Xinting Legal

Talk about Law and Legal

How Eligibility for a Criminal Pardon in Canada is Changing

admin, · Categories: Criminal Law · Tags: ,

The law in Canada is currently and drastically changing. Although
only ten percent of the four million Canadians who held a criminal
record last year applied for a criminal pardon, the Harper government
has still been working to make that number smaller. In this post-9/11
climate of hyper-security and harsher political stances on every issue,
the public and interest groups have been calling for a reform of the
criminal law, specifically in regards to punishing criminals. In the
past few years, the government has slowly been obliging, with Bill C-23
being the first major change. Bill C-23 was split into two parts, part A
being passed last June and part B currently under deliberation in
parliament. It changes the Canadian criminal pardons part of the law
into the Canadian record suspension law. Although Bill C-23A has already
passed, let’s look at what is necessary to be eligible for the current
pardon system in Canada before Bill C-23B is fully passed.

The Canadian criminal pardon system as it stands now is
largely non-judgmental when it comes to distinguishing between offences
to be pardoned. No one is ineligible based solely on the nature of their
past offence (with some noticeable restrictions being applied to
pardons in the case of sexual offenders); if a person has been convicted
of an offence under the federal law, they are eligible to apply for a
pardon. There is, of course, a waiting period before they can apply, and
this period differs in length depending on how serious their crime was.
The waiting period section of the law was the part affected by Bill
C-23A. The most serious offences are indictable (such as manslaughter
and assault) and are tried by a full court, judge and jury. The ones
eligible for a pardon (very serious crimes such as murder are not
eligible) used to have a waiting period of five years; this has now been
changed to ten years. The minor offences are summary (such as causing a
disturbance in a public place and mischief charges) and are tried only
by a judge. They used to have a waiting period of three years and now
have been split into two groups, with the less serious summary offences
still waiting three years and the more serious ones waiting five. The
third and last type of offence one can be charged with is a hybrid
offence (such as certain sexual assaults and driving impaired) which can
be charged as either the more serious indictable offence or the minor
summary offence, depending on how serious a crime the Crown decides it
is. The waiting period after the sentence of a hybrid offence depends
entirely on what level of severity the Crown tried it as.

Canadian criminal pardon applications are accepted, as long as the
paperwork is filled out correctly. There was a 98.3 percent success rate
for Canadian pardons in the 2009-2010 year – 24,134 pardons granted and
425 denied. This is because as the system stands, the basic parameters
for being eligible are the wait times and the “good conduct” rule – the
person must have had good conduct for the past number of years since his
conviction and must be able to prove that the pardon will further their
rehabilitation. As far as rehabilitation goes, the fact that pardons
allow the people to apply for jobs and volunteer positions without fear
of stigma or rejection should speak for itself. Sex offenders are the
inevitable exception to this success rate rule however, as the
government looks to make most of them ineligible for any kind of pardon
or record suspension with C-23B – never mind that they are already
red-flagged when applying to work at jobs or volunteer positions
involving vulnerable people such as children or the elderly.

How to Face Shoplifting Charges in Vancouver

admin, · Categories: Criminal Law · Tags: , , ,

Shoplifting is seen as a serious offence in most parts of the world.
In Canada, shoplifting is a criminal offence and calls for legal action
against the guilty. It is seen common in young culprits as well as
professional thieves.

Criminal Defence lawyers in Canada offer legal
services to individuals charged of shoplifting case. They offer
representation to individuals who are accused of shoplifting and theft.
They offer legal assistance and advice to the accused to prove their
innocence in the court of law.

A defence attorney is useful for
individuals facing shoplifting charges. Since, shoplifting is a criminal
offence, strict legal action is taken the accused and the guilty can
also be sent to jail. A criminal defence lawyer helps innocent
individuals in proving their innocence in case they are being framed or
wrongly accused. In most cases, these lawyers fight for reducing the
punishment of the accused to a bare minimum level.

case, one is facing shoplifting charges, he should immediately consider
hiring the services of an experienced criminal defence lawyer. The
lawyer will offer initial counseling, legal assistance in representation
of the individual in the court of law. Since it is a serious offence,
no stone should be left unturned in initiating a legal defence procedure
against shoplifting charges.

John Buchanan is an experienced
criminal defence lawyer based in Vancouver BC. He offers legal
representation to individuals accused of shoplifting and theft as a part
of his legal services in the criminal law domain. He has over 25 years
of experience in criminal law and has been serving clients in and around
the Vancouver region in BC. Apart from shoplifting, Buchanan offers
legal services in various other criminal offences as well. These include
Impaired Driving, DUI, drug abuse and possession of Marijuana and other
drugs, domestic or spousal assault, Theft, Fraud and others.

Need of Criminal Lawyer For Spousal Assault

admin, · Categories: Criminal Law · Tags: ,

Defence is important even for criminal cases. They are needed in spousal assault cases for fighting for the accused.

Assault is a serious criminal offence. It is generally treated as a
criminal offence in Canadian law. It calls for serious implications and
affects both the parties. Defence Attorney is crucial in fighting such a
case and helps in winning justice for the accused.

assault charges have serious implications both on the accused as well as
the victim. In some cases in Canada, the accused is charged of spousal
or domestic assault by the neighbors or associates. In such cases where
more than one party puts up a stand against home-based violence, then
the case can take a difficult turn.

Defence Attorney plays a
significant role in fighting such cases. He offers legal services to the
accused for proving his innocence or reducing the punishment for the
accused. He offers representation of individuals charged with domestic
assault in the court of law and offers them with adequate legal

main role of a criminal defence lawyer in such cases is with the
services in counseling. A quality criminal lawyer will stress on the
need of good counseling for both the parties since the accusations can
affect the finances and social life of the individuals involved in the
case. The parties involved in such a case are asked to live separately
during the period of the case trial in court. They are not allowed to
interact which results in financial burden of living separately and also
hamper the parties emotionally. A lot of people become distraught in
such cases as they are generally harsh on them.

Criminal defence
lawyers not only fight for the accused but also make every possible move
to make the choice of counseling. Counseling is important for a couple
to consider and not only battle out from a legal case but also helps in
saving their relation or ending it amicably. Criminal lawyers play a
good hand at helping individuals in this regard.