Criminal Laws Archives - Alberta Criminal Laws

Criminal Laws

Racism in policing: arbitrary detention of racial minorities by the police

Racism is an unfortunate fact of life but it becomes especially insidious in all aspects of criminal justice. We are currently witnessing in the United States of America how police brutality can manifest itself in racist environments with devastating consequences for blacks, Hispanics, and Native Americans.

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Criminal Laws

How is a Threat Defined Legally?

While charges of uttering a threat are a common part of a criminal defence lawyer’s trial practice, many people are unaware of the legal definition of threat and often do not realize the serious consequences of making a threat.

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Criminal Laws

How is Fraud Defined?

Section 380 of the Criminal Code of Canada states that a person “…who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,” is guilty of fraud.

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Criminal Laws

Entrapment: can the police lawfully induce the commission of a crime?

In the fight against drug trafficking, a commonly-used police technique consists of an undercover officer dialing the telephone number of a suspected drug dealer and setting up a buy. The arrest occurs when the dealer arrives to complete the transaction. Is this entrapment?

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Criminal Laws

Trafficking in hard drugs: must the punishment always be jail?

The use of illicit and especially “hard” drugs like cocaine is inherently dangerous. The criminal law has long forbidden drug trafficking and the courts in Alberta, in particular, have consistently imposed substantial jail sentences for those convicted of trafficking in hard drugs.

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Criminal Laws

I’ve been charged with assaulting my partner (or family member): domestic violence and the courts

Domestic violence encompasses a broad category of offences such as assault, mischief, threats, aggravated forms of assault, sexual assault or interference, and criminal harassment, in which the parties are involved in intimate relationships: boyfriends, girlfriends, spouses, children, step or adoptive parents, or other family relations.

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Criminal Laws

I’m a witness but I told the police something that isn’t truthful: independent legal advice in criminal cases.

It sometimes happens that a witness in a criminal case will need to communicate something, before having to testify in court, whether to counsel involved in the case, the police, or the prosecution. For example, a person may have reported something to the police that is inaccurate or even misleading and needs to “come clean”.

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Criminal Laws

The police stopped my car, searched it, and discovered drugs: issues in search and seizure law

A police search of a vehicle arising from a traffic stop, conducted without a warrant, can raise Charter issues relating to search and seizure and arbitrary detention.

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Criminal Laws

The law of bail: can someone charged with serious offences get bail?

The seriousness of an offence is just one of several considerations that determines whether a person charged with a criminal offence can be released before trial.

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Criminal Laws

I’m a foreign national: what happens if I get criminally charged in Canada?

The consequences of a criminal conviction in Canada depend on a person’s residency status. Of course, Canadian citizens do not face immigration consequences if they are convicted of crimes. Broadly speaking, there are two categories of individuals in Canada who do need to be concerned when criminally charged.

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