Winnipeg Criminal Defence Lawyer

Domestic assault involves an act of assault within a familial or intimate relationship setting. This type of assault includes physical, emotional, or psychological harm inflicted by a family member, partner, or close acquaintance. It spans offenses like simple to aggravated assault, sexual abuse, and in more severe cases, serious bodily harm or even death.

Sexual assault refers to any non-consensual sexual activity forced upon another person. This charge isn’t limited to physical contact; it also includes instances where there is a threat of sexual assault. The severity of these cases can vary, ranging from unwanted touching to violent attacks.

It is a criminal offence to operate a motor vehicle with a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood, even if you are not showing any signs of impairment. The Criminal Code allows the Crown Prosecutor to enter a Certificate of Analysis as proof of the blood alcohol content, and contains several presumptions that allow the Crown to prove its case more expeditiously.

In Manitoba, Driving Over 80 offences can be prosecuted under either the Criminal Code of Canada or the Manitoba Highway Traffic Act.  The discretion as to how to prosecute the offence lies initially with the police, and then later on with the Crown. The consequences, while significant in either instance, are less severe under the Highway Traffic Act compared to facing criminal charges under the criminal justice system.

To be convicted of Impaired Driving, the Crown Prosecutor must prove that the Accused’s ability to operate a motor vehicle, at the time of driving, was impaired by alcohol, drugs, or a combination of the two. The degree of impairment does not have to be significant, even evidence of slight impairment will suffice. Proof of alcohol consumption alone, however, is not sufficient for a conviction.

A Peace Officer is entitled to ask you to provide a breath sample into an Approved Screening Device without any suspicion that you have consumed any alcohol. In this scenario, where a routine safety check is being completed, a driver is not entitled to contact counsel prior to providing the sample. Refusing to provide a breath sample, or failing to provide an adequate sample without reasonable excuse is a criminal offence that carries the same disruptive penalties as a conviction for Impaired Driving.

Dangerous Driving refers to the operation of a motor vehicle in a manner that constitutes a marked departure from the standard of care that a reasonable person would observe in the driver’s situation. This can include, but is not limited to actions such as excessive speeding, aggressive driving behaviour, ignoring traffic signals, or texting while driving. A conviction for this offence, especially in situations where someone has been injured, can result in significant consequences.

The offence of Failing to Stop occurs when a driver is being pursued by a law enforcement officer who is also operating a motor vehicle. If the driver does not stop their vehicle, without a reasonable excuse, and in order to evade the police, they have committed an offence.  Failure to Stop is considered a serious offence that can potentially result in imprisonment.

The most common types of drug offences include possession for the purpose of trafficking,  drug trafficking, drug production, and importing drugs. Depending on the nature of the drug, possession of even a small quantity of drugs for the purpose of trafficking can result in lengthy sentences of incarceration.

Break and Enter involves unlawfully entering a premise, typically a dwelling or place of business, with an intent to commit an indictable offence therein. It applies regardless of whether force is used to gain entry in the context of the criminal justice system. The offense covers any instance where the individual breaches a location without permission or lawful justification, generally with the purpose of theft, vandalism, or other illicit activities occurring within that property.

Robbery is the act of stealing something from someone using violence or the threat of violence. The severity of the punishment for robbery depends on the circumstances of the offence, and are particularly severe if a weapon (particularly a firearm is used in the commission of the offence) or if the offence is committed for the benefit of, at the direction of, or in association with a criminal organization.

Theft encompasses criminal offences involving the unauthorized taking or appropriation of another person’s property with the intention to deprive them of it. The charges vary based on several factors, including the value of the stolen property and the method by which the theft was carried out. Theft can range from minor instances such as shoplifting to more significant situations involving large sums of money, such as embezzlement from employers or other breaches of trust.

The Criminal Code prohibits the theft, forgery, possession, use, or trafficking of credit cards or forged/falsified credit cards. The person committing such acts must know that the credit card was obtained, made, or altered either by committing an offence in Canada or by an act or omission that would constitute an offence if it occurred in Canada. The penalties for such offences are often severe.

Fraud involves the use of dishonest or deceitful conduct to obtain some unjust advantage. It typically includes acts such as misrepresentation of facts, concealment of truth, or abuse of a position of trust. The offenses can vary greatly in their nature and complexity, ranging from simple scams to sophisticated schemes involving complex financial transactions. Fraud charges are applicable in situations where an individual or entity intentionally deceives another to cause a loss of property, money, or service, or to gain a personal or financial advantage.

Possession of Goods Obtained by Crime involves the unauthorized possession of goods or assets known, or believed, to have been obtained unlawfully. The charges apply regardless of whether the individual in possession was involved in the original theft or not. It encompasses situations where an individual knowingly holds, uses, or disposes of property that is stolen, embezzled, defrauded, or otherwise illicitly acquired.

Identity Theft involves criminal offenses wherein an individual’s personal or financial information is unlawfully acquired and used without their consent, typically for fraudulent purposes. This could entail the use of names, social security numbers, bank account details, credit card information, or other identifying data to commit various forms of fraud or deception. The charges apply when such personal data is deliberately stolen and misused for activities like accessing financial resources, obtaining goods or services, evading law enforcement, or manipulating identities for illicit gains.

Murder and manslaughter are severe criminal offenses involving the unlawful killing of another person. First Degree Murder charges apply when the act is intentional and premeditated, where Second Degree Murder Murder charges apply when  a person intentionally cause the death of someone or intentionally inflicts bodily harm that they know is likely to cause death and is reckless as to whether death ensues. Manslaughter, on the other hand, involves unlawful killing without intent to kill, and often arises from reckless conduct or a criminal act that results in death, even if the death was not intended.

If a person is convicted of an offence and disagrees with the conviction or sentence, they can appeal either or both.  In an appeal, the onus is on the Appellant to prove that an error occurred in their trial and/or sentencing hearing which materially impacted the outcome.  A successful conviction appeal normally results in a new trial being ordered, where a successful sentence appeal results in the appeal court imposing the appropriate sentence.

During a Bail Hearing a judge or justice of the peace determines whether an accused person should be released from custody pending their trial. The Judge considers the nature and severity of the alleged offense(s), the evidence against the accused, the accused’s criminal history, their likelihood to attend future court dates, and the impact of their release or detention on the administration of justice. When accused persons are granted bail, they are often required to abide by conditions to ensure the safety of the community and prevent any further offending behaviour.