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Criminal Defence

We believe that if you’ve been charged with a criminal offence, you deserve to be represented by knowledgeable lawyers who will give your file individual care and attention, conduct an exhaustive investigation, challenge the prosecution’s case from every possible angle, defend your rights, and seek the most favourable outcome for you. We also recognize the cost involved in retaining quality legal counsel, and Aitken Robertson provides flexible fee arrangements.

domestic assault
May 25, 2021

Domestic Assaults

A ‘domestic assault’ refers to an assault that occurs during a domestic relationship, such as between married partners, common-law partners, dating couples, and parents and children. They are treated more severely than other assault offences.
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sex assault
May 25, 2021

Sex Assaults

A ‘sexual assault’ refers to an assault that involves some nature of sexual touching, or a sexual overtone. These can range from merely touching a body part up to and including something such as rape.
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assaults
May 25, 2021

Other Assaults & Threats

In general terms, an ‘assault’ is the use of force or attempted use of force on another person. These offences could include general assault, aggravated assault, assault with a weapon, and criminal harassment.
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internet crimes
May 25, 2021

Internet Crimes

In today’s day and age, the Internet and social media have opened up new pathways for new types of offences. These can be widely varied: many common charges include child pornography, revenge porn, and libel/defamation.
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bail
February 17, 2013

Bail Hearings

A bail hearing will determine whether an accused will be released from custody for the period leading up to the actual trial. Here is an overview of the hearing procedure and what you can expect during the process.
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Drug Charges in Ontario
August 17, 2012

Drug Charges

Drug charges are laid for ‘possession’ and/or ‘trafficking’. Each comes with its own set of penalties as per the Criminal Code of Canada. Click to learn more about the specific Code provisions and what they entail.
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young offenders
August 17, 2012

Young Offenders

Individuals under the age of majority who have been charged will be treated under the Youth Criminal Justice Act. Youth matters are generally treated with a greater focus on rehabilitation rather than deterrence, and more on reparation than on retribution.
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shoplifting charges ontario
November 18, 2012

Shoplifting Charges

Shoplifting involves the offence of theft under $5,000 as per the Criminal Code of Canada. While it may not be considered as serious as other crimes, penalties can still include jail time, fines, and the burden of a criminal record.
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fraud
August 17, 2012

Fraud Charges

Simply put, ‘fraud’ occurs when someone knowingly tricks a person or the larger public out of some kind of property, such as money, an item, land, a service, or shares in a company.
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mischief charges in ontario
August 17, 2012

Mischief Charges

Mischief occurs when someone wilfully destroys or damages property, or if they render it dangerous, inoperative or ineffective. It can also be considered mischief if one’s actions obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property.
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criminal appeal
August 17, 2012

Criminal Appeals

If you’ve been convicted of a criminal offence, here are the Ontario criminal appeal rules you need to know to appeal your criminal conviction or sentencing. Keep in mind you only have a short period of time to serve and file your appeal.
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Reasons to Get a Pardon
November 6, 2012

Pardons

An official pardon (also known as a “Record Suspension”) could erase your criminal record history, giving you peace of mind, better job prospects, and remove other burdens such as difficulties immigrating or crossing the border.
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peace bond
March 22, 2021

Peace Bonds

A ‘peace bond’ is an order made by a judge, where the defendant is subjected to obey certain conditions to prevent them from committing an offence. Common conditions include no-contact orders, abstaining from owning a weapon, and/or a good behaviour requirement.
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theft charges ontario
August 17, 2012

Theft Charges

Theft occurs where anyone fraudulently and without colour of right, either takes or converts anything with the intent to deprive the owner or the person who has a special interest in it.
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driving offences
August 15, 2012

Dangerous Driving and Traffic Charges

Some Highway Traffic Act Offences (HTA) carry very serious consequences. Here are some of the ones that we deal with most frequently.
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Recent Successes for Our Clients with Criminal Charges

CASE STUDY: Sexual assault in Peterborough, 2023

The test for whether a Crown should prosecute or not is whether there is “a reasonable prospect of conviction.” I therefore needed to convince the Crown attorney that they had no reasonable prospect of conviction and that the charged should be dropped.

CASE STUDY: Sexual assault in Peterborough

Our client was in Canada visiting family on a visitor’s visa. The easiest solution was to have him return to his home country once these charges were disposed of. Complicating matters, his passport had been seized by the police.

CASE STUDY: Robbery, Dangerous Weapons

The Crown seemed to have a pretty good case: the “victim” was willing to testify against my client. However, I felt that perhaps Mr. S had been overcharged by the police.

CASE STUDY: Impaired driving causing death

Although the charge was very serious, the goal remained the same – acquittal or at least very significant damage control.

CASE STUDY: Domestic Assault Charges in Oshawa

Our client, Mr. P, was accused of domestic assault by a former partner in the midst of contentious family law proceedings. Based on historical allegations, he was accused of hitting her in the head during a verbal argument, leading to her getting a concussion. Mr. P denied these accusations: he didn’t believe that this incident had occurred.

CASE STUDY: Sexual assault, choking

Importantly, this client avoided a sex offender registration. All of the criminal charges were withdrawn.

CASE STUDY: Assault in Perth Ontario

We thought that what the Crown was seeking was harsh given that there were no injuries, and wanted to get a better outcome for our client.

CASE STUDY: Domestic assault, resisting arrest

Even though the Crown was not seeking jail time in this case, the goal was to ensure a non-criminal outcome for our client.

CASE STUDY: Sexual assault, forcible confinement, mischief

The result of the negotiation was a success. Mr. F entered a plea of guilty to a common assault, and the sexual assault and mischief charges were withdrawn.

CASE STUDY: Assault, mischief, dangerous driving

The consequences of a criminal conviction in this case were severe because our client worked in healthcare.

CASE STUDY: Assault with a weapon, pointing a firearm

Serious charges were withdrawn and our client received a conditional discharge, which meant that he would have no criminal record.

CASE STUDY: Sexual Assault in Kitchener-Waterloo

Our client, Mr. F, was accused by a close family member of sexual assault, indecent exposure, and assault. He was accused of sexually assaulting her when she was young, and later exposing himself to her. He was also accused of committing an assault on her