“White Collar Crime” is a term that refers to a group of criminal offences (charges) that are primarily considered business-related or money-related crimes. Here are some examples of provisions of the Criminal Code of Canada that address fraud or “white collar crime”. If you are charged with these offences, you may face serious penalties if convicted. In addition, you will face long-term difficulty getting employment and travelling to the United States.

Some of these provisions have been paraphrased to make them easier to follow.

Theft
322. (1) Every one commits theft who fraudulently … takes, or … converts to his use or to the use of another person, anything, …with intent

(a) to deprive … the owner of it …

(b) to pledge it or deposit it as security;

(c) to part with it under a condition … that the person … may be unable to perform; or

(d) to deal with it in such a manner that it cannot be restored …

(3) A taking … may be fraudulent … without secrecy or attempt at concealment.

Theft by person holding power of attorney
331. Every one commits theft who, [misappropriates money while acting as power of attorney].

Misappropriation of money held under direction
332. (1) Every one commits theft who, [misappropriates money held for direction].

Criminal breach of trust
336. Every one who, being a trustee of anything … for a public or charitable purpose, converts, with intent to defraud … to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Fraudulent concealment
341. Every one who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Theft, forgery, etc., of credit card
342. (1) Every person who:

(a) steals …

(b) forges …

(c) possesses, uses or traffics in a credit card … knowing that it was obtained, made or altered …

(d) uses a credit card knowing that it has been revoked or cancelled,

is guilty of (e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or

(f) an offence punishable on summary conviction.

Unauthorized use of credit card data
(3) Every person who, fraudulently … possesses, uses, traffics in or permits another person to use credit card data, whether or not authentic, … is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.

Making, having or dealing in instruments for forging or falsifying credit cards
342.01 (1) Every person who, without lawful justification …

(a) makes or repairs,

(b) buys or sells,

(c) exports from or imports into Canada, or

(d) possesses any device …

for use in forging or falsifying credit cards is … liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.

False Pretences
361. (1) A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.

362. (1) Every one commits an offence who

(a) by a false pretence … obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;

(b) obtains credit by a false pretence or by fraud;

(c) knowingly makes … a false statement in writing … with respect to the financial condition or means or ability to pay …

(i) the delivery of personal property,

(ii) the payment of money,

(iii) the making of a loan , … or credit …

(vi) the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or

(d) knowing that a false statement in writing has been made …

Presumption from cheque issued without funds
(4) Where … it is shown that anything was obtained …by means of a […] cheque [that does not clear] … it shall be presumed to have been obtained by a false pretence, unless the court is satisfied by evidence that when the accused issued the cheque he believed on reasonable grounds that it would be honoured …

Obtaining execution of valuable security by fraud
363. Every one who, with intent to defraud or injure another person, by a false pretence causes or induces any person

(a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or

(b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security, … liable to imprisonment for a term not exceeding five years.

Forgery and Offences Resembling Forgery
366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

(a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or

(b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

Making false document
(2) Making a false document includes

(a) altering a genuine document in any material part;

(b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or

(c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

(3) Forgery is complete as soon as a document is made…

(4) Forgery is complete notwithstanding that the false document is incomplete …

Uttering forged document
368. (1) Every one who, knowing that a document is forged,

(a) uses, deals with or acts on it, or

(b) causes or attempts to cause any person to use, deal with or act on it, as if the document were genuine,

(c) … liable to imprisonment for a term not exceeding ten years; or

(d) is guilty of an offence punishable on summary conviction.

(2) For the purposes of proceedings under this section, the place where a document was forged is not material.

Exchequer bill paper, public seals, etc.
369. Every one who, without lawful authority …

(a) makes, uses or knowingly has in his possession (i) any … paper that is used to make bank-notes, or

(b) … has in his possession any plate, die, machinery, instrument or other writing or material … intended to be used to commit forgery … is liable to imprisonment for a term not exceeding fourteen years.

Drawing document without authority, etc.
374. Every one who

(a) with intent to defraud … makes, executes, draws, signs, accepts or endorses a document in the name or on the account of another person … or

(b) makes use of or utters a document … made, executed, signed, accepted or endorsed with intent to defraud … liable to imprisonment for a term not exceeding fourteen years.

Obtaining, etc., by instrument based on forged document
375. Every one who demands, receives or obtains anything, or causes or procures anything to be delivered or paid to any person under, on or by virtue of any instrument issued under the authority of law, knowing that it is based on a forged document, …liable to imprisonment for a term not exceeding fourteen years.

PART X

FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE
Fraud
380. (1) Every one who, by deceit, falsehood or other fraudulent means … defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) … liable to a term of imprisonment not exceeding ten years, where ( a will is involved ) or the value …exceeds five thousand dollars; or

(b) is …liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction, where the value …does not exceed five thousand dollars.

Affecting public market
380 (2) Every one who, by deceit, falsehood or other fraudulent means … with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale … liable to imprisonment for a term not exceeding ten years.

Using mails to defraud
381. Every one who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is … liable to imprisonment for a term not exceeding two years.

Fraudulent manipulation of stock exchange transactions
382. Every one who, through the facility of a stock exchange … with intent to create a false or misleading appearance of active public trading …with respect to the market price of a security,

(a) effects a transaction in the security that involves no change in the beneficial ownership thereof, (

b) enters ( matching buy and sell orders ) is … liable to imprisonment for a term not exceeding five years.

Gaming in stocks or merchandise
383. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,

(a) makes or signs … any contract or agreement, oral or written, purporting to be for the purchase or sale of shares or stock or goods, wares or merchandise, without the bona fide intention of acquiring or

(b) delivering the shares, goods, wares or merchandise or of selling them, as the case may be, but this section does not apply where a broker, on behalf of a purchaser, receives delivery…

Fraudulent receipts under Bank Act
390. …liable to imprisonment for a term not exceeding two years who

(a) willfully makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or

(b) willfully,

(i) after giving to another person,

(ii) after a person employed by him has, to his knowledge, given to another person, or

(iii) after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

Disposal of property to defraud creditors
392. Every one who,

(a) with intent to defraud his creditors,

(i) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or

(ii) removes, conceals or disposes of any of his property, or

(b) with intent that any one should defraud his creditors, receives any ( such ) property … imprisonment for a term not exceeding two years.

Falsification of Books and Documents
397. (1) Every one who, with intent to defraud,

(a) destroys, mutilates, alters, falsifies or makes a false entry in, or

(b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document … liable to imprisonment for a term not exceeding five years.

(2) Every one who, with intent to defraud his creditors, is privy to the commission of an offence under subsection

(1) is … liable to imprisonment for a term not exceeding five years.

False prospectus, etc.
400. (1) Every one who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that he knows is false in a material particular, with intent

(a) to induce persons, whether ascertained or not, to become shareholders or partners in a company,

(b) to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or

(c) to induce any person to

(i) entrust or advance anything to a company, or

(ii) enter into any security for the benefit of a company, is … liable to imprisonment for a term not exceeding ten years.

(2) In this section, “company” means a syndicate, body corporate or company, whether existing or proposed to be created.

Personation with intent
403. Every one who fraudulently personates any person, living or dead,

(a) with intent to gain advantage for himself or another person,

(b) with intent to obtain any property or an interest in any property, or

(c) with intent to cause disadvantage to the person whom he personates or another person, is … liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction.

Possession, etc., of counterfeit money
450. Every one who …

(a) buys, receives or offers to buy or receive,

(b) has in his custody or possession, or

(c) introduces into Canada, counterfeit money is … liable to imprisonment for a term not exceeding fourteen years.

Uttering, etc., counterfeit money
452. Every one who, without lawful justification or excuse, the proof of which lies on him,

(a) utters … or uses counterfeit money … or

(b) exports, sends or takes counterfeit money out of Canada, is … liable to imprisonment for a term not exceeding fourteen years.

If you have been charged with fraud in Ontario or if you have been charged with a white collar crime in Ontario, you need expert advice from an experienced criminal defence lawyer. Contact a fraud lawyer at Auger Hollingsworth to have your case reviewed by an experienced defence lawyer. Contact Richard Auger at richard@ottawalawfirm.ca or by telephone at 613 233-4529.

Defending Drunk Driving Charges in Ontario

Experienced Ontario criminal defence lawyer Richard Auger regularly defends clients charged with motor vehicle offences, including impaired driving, driving “over 80″ and refusal to provide a breath sample.

If you are convicted of an impaired driving offence, the penalties are serious:

Minimum one-year driving prohibition;
Fine ranging from $600 to $2000;
Ignition interlock for at least one year (rental cost about $1200 annually);
Mandatory attendance at a remedial program at a cost of about $500 prior to licence reinstatement; and
A criminal record.

Some people convicted of impaired driving and other drunk driving offences serve jail sentences.

In addition, you will likely suffer a significant increase in your car insurance premiums after conviction.

If your blood alcohol was more than double the legal limit, or you had a collision, someone was injured or you have a previous conviction for a similar driving offence, the repercussions may be much more severe.

You could face a jail sentence and a life-time driving suspension.

How can Richard Auger help you win your case?

There are several defences that may apply depending on circumstances.

We know how to review the disclosure (the Crown’s evidence, primarily from the police) to determine if your Charter rights were violated during the process leading up to your arrest. We will look at:

the reason you were stopped,
if and how the road side screening test was administered,
whether and how you were given your rights to counsel,
whether the timelines prescribed by the Criminal Code were followed,
…among other things.

We will consider whether there is evidence that you were not in fact over the legal alcohol limit.

We will consider whether you were actually driving, or in care or control, of the car.

Once we have an understanding about the weaknesses in the Crown’s case, we will discuss your options with you. We can show the Crown the problem with the case and encourage a favorable resolution for you, including that the charges be withdrawn.

We are always prepared to defend you vigorously at trial.

How Can You Help Yourself and Improve the Chances Your Case Will be WON?

It is tempting to tell your family and friends the “whole story” leading to your arrest. Don’t. Keep the details to yourself and your lawyer.

Make detailed notes of what happened of the events leading up to your arrest and provide them to your lawyer. Try to make these notes as soon as possible after you are released from the police station while the events are still fresh. At the top of these notes write the title “Private and Confidential Notes for the purpose of obtaining Legal Advice”.

In your notes, record:

what you ate and when (start with breakfast and work through the day);
where you were and at what time;
what, if anything you had to drink;
the size and strength of those drinks;
how you paid for anything you consumed;
who was with you;
what route(s) you took;
how you were stopped by the police;
did you have a cell phone available;
what the police said to you;
what you said to the police;
how the road side breath test was administered;
how you got to the police station;
how the breathalyzer was administered;
what was said to you about your right to obtain legal advice;
who you contacted for legal advice; and
any other details prior to your release from the station.
Do not share the notes with anyone, but bring them with you when you meet with your lawyer.

Keep all receipts and credit card statements.

If you or a loved one need help following an impaired driving, refusal to blow, over 80 or other serious charge, call us at 613-233-4529 or email richard@ottawalawfirm.ca.

If you have asked to be a surety for a friend of loved one who is detained in custody (in jail) following an arrest, you should be asking the following questions:

What is a surety?
What are a surety’s duties?
Does a surety have to deposit money and if so how much?
What if the accused person does not comply with the bail order?
What if I no longer want to be a surety?
Who is eligible to be a surety?
Can the accused person’s lawyer give me advice about being a surety?

——————————————————————————–
Here are the answers to your questions:

What is a surety?
A surety is a person who agrees to be responsible for someone who is accused of a crime and out of custody while waiting for trial. It is a big job, not to be taken lightly.

What are a surety’s duties?

To ensure the accused person comes to court on time when required;
To ensure the accused person obeys each condition of the bail order or recognizance. For example, the accused person may have to report to police or may have a curfew. He or she may be prohibited from drinking alcohol.

Does a surety have to deposit money and if so how much?
Sometimes a cash deposit is required if someone is a surety.

More often a surety signs a bond for a certain amount.

There is no fixed amount of money that a surety must pledge. The amount will vary based on the accused person and the charges and also based on the amount that the surety pledges relative to his or her net worth.

In other words, if you only have $10,000.00 to your name the amount you may be asked to pledge could be less than if you are a millionaire.

What if the accused person does not comply with the bail order?
You should not accept to be a surety unless you are sure you can supervise the accused person.

If the accused person disobeys a condition, he or she may be charged with another criminal offence.

You may lose the money you pledge as surety.

What if I no longer want to be a surety?

The obligations of a surety last until the case is completely over. This may take a long time.

If you wish to end your role as surety before the case is over, here are your choices:

You can bring the accused person to court and ask that you be relieved of your responsibilities, or
You can come to court and apply in writing to be relieved of your duties. The court will then issue an order for the arrest of the accused person.
It is also sometimes possible to substitute one surety for another, but this must be done on an application to the Court.

Who is eligible to be a surety?
Whether or not the judge or justice of the peace accepts you as a surety is dependant on the specific situation, including the type of charges and the accused person’s criminal record.

The Court will consider your finances, your character and background. Although it is not impossible, it is unusual for someone with a criminal record to be a surety.

The Court will also consider whether the surety has the time to properly supervise the accused person. Someone whose schedule is full may not be a suitable surety.

Can the accused person’s lawyer give me advice about being a surety?
No. The accused person’s lawyer cannot give you legal advice. Sometimes a surety will obtain independent legal advise ensure that he or she is fully aware of the rights and obligations.

If you or a loved one need help getting out of jail on bail, you need an experienced criminal defence lawyer. A criminal defence lawyer at Auger Hollingsworth can assist you. Contact us by clicking here or by telephone at 613 233-4529.

The criminal defence lawyers at Auger Hollingsworth can assist our clients in jail to get released on bail. This is one of the most crucial parts of your defense strategy.

If the Crown Consents to Release You:
Often the Crown Attorney will agree to release you if the crime is not violent, not very serious or the person is not considered a flight risk. If Crown consents, your release is normally within hours.

Recognizance
A person who was arrested without a warrant will normally be released on the agreement of the Crown with a summons, appearance notice or promise to appear.

Other times, release will be conditional on the entering of a “recognizance” in an amount of up to $500.

Undertaking with Conditions
The Crown could also consent to a release based on an undertaking with conditions. For example:

To remain within a certain area;
To deposit a passport;
To notify the police of any change in address or employment;
To attend school (where applicable);
To abstain from communicating with any person or from going to any place;
To abstain from possessing a firearm and to surrender any firearm;
To report to police at specified times;
To abstain from consuming alcohol or other intoxicating substances; and/or
To abstain from taking drugs except in accordance with a medical prescription.
What if the Crown does not agree to release?
The Criminal Code of Canada mandates that someone who is being detained in jail after arrest be brought to court before a Justice of the Peace within 24 hours or as soon as possible. This timeline applies even if the arrest is on the weekend or a holiday. In most jurisdications, Justices of the Peace hold bail hearings on Saturdays and Sundays.

If the Crown doesn’t agree to a release, if the Crown cannot hold a full bail hearing within twenty-four hours, then the Crown may request to postpone the hearing for up to seventy-two hours.

Sureties
In some circumstances, delaying the hearing makes sense for the person who has been charged. The extra time can permit his or her criminal defence lawyer to assemble a strong case for release and to arrange for sureties.

What is a surety? A surety is someone who consents to be responsible for, and supervise, someone charged with a crime. Sometimes a surety has to put up or promise to pay money to the Court if the charged person fails to obey conditions of release from custody.

Are all Release Plans the Same?
No. Often, the Court’s decision to grant bail or not will depend on how good the decision maker consders the plan of release to be. Important questions to be answered are: does the person have a place to stay, a job to go to, counseling and support as required and appropriate supervision by someone whom the accused person respects. Sometimes, assembling the plan can take time.

Considerations when the Court will consider whether to release someone on bail:
The 3 considerations for the Court at a bail hearing:

Is the detention necessary to ensure the person’s attendance in court?
Is the detention necessary for the protection or safety of the public?
Is there any other just cause requiring detention having regard to all the circumstances, including the apparent strength of the prosecution’s case, the gravity of the nature of the offence, the circumstances surrounding its commission and the potential for a lengthy term of imprisonment?
Who has the Burden at a Bail Hearing?
The Crown normally has the onus to “show cause” why the accused should be held. For some offences, or for people who have a record for failure to attend court, the onus or burden can be on the detained person to “show cause” why he or she should be released.

What if bail is denied?
Hire a criminal defence lawyer to handle your bail hearing before the Justice of the Peace to secure the best possible result, as quickly and as cheaply as possible.

Bail Review
Where release is denied, a “bail review” can be scheduled before a judge. The same three factors apply, but the judge is not bound by the views of the Justice of the Peace.

Note: If the Justice of the Peace releases the accused person, the Crown can also seek a bail review.

Sometimes it can take several weeks to get a date before a judge where your lawyer, the Crown, the witnesses and a judge are all available. The requirement to obtain (and pay for) the transcript of the initial bail hearing can also contribute to delay.

This can be frustrating and requires patience. You can be assured that Auger Hollingsworth would do everything in its power to move your hearing forward as quickly as possible. However, the possible delay is a strong reason to take your initial bail hearing seriously and hire a lawyer immediately.

WHY IS BAIL SO IMPORTANT?
Apart from the disruption and anxiety of separation from family and friends and loss of employment, there are strategic reasons to seek bail in many cases. For example:

It is more difficult and costly to meet with your lawyer and to assist in the preparation of your case from the detention centre. Your lawyer is limited as to when he or she can visit you. Telephone access is limited.
If you proceed to trial, you will be seated in the prisoner’s dock if you are in custody. This can have an impact, particularly on a jury.
If you are released on bail for months or more prior to trial, and stay out of trouble while out of custody, you will have a strong argument in any sentencing hearing that a jail sentence is not required and that you are rehabilitated.

If you or a loved one needs help getting out on bail, do not wait. Contact a criminal defence lawyer as soon as possible. Our Ottawa criminal defence lawyers will handle bail hearings and bail reviews in Ottawa, Smiths Falls, Perth, Cornwall, Hawksbury, L’Orignal, and many other locations. Call 613 233-4529 or email info@ottawalawfirm.ca today!

Being charged with fraud can be an overwhelming, life-altering experience for you and your family.

In most fraud cases, the potential consequences get more serious as the dollar values involved increases.

Evidence of the fraud can create a complicated paper or electronic trail that must be analyzed by legal experts, and often also by forensic auditors and accountants.

What is Fraud?

Simply put, fraud is a deliberate deception for unlawful gain. Often the term “white-collar crime” is used to describe fraud crimes committed by individuals, businesses and government professionals. Here are some examples:

Tax fraud
Credit Card fraud
Contractor fraud
Bank fraud
Mail fraud
Insurance fraud
Conspiracy to commit fraud
Mortagage fraud
Healthcare fraud
Business fraud
Charity fraud

Fraud charges may be more serious when the alleged fraud involves your employer or similar breaches of trust.

The criminal defence lawyers at Auger Hollingsworth are experienced challenging search warrants and otherwise defending serious fraud charges.

When you are facing fraud or money laundering charges, the sooner you get to an experienced lawyer, the greater the possibility you may have of a favorable outcome. Fraud charges are complex; starting early gives us a chance to examine the details.

For more information about defending your fraud charges, contact Richard Auger at richard@ottawalawfirm.ca or 613 233-4529.

Ottawa criminal lawyer Richard Auger is an experienced extradition lawyer who has assisted people facing extradition from various places in Canada.

What is Extradition?

Extradition is the surrender of one person into the jurisdiction of another country so that he or she can be tried for a crime allegedly committed in that country.

An Extradition Primer

If a foreign country seeks the extradition of someone in Canada, Canada will receive evidence from that foreign country (called the requesting state) to prove that the conduct of the person sought would have been a criminal offence if it had been committed in Canada. The requesting country would also have to prove that the offence would be punishable by two or more years of incarceration if it were committed in Canada (sometimes the potential incarceration must be 5 years). This is called the principal of “dual criminality”.

When this evidence is received by Canada, the Minister of Justice has the individual arrested. Depending on the circumstances, the person may be released on bail or held in custody while he or she waits for the extradition hearing. This is called a “provisional arrest warrant“.

After the arrest, there will be an extradition hearing before a Superior Court judge. An extradition hearing is not a criminal trial and the requesting state is not prequired to prove the person’s guilt beyond a reasonable doubt before the extradition will be granted. Instead, the judge will

satisfy himself or herself that the person before him is in fact the person identified by the requesting state; and
satisfy himself or herself that “dual criminality” exists.
The Charter of Rights and Freedoms do not apply fully to the person for whom extradition is being sought. Most significantly, the extensive disclosure rights (Stinchcombe rights) held by persons facing trial in Canada for criminal offences alleged to have been committed in Canada do not apply to an extradition hearing.

The extradition hearing has been characterized as an “expedited process”. The judge presiding over the hearing need only be satisfied that the evidence tendered by the requesting state is enough to establish on a prima facie basis that the extradition crime has been committed.

The judge at the extradition hearing must:

discharge the person, or
order his or her committal to the Minister of Justice.
Where the judge makes a committal order, the person committed can appeal.

It should be noted that the judge presiding over the hearing will look at each count or alleged offence individually. In one case, Richard Auger was able to block extradition on a very serious count of fraud.

Where an appeal of the committal order is unsuccessful or not pursued, the Minister of Justice will determine whether or not to make the “surrender order“. The decision of the Minister of Justice can be subject to judicial review (similar to an appeal).

If the Minister of Justice surrenders the person, and a judicial review is not pursued or is unsuccessful, the person is then surrendered to the requesting state.

If you or a loved one face extradition, you will need an experienced extradition lawyer to assist you. Contact Richard Auger at richard@ottawalawfirm.ca for an initial consulation in relation to your case.

Read about Richard Auger’s successful extradition cases below.

Read what a recent client says about defence lawyer Richard Auger.

“I highly recommend Richard. He handled my case with the utmost professionalism. His knowledge of the law is second to none and the way he handles himself in court is faultless. Richard managed to expose sufficient evidence to convince the judge into dismissing the case. I could not be happier with the outcome.”

George Avila, Ottawa, Ontario
July 2010

Remand court in Ontario  is where dates for various criminal court proceedings are set.  They take place in front of a Justice of the Peace, rather than a Judge. They are generally very short – your remand may last only a minute or two. You should be present at the hearing unless you have made arrangements with your lawyer to attend for you.  If you are required to attend remember to dress appropriately in business or business-like attire.

The people in remand court who have lawyers are served first. The lawyers stand up to remand their clients in alphabetical order by the name of the law firm.    When it’s your lawyer’s turn, go to the front of the courtroom and stand in the aisle. Your lawyer will speak on your behalf, if you have a lawyer.  When the date for your next appearance has been set, you may take your seat or exit the courtroom with your lawyer.  Always remember to follow any other directions given to you by your lawyer.

If you are attending on your own, your name will be called at the end in the order that it appears on the docket sheet.  If you do not have a lawyer, you step up to the front to let them know you are here.  If you are unrepresented, it is a good idea to speak to duty counsel in the court room who can explain the process and give you advice about your next steps.

First-time convicted impaired drivers who used to face a license suspension of 12 months, may soon be back on the road in three months.  However, to be eligible for the shortened suspension, they must first plead guilty.

They must also agree to install an ignition interlock or breath alcohol ignition interlock device in their vehicle for nine months. The breath-testing devices require the driver to provide a breath sample. The vehicle will not start if the driver’s blood alcohol concentration is over .02.

While Ottawa criminal defence lawyers support the reduction of the penalty for first time offenders and support the law’s focus on rehabilitation, we are concerned that providing a legislated incentive for a guilty plea will encourage innocent people to plead rather than face the risk of a trial.

The new regulation does not actually come into effect until early August, but first-time impaired drivers already in the criminal system are able to plead guilty and defer sentencing and the finding of guilt until after August 3.

After November 1 of this year, anyone facing charges of impaired driving will have to plead within 90 days of the charge in order to avail themselves of the new incentive.

According to a Crown memorandum, there will likely be large number of people who opt to employ the new provision because 80 per cent of individuals charged with drunk driving are first-time offenders

Have you been charged with impaired driving? Criminal defence lawyers at Auger Hollingsworth can give you the legal advice you need and effectively represent you. Do not plead guilty to impaired driving, or over 80, without getting legal advice first. Contact a criminal defence lawyer at Auger Hollingsworth at 613-233-4529 or at info@ottawalawfirm.ca Visit us online at: www.criminaldefenceottawa.ca

This criminal defence lawyer wonders if toughening Canada’s criminal laws will do anything other than improve the Conservative government’s image with the law and order constituency.

Six of 10 provinces that were surveyed by the Globe and Mail newspaper this week fear that the Conservative government’s proposed tough crime bills will cost them billions. The financial toll will be the result of the influx of prisoners they are anticipating, and they believe the federal government should help shield the cost.

Specific dollar figures for the cost of the bills have not been released by the government, however, the Parliamentary Budget Officer, Kevin Page, has said that current government estimates are too low.

Opposition critics have been able to use the fact that the bills will cost billions – with no guarantee that they will have a positive net effect — to justify opposing the bills.

The fact that crime rates are falling is another strong reason to query wisdom of the government’s intention.

Public Safety Minister Vic Toews has not yet confirmed that the government will be assisting provinces in paying for more prisons.  According to the government, provincial costs may be trimmed because of a decrease in people in provincial remand centres and more people in federal prisons.   This argument is unlikely to prove true as there are 10 individuals sentenced to provincial penitentiaries for every person who is sentenced to a federal prison.  Longer sentences lead to federal time.