list goes on and on.
There are a number of potential defences to the charge of voyeurism
Section 162 if the Criminal Code creates the offence of voyeurism and it reads as follows.
- 162 (1) Every one commits an offence who, surreptitiously, observes, including by mechanical or electronic means- or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if
(a) the person is in a place in which a person can reasonable be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity,
(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state, or engaged in such an activity; or
(c) the observation or recording is done for a sexual purpose
(5) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 5 years; or
(b) is guilty of an offence punishable on summary conviction.
Obviously, an expectation of privacy is crucial to the charge of voyeurism. The crown must prove that the complainant had an expectation of privacy in the circumstances of the case.
In addition, many times the case is contingent upon pictures being found on a cell phone. The search of the phone must be legally authorized failing which the pictures are not likely to be admitted into evidence.
In cases, where pictures are found on a phone, the Crown must prove that the pictures were taken without consent. Often the search may reveal pictures, but the individuals cannot be located (up dress pictures, pictures on a beach, pictures in a shopping mall). Although there may be a collection of pictures, the Crown must prove the pictures were taken sureptiously.
In some cases of voyeurism, it is possible to resolve by way of a plea to another charge. We recently resolved a charge of voyeurism to a charge of mischief contrary to s. 430 (c) – obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property. It is also important in voyeurism cases to be cognizant of the requirement for registration under the Ontario Sex Offender Registry often referred to as Christopher’s Law in certain instances and how this can be avoided.
If you are charge with voyeurism give us a call for a free consultation and hopefully we will be able to assist you through the process for a favourable result.
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]]>Section 162.1 of the Criminal Code creates the offence of publishing, distributing, transmitting, selling or make available or advertise an intimate image of a person without that person’s consent.
The definition of intimate image any visual recording made by any means including a photographic, film or video recording;
- In which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;
- Where at the time of the recording there were circumstances that gave rise to a reasonable expectation of privacy;
- Where that reasonable expectation of privacy exists at the time of the offence.
Distribution of intimate images is often referred to as revenge porn. It most often occurs where a couple has originally created a consensual recording, or one person may have sent a provocative picture to a partner on the presumption that it will remain between the 2 of them. Then of course, they break up and the intimate image(s) are then displayed on social media of some sort.
According to a recent article in the LAW TIMES quoting form research published in the “Canadian Journal of Law and Society” on May 13 Judges are imposing harsher sentences as a means of sending a message to the general public (general deterrence) that this activity will not be tolerated. Ie. “Think before you text”.
The report states that Judges are viewing the harm caused by the distribution of intimate images as extremely impactful.
Prior to the easy access of social media, taping photos on bathroom stalls or distributing video tapes in mailboxes were methods used to distribute intimate images. However, with the arrival of social media and the scope of the publication and distribution now available, the courts have stated that the digital/online technology has made the act of the distribution of intimate images more impactful.
With respect to the appropriate sentence, the factual context is important.
Is the distribution of an intimate image a youthful act of emotional upset due to a break up?
Is the distribution of an intimate image a continuation of a long abusive domestic relationship?
Where and how was the intimate image distributed? For example, in some instances the pictures/videos are sent to family members or close friends of the individual depicted in order to cause extreme embarrassment. In some case the intimate images are shown to friends as a form of showing off.
In some cases, the intimate images are displayed on porn sites for the world to see.
Also, the perspective of the complainant will be considered by the Crown and the Court with respect to resolution and disposition.
Regardless, it is clear that the Courts are treating the distribution of intimate images as an extreme violation of privacy.
The Criminal Code sets out the range of sentence at s. 162.1(1).
If the Crown proceeds by way of indictment – jail up to 5 years
If the Crown proceeds by way of summary conviction – up to a $5000.00 fine, up to 6 months in jail or a combination of both.
There are a number of defences to the charge of distribution of intimate images.
Another closely related charge to the distribution of intimate images is the offence of Voyeurism as it includes the surreptitious creation of recordings of a person who is in circumstances that give rise to a reasonable expectation of privacy. We will discuss this charge of Voyeurism in our next article.
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Toddler injured in Toronto October 13 – the driver and passenger failed to remain! On Sunday morning as reported in the Globe and Mail a hit and run driver severely injured a 20-month-old boy who was in a stroller on a sidewalk. Apparently 2 individuals exited the motor vehicle and saw the toddler’s injuries. One got back in the car and drove away, the other allegedly ran away. Fail to remain at the scene of an accident coupled with leaving someone injured is considered by the Courts to be both cowardly and selfish act. It is assumed that the failure to remain is to avoid taking responsibility for their conduct. In our 38 years of criminal law defense work, I have come across numerous reasons that writing paper individuals have failed to remain at the scene of an accident.
Some examples of the reasons former clients have failed to remain:
- They don’t have insurance on their motor vehicle.
- Their car contained a significant number of drugs.
- They had been drinking and wanted to avoid an impaired driving charge.
- They were trying to avoid the consequences of the actual driving that caused the accident.
- They had to get to work.
- There was a warrant out for their arrest.
With respect to the incident this weekend on Toronto streets, Mayor John Tory again stepped in to provide his views on the inadequacies of the judicial system. “I fully support an increase in penalties for those involved in collisions with pedestrians and steeper consequences for those who flee the scene.”
Quite frankly I wish municipal politicians would keep their views regarding the efficacy of the judicial system to themselves.
Firstly, there are significant penalties imposed in accident cases. The Courts consider, the nature of the driving, the sobriety of the driver, the injuries (or death), and of course whether the accused remains at the scene of an accident. In the case of R. v. Muzzo, the court imposed a 10-year sentence.
The Criminal Code provides:
- Dangerous driving s. 249 (also referred to as dangerous operation)
- Up to 5 years in jail
- Dangerous driving cause bodily harm s. 249(3)
- Up to 10 years in jail
- Dangerous driving cause death s. 249(4)
- Up to 14 years in jail
- Fail to remain (Fail to Stop at the Scene) s. 252
- Up to 5 years in jail
- Fail to remain cause bodily harm (Fail to Stop at Scene)s. 252 (1.2)
- Up to 10 years in jail
- Fail to remain cause death (Fail to Stop at Scene) s. 252(1.3)
- Up to life in jail
There are numerous other charges that carry significant penalties.
Criminal Negligence cause bodily harm s. 221
- Up to 10 years in jail
Criminal Negligence cause death s. 220
- Up to life in jail
Flight from Police s. 249.1
- Up to 5 years in jail
Flight from Police cause bodily harm s. 249.1 (4)(a)
- Up to 14 years in jail
Flight from Police cause death s. 249.1 (4)(b)
- Up to live in jail
The Courts do consider all the aggravating factors when deciding on the appropriate sentence and attempt to balance those factors against the individual circumstances of the accused. Long jail sentences are regularly imposed in cases of significant injury or death.
With the increase in the number of cars on the streets and the increase in the power and speed of vehicles, it is important that driving safely be emphasized. The new laws on distracted driving clearly have helped. Perhaps photo radar should be re-implemented as it will slow people down.
The real point of this article, however, is to clarify that the Courts are doing their job, the Justice system is working, and in cases of Fail to remain (Leave the Scene as it is referred to in the Criminal Code), where there is bodily harm or death, the sentence imposed will take into account the gravity of the situation. Note that the Courts can and do impose a driving prohibition and a license suspension is automatic under the Highway Traffic Act in addition to what the rest of the sentence may include.
As defense counsel it is our job in these cases to determine if the Crown can actually prove the charge. If not we will go to trial as everyone is innocent until proven guilty. On the other hand, if the Crown can prove the charge it is our job to present mitigating circumstances so that a proper balance can be achieved between the competing interests of general deterrence and personal rehabilitation.
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