Canadian Law Archives -

Child Pornography Investigations, Prosecutions and Defences in Canada

By: David G. Bayliss - August 17, 2019. INVESTIGATIONS, PROSECUTIONS AND DEFENCES[1] Introduction The incidence of child pornography (CP) has escalated dramatically with the advent of the internet. As one Ontario Superior Court Judge recently observed: 26 In a pre-internet world, the ability of people inclined towards pedophilia to find like-minded individuals, share experiences, cultivate their fantasies and seek access to victims was naturally constrained by the isolation imposed by their relatively small numbers and [...]

David G Bayliss2020-12-07T13:48:27+00:00August 27th, 2019|Canadian Law, Child Pornography, Crime, Sexual Assault|Comments Off

Convicting Jian Ghomeshi will be hard — for good reason

By: Breese Davies Published on Tue Feb 02 2016 | © Toronto Star. Calls to make it 'easier' to secure convictions in cases of sexual assault are dangerously antithetical to basic tenets of our justice system With Jian Ghomeshi about to face a packed courtroom and a daily gauntlet of jostling reporters, the stage is set for a media spectacle. Columnists will take sides. Legal pundits will pontificate. Many will be caught up in [...]

David G Bayliss2019-09-05T18:37:20+00:00February 9th, 2016|Canadian Law, Crime, Sexual Assault|Comments Off

Drinking and Driving Offenses and Punishment in Canada

By: David G. Bayliss and Luka Rados, David G. Bayliss Professional Corporation, April 5, 2015. This article discusses Canadian Drinking and Driving legislation and its interpretation by the courts since the Canadian Charter of Rights and Freedoms was proclaimed in 1982. It is intended as overview for the layperson and not as an authoritative academic discussion of the subject. Anyone seeking a more comprehensive understanding of drinking and driving law in Canada may access, free [...]

David G Bayliss2019-09-10T14:44:22+00:00April 10th, 2015|Canadian Law, Charter of Rights & Freedoms, Criminal Code Canada, Criminal Law, Drinking and Driving, Drunk Driving, DUI, Impaired Driving|Comments Off

Criminal Harassment in Canada

By: David G. Bayliss , September 2012. This article is an overview, in layman’s terms, of the requirements for proof of an allegation of criminal harassment in Canada. For a more comprehensive understanding of how this relatively new criminal legislation has been interpreted by Canadian Courts, reference should be made to legal information websites which recite actual court decisions and legal academic literature on what is a somewhat complex area of law. For example www.canlii.ca [...]

David G Bayliss2019-09-06T13:29:19+00:00November 8th, 2013|Canadian Law, Criminal Code Canada, Criminal Harassment, Criminal Law, Harassment|Comments Off

The Consequences of An Allegation of Sexual Assault

By: David G. Bayliss , December 17, 2010. This article is written as a basic informational tool for the layperson with limited or no legal training. It deals with the consequences and potential consequences for persons eighteen years or older against whom a crime of sexual assault is alleged. Different rules apply for defendants under the age of eighteen. Any opinions expressed here are those of the author, a lawyer called to the bar of [...]

David G Bayliss2019-09-05T18:31:01+00:00November 8th, 2013|Canadian Law, Criminal Code Canada, Criminal Law, Sexual Assault|Comments Off

Murder, Manslaughter or Infanticide – Culpable Homicide Under Canadian Law

By: David G. Bayliss - December 16, 2010. This article is a simplified description, in layperson's terms, of the law of homicide in Canada. For the actual applicable law, please consult the Criminal Code of Canada. In Canada, criminally blameworthy homicide is either murder, manslaughter or infanticide. Homicide that does not fit into one of these categories is not a crime. Infanticide occurs when a female person causes the death of her newly born child [...]

David G Bayliss2021-07-29T19:24:59+00:00November 8th, 2013|Canadian Law, Crime, Criminal Code Canada, Criminal Law, Culpable Homicide, First Degree Murder, Homicide, Infanticide, Manslaughter, Murder, Second Degree Murder|Comments Off