When a person consumes alcoholic beverages, the alcohol in the beverage freely mixes with the water in the blood and other body systems. The blood alcohol concentration (BAC) which is an important measurable parameter is correlated with the impairment of the person’s driving abilities.
On June 26, 2020, the Ontario Superior Court of Justice released its decision regarding the trial of police officer Michael Theriault and his brother Christian Theriault. The brothers had been charged with aggravated assault and obstruction of justice for an altercation with a young black man, Dafonte Miller. During the altercation, Miller had been hit with a metal pole, and the injuries were severe enough that, while he survived, he lost his left eye. Judge Joseph Di Luca found Michael Theriault guilty of assault and acquitted on both sets of aggravated assault and obstruction of justice charges.
Aitken Robertson proudly operates not as a group of individual lawyers, but as a team of lawyers, paralegals, clerks, students, and support staff. After a free 30-minute consultation we’ll begin looking into how best to reach your desired outcome.
“Domestic Violence” is not, in and of itself, a prohibition in the Criminal Code of Canada. But s.9 of the Code makes it clear that for something to be a crime, it must be found within the Code, so what then is domestic violence?
If you’ve been charged criminally and released on bail, your life has likely been made more difficult by complex restrictions placed on you by the courts.
The reality is that the law treats certain groups one way, and other groups in another way, and this is a central tenant of the Youth Criminal Justice Act (YCJA): treat children one way, youth another, and adults another.
Simply professing your innocence is not enough to win a trial, you need a defence strategy, and that is exactly what a defence lawyer creates and executes on your behalf.
If you take a casual read through the Criminal Code of Canada (which I in no way recommend because it is perhaps the thickest and least interesting book on my shelf) you may be curious why you didn’t find any crime called “domestic violence” or “domestic assault”.
Saying you’ve “got a DUI” is like saying you “own a car”. While, broadly speaking, it can be a true statement that tells most audiences a piece of information, there are key details missing from it. If your mechanic asked you what car you owned for the purpose of ordering a replacement part, simply saying “a car” won’t give him the information he needs. Likewise, if your lawyer asks you what kind of DUI you’ve been charged with, simply “driving under the influence” doesn’t give them much to go on.
If you’re facing charges for a violent crime in the domestic context in Peterborough, you’re likely at least a little panicked right now. First, take a breath, the charges can be fought. Before you can be sentenced to any penalties the Crown must prove that it is likely, beyond a reasonable doubt, that you did what they’ve accused you of.