Resources

Introduction

Sexual assault in Canada is governed primarily under s.271 of the Criminal Code, with more serious variations under s.272 and s.273. Sexual assault covers a wide range of unwanted sexual activity, including acts involving violence, threats, or weapons. The law is designed to protect all individuals from non-consensual sexual contact. Sexual assault is categorized into three levels: general sexual assault (s.271), sexual assault with a weapon, threats, or causing bodily harm (s.272), and aggravated sexual assault (s.273). While s.271 is a hybrid offence and may be prosecuted summarily or by indictment, s.272 and s.273 are always prosecuted by indictment due to their severity.

Examples

• Unwanted sexual touching, grabbing, or fondling
• Coerced sexual contact or forced sexual acts
• Unwanted kissing
• Sexual contact with minors
• Incest
• Forcible sodomy or rape
• Sexual activity during medical treatment without consent

Defences

Defences to sexual assault depend on the facts of the case and the evidence available. Common defences include:

• Honest but mistaken belief in consent
• Mistaken identity of the accused
• No sexual contact occurred
• The complainant consented to the sexual activity
• Violations of Charter rights

Penalties

Penalties depend on the level of the offence, the Crown’s choice of proceeding (summary or indictment), and the age of the victim.

• s.271 (Summary): Up to 18 months in jail; if the complainant is under 16, a minimum of six months and a maximum of two years less a day, plus a fine of up to $5,000
• s.271 (Indictment): Up to 10 years in jail; if the complainant is under 16, a minimum of one year and a maximum of 14 years
• s.272: Minimum of 4–5 years and a maximum of 14 years; if the victim is under 16 or a firearm is used, the maximum is life imprisonment
• s.273: Maximum sentence ranges from 14 years to life imprisonment, depending on the circumstances

All sexual assault convictions require registration under the National Sex Offender Registry (SOIRA).

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Sexual assault charges are complex and carry severe consequences. At Knight Patrick LLP, our lawyers provide strategic, fact-specific defence. We review evidence, challenge procedural and Charter violations, and guide clients through police interviews, bail hearings, plea negotiations, and trials. Early legal representation is critical to protect your rights, freedom, and future, and to ensure the strongest possible defence.

Introduction

Assault and violent offences are governed under s.265–268 of the Criminal Code. These offences involve the application of force or threats without consent, ranging from minor physical contact to serious acts causing bodily harm. Assault charges are classified according to severity:

• Simple assault (s.265): Applying force or threatening force without consent
• Assault causing bodily harm (s.267): Assault resulting in injury
• Aggravated assault (s.268): Assault causing life-threatening injuries or involving a weapon

Assault can be prosecuted summarily or by indictment, depending on factors like the use of a weapon, extent of injuries, and the accused’s prior record.

Examples

• Slapping, punching, or pushing another person
• Threatening someone with physical harm
• Use of a weapon in an altercation
• Assaults occurring in domestic situations
• Robbery or home invasion involving physical force
• Forcible confinement or kidnapping

Defences

Common defences include:

• Self-defence: Protecting oneself or another from harm
• Mistaken identity: The accused was wrongly identified
• Charter rights violations

Penalties

• Simple Assault: Summary offence punishable by up to 6 months’ imprisonment or fines; indictable offence punishable by up to 5 years’ imprisonment
• Assault Causing Bodily Harm: Indictable offence punishable by up to 10 years’ imprisonment
• Aggravated Assault: Indictable offence punishable by up to 14 years’ imprisonment

Factors affecting penalties include the use of weapons, severity of injuries, prior criminal record, and aggravating circumstances.

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Assault and violent offence charges can have serious long-term consequences. Knight Patrick LLP’s lawyers carefully analyze police reports, witness statements, and medical evidence to challenge the Crown’s case. We identify procedural errors and Charter violations, guide clients through bail hearings and trials, and strategically defend your rights, reputation, and future. Early representation can make a significant difference in outcomes and penalties.

Introduction

Impaired driving offences fall under s.253–255 of the Criminal Code and include operating a vehicle under the influence of alcohol or drugs, refusing to provide a breath or blood sample, and immediate roadside sanctions (IRDs). Other driving-related offences include careless driving, dangerous driving, and driving while prohibited. Charges can range from minor infractions to serious criminal offences depending on the circumstances and consequences.

Examples

• Driving with a blood alcohol concentration over the legal limit
• Operating a vehicle under the influence of drugs
• Refusing a breathalyzer or blood test
• Dangerous driving causing bodily harm or death
• Driving while a license is suspended or prohibited
• Failing to stop at the scene of an accident

Defences

Defences may include:

• Errors in breathalyzer or field sobriety tests
• Procedural or Charter violations
• Medical conditions affecting test results
• Mistaken identity

Penalties

• First Offence: Fines, licence suspension, and possible imprisonment
• Repeat Offence: Increased fines, mandatory jail time, and longer licence suspensions
• Dangerous Driving: Up to 10 years’ imprisonment if bodily harm or death occurs

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Our lawyers scrutinize police testing procedures and evidence, and examine the circumstances surrounding the driving conduct. We represent clients at court and administrative hearings, challenge IRDs, and work to minimize fines, licence suspensions, or custodial sentences. Early legal representation protects driving privileges and ensures your rights are defended.

Introduction

Drug offences in Canada are governed under the Controlled Drugs and Substances Act (CDSA). These offences range from simple possession of controlled substances to trafficking, importing, exporting, or producing illegal drugs. Penalties vary depending on the type and quantity of the substance, the accused’s role in the offence, and any prior convictions. Drug offences can have significant legal consequences, including imprisonment, fines, and a criminal record.

Examples

• Possessing illegal substances for personal use
• Trafficking or selling drugs
• Producing or operating a clandestine drug lab
• Importing or exporting controlled substances
• Supplying drugs to minors

Defences

Common defences include:

• Illegal search and seizure
• Mistaken identity
• Charter violations
• Entrapment

Penalties

• Possession: Summary or indictable offences, fines, probation, or imprisonment
• Trafficking: Indictable offence, up to 5–10 years, or life imprisonment for large-scale trafficking
• Production/Import/Export: Indictable offence, 7 years to life depending on circumstances
• Aggravating factors: Involvement with minors or organized crime increases penalties significantly

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Drug charges carry serious criminal consequences. Our lawyers review evidence, including police reports, surveillance, and laboratory results, to identify errors or violations of rights. We provide strategic advice, challenge the Crown’s evidence, and represent clients in negotiations or trial. Early legal representation can help reduce charges, avoid unnecessary imprisonment, and protect your future opportunities.

Introduction

Domestic violence is any form of physical, sexual, emotional, or psychological abuse within a domestic relationship. These offences often overlap with assault, uttering threats, harassment, or other Criminal Code provisions. The law is designed to protect victims while ensuring accused persons have a fair defence. Domestic violence charges are treated seriously and may affect custody, employment, and future legal matters.

Examples

• Physical assault against a partner or family member
• Threatening behaviour or intimidation
• Harassment, stalking, or repeated unwanted contact
• Interference with child custody or parental rights
• Property damage or coercion within a household

Defences

Common defences include:

• Self-defence or defence of another person
• False or malicious allegations
• Misunderstanding or lack of intent
• Procedural or Charter violations by law enforcement

Penalties

• Range from fines, probation, mandatory counselling, and restraining orders to imprisonment
• Aggravating factors such as use of weapons, repeated offences, or bodily harm increase severity
• Court-ordered conditions may include no-contact orders and mandatory rehabilitation programs

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Domestic violence allegations can have severe and long-lasting consequences. Our lawyers provide strategic defence by reviewing evidence, identifying inconsistencies, and ensuring Charter rights are protected. We advocate for clients through bail hearings, trial preparation, and sentencing, aiming to protect your reputation, freedom, and family relationships. Early legal counsel can prevent wrongful convictions and minimize legal consequences.

Introduction

Fraud and white-collar crimes are primarily governed under s.380 of the Criminal Code. These offences involve intentional deception to obtain financial gain, property, or advantages. The complexity of these offences often requires detailed analysis of financial documents, transactions, and communications. White-collar crimes can have serious consequences, including imprisonment, restitution, fines, and damage to professional reputation.

Examples

• Credit card fraud, identity theft, or online scams
• Embezzlement, theft by deception, or misappropriation of funds
• Tax evasion or fraudulent accounting practices
• Misrepresentation in contracts or business transactions
• Corporate fraud or regulatory violations

Defences

Common defences include:

• Lack of intent
• Mistake of fact or honest misunderstanding
• Insufficient or unreliable evidence
• Procedural or Charter violations

Penalties

• Indictable offences: Up to 14 years’ imprisonment, depending on the amount and circumstances
• Summary offences: Fines, probation, or shorter custodial sentences
• Restitution: May be required to compensate victims for losses

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Our lawyers specialize in complex financial investigations and provide strategic defence for white-collar crime allegations. We analyze records, challenge evidence, identify procedural errors, and negotiate with prosecutors when appropriate. We advocate for clients in court to protect freedom, financial standing, and professional reputation. Early legal intervention can prevent severe penalties and safeguard future opportunities.

Introduction

Firearm offences in Canada are governed primarily under the Criminal Code (s.91–117). These laws regulate the possession, use, and trafficking of firearms and ammunition. Offences can range from simple possession without a license to using a firearm to commit a violent crime. Firearm offences are treated very seriously due to the potential risk to public safety.

Examples

• Possession of a firearm without a license
• Unauthorized storage, transport, or use of firearms
• Discharging a firearm recklessly or with intent to harm
• Trafficking, selling, or importing firearms illegally
• Using a firearm in the commission of another crime

Defences

• Lawful possession and registration of the firearm
• Mistaken identity or ownership
• Procedural or Charter violations
• Lack of intent

Penalties

• Penalties vary depending on the type of offence, the firearm involved, and prior convictions.
• Possession without a license: summary or indictable offence, up to 5 years imprisonment.
• Using a firearm in a crime: indictable offence, up to 10 years or more imprisonment.
• Trafficking: indictable offence, 5 years to life imprisonment.

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Firearm offences carry severe criminal penalties and long-term consequences. Our lawyers review firearm registration, ownership, and usage to identify potential defences, challenge evidence, and ensure your Charter rights are protected. We represent clients through bail hearings, trial, and sentencing, aiming to minimize penalties and protect personal and professional future.

Introduction

If you or your child is facing criminal charges as a youth, our criminal defence lawyers in Calgary provide guidance and advocacy tailored to the Youth Criminal Justice Act (YCJA). We review each case to determine the best course of action, including exploring alternatives to formal charges such as warnings, community programs, or extrajudicial sanctions. Our team works closely with parents or guardians to ensure that a young person understands their rights, including the right to remain silent and to have an adult present during questioning. We gather and present evidence of the youth’s rehabilitation, school performance, and family support to strengthen their defence. Throughout the process, we guide families through bail conditions, court procedures, and potential sentencing options, advocating for outcomes that protect the youth’s future while minimizing the long-term impact of criminal charges.

Examples

• Theft or shoplifting
• Assault or vandalism
• Possession of illegal substances
• Cyberbullying or harassment
• Firearm-related offences

Defences

A youth charged with a criminal offence may rely on defences that consider their age, development, and the unique youth justice system:

• Age and development: Courts recognize that teens’ brains are still developing, which can affect their ability to form criminal intent.
• Procedural protections: The YCJA provides additional rights beyond the Charter. If these rights are not followed, charges may be dropped or evidence excluded.
• Fair and proportionate accountability: Section 3(1)(b)(ii) of the YCJA requires that formal charges be proportionate to the offence, emphasizing rehabilitation over punishment.

Penalties

The Youth Criminal Justice Act (YCJA) ensures that young offenders are treated differently from adults. Unlike adults, youth are not subject to minimum sentences except in the most serious cases, such as murder. Custody sentences are usually less than two years and may include a combination of time in a youth facility and supervised community time. Courts strive to keep youth out of formal court proceedings where possible, using warnings, police cautions, or community programs.

Adult criminal records can last indefinitely, but youth records are typically sealed or destroyed 3–5 years after the sentence, allowing young people to move forward without long-term consequences.

Examples of penalties may include:

• Extrajudicial sanctions
• Community service
• Probation
• Restitution
• Rehabilitation programs
• Custodial sentences

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Youth charges can impact education, employment, and personal development. Knight Patrick LLP guides youth and their families through the legal process, ensures rights are protected, and advocates for alternative sentencing focused on rehabilitation. Early legal counsel can prevent unnecessary incarceration and help maintain a positive future.

Introduction

Administrative and regulatory offences cover violations of federal, provincial, or municipal laws and regulations. These offences are often less severe but can carry fines, license suspensions, or other penalties. They may intersect with criminal matters, depending on the circumstances.

Examples

• Environmental regulation violations
• Workplace safety infractions
• Municipal bylaw violations
• Licensing or regulatory breaches in professional industries

Defences

• Challenging procedural errors
• Proving compliance or due diligence
• Mistaken identity
• Charter violations

Penalties

• Typically fines, suspensions, or corrective measures
• Serious or repeated violations may escalate to criminal charges

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Our lawyers assist with understanding complex regulatory frameworks, challenging unjust charges, and representing clients in tribunals or court. We work to minimize fines and protect professional licenses or business operations. Early legal support helps prevent minor infractions from escalating into serious consequences.

A record suspension (formerly called a pardon) is a legal mechanism that allows individuals to keep their past criminal record separate from active public records. This ensures that employers, schools, landlords, and other organizations conducting background checks generally cannot see prior criminal convictions. In Canada, record suspensions are governed by the Criminal Records Act and are administered by the Parole Board of Canada.

Record suspensions provide individuals with a second chance by helping them reintegrate into society, find employment, volunteer, and travel without the burden of a criminal record affecting their opportunities. Importantly, not everyone is eligible. Applicants must have completed their sentence, which includes time served, probation, fines, and any other conditions imposed by the court. They must also maintain a record free from new charges for a set period, typically 5 years for summary offences and 10 years for indictable offences.

Certain offences, including sexual offences involving children and other serious crimes, have more restrictive rules and longer waiting periods. The Parole Board carefully evaluates each application, taking into account the nature of the offence, the applicant’s conduct since the conviction, and evidence of rehabilitation.

Record Suspension Application Review Process

When you apply for a record suspension in Canada, the Parole Board of Canada follows a structured review process:

1. Initial Application Review: Officials check that all forms are filled out correctly and assess fingerprints against the RCMP database to confirm identity.
2. Criminal Record Verification: Police and courts review the applicant’s criminal history and verify the absence of pending charges.
3. Investigation of Rehabilitation: The Board evaluates your conduct since your conviction, including character references, evidence of community involvement, and adherence to the law.
4. Decision Stage: If all requirements are satisfied and no issues are identified, the application moves forward to approval. If problems arise, the application may be denied, or you may face additional charges if false information is provided.

How a Record Suspension Lawyer Can Help

Applying for a record suspension is a detailed and highly procedural process. A criminal defence lawyer in Calgary can review your case to determine eligibility and identify potential obstacles before you submit your application, helping to prevent delays or rejection. They can obtain all necessary supporting documents, including police records, court documents, and letters of reference, and prepare evidence demonstrating your rehabilitation to strengthen your application. A lawyer will also guide you through every step of the process, ensuring that all forms are completed correctly and deadlines are met, significantly increasing the likelihood of a successful outcome.

Why Hire a Lawyer

Having a lawyer significantly increases your chances of successfully obtaining a record suspension. Their expertise helps avoid common pitfalls, ensures your application complies with legal requirements, and provides the best possible evidence of rehabilitation. For individuals seeking a fresh start, the lawyers at Knight Patrick LLP advocate for your rights and future, ensuring that your record suspension application reflects your rehabilitation and good conduct.

The Sex Offender Information Registration Act (SOIRA) is a federal statute that governs the registration of individuals convicted of certain sexual offences and the administration of Canada’s National Sex Offenders Registry. SOIRA was initially enacted to help monitor and prevent sexual abuse and abduction, particularly of children, by requiring offenders to provide detailed personal information to the RCMP and local police services.

Following amendments in 2011 under the PROTECTING VICTIMS FROM SEX OFFENDERS ACT, SOIRA registration became mandatory for individuals convicted of any of the 27 designated sexual offences listed in s. 490.011(1)(a) of the Criminal Code. Lifetime registration applies for offenders convicted of more than one designated offence under s. 490.013(2.1).

Examples of Designated Offences

SOIRA applies to a broad range of offences, including but not limited to:

• Sexual assault (s.271–273 of the Criminal Code)
• Sexual interference or exploitation (ss.151–153.1)
• Incest (s.155)
• Child pornography (s.163.1)
• Luring or procuring children (ss.172.1–172.2)
• Trafficking in persons under 18 (ss.279–279.03)
• Voyeurism (s.162) and indecent acts (s.173)

Registration Obligations and Restrictions

Individuals subject to a SOIRA order must comply with strict reporting requirements, including:

• Reporting in person to a designated registration centre within seven days of the SOIRA order
• Providing personal information such as full name, date of birth, gender, residential and employment addresses, vehicle information, phone numbers, and physical descriptions
• Updating personal information annually and within seven days of any change in residence, name, or other relevant circumstances
• Notifying authorities when leaving Canada or being away from their primary or secondary residence for seven or more days

Failure to comply with SOIRA can result in prosecution, fines up to $10,000, and/or imprisonment up to two years (s.490.03–490.031).

Duration of SOIRA Orders

• 10 years for offences prosecuted summarily or with a maximum term of 2–5 years
• 20 years for offences with a maximum term of 10–14 years
• Lifetime for offences with a maximum term of life or for offenders convicted of multiple designated offences (s.490.013(2)–(2.1))

However, in the 2022 Supreme Court case R v Ndhlovu, sections 490.012 and 490.013(2.1) were declared unconstitutional, allowing certain offenders to seek a termination order or adjustment of registration length if continuing the registration is grossly disproportionate to public safety interests.

How SOIRA Can Be Ended or Reduced

Under s.490.016 of the Criminal Code, individuals may apply for a termination order if a judge is satisfied that continued registration is grossly disproportionate to the public interest in preventing or investigating sexual offences. Factors considered include:

• Nature and circumstances of the offence
• The offender’s criminal record
• Time elapsed since the offence
• Evidence of rehabilitation

How Knight Patrick LLP Can Help & Why Hire a Lawyer

SOIRA imposes serious restrictions on freedom of movement, privacy, and daily life. Knight Patrick LLP assists clients in navigating the complex legal framework of SOIRA, preparing persuasive applications for termination orders, and advocating for removal from the national registry. With the Supreme Court’s ruling in Ndhlovu, many individuals may now seek relief from lifetime registration. Our lawyers will carefully evaluate your eligibility, gather supporting evidence, and represent you before the courts to reduce or eliminate SOIRA obligations, safeguarding your liberty and future opportunities.

Introduction

Serious traffic offences include dangerous driving, stunt driving, and repeated driving violations. These offences can lead to criminal charges, licence suspensions, and significant fines.

Examples

• Dangerous driving causing bodily harm or death
• Excessive speeding or stunt driving
• Driving while prohibited or suspended

Defences

• Challenging police evidence or observations
• Procedural or Charter violations
• Mechanical issues or mitigating circumstances

Penalties

• Jail, fines, license suspensions, probation, or mandatory education programs

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Our lawyers review police reports, evidence, and procedural adherence to challenge charges, reduce penalties, and protect driving privileges. Early representation can prevent escalated sanctions and criminal records.

Introduction

Appeals and post-conviction matters involve challenging convictions or sentences to ensure fairness and justice. The appellate process can correct legal errors and address unfair trial outcomes.

Examples

• Appeal against conviction
• Appeal against sentence severity
• Applications for parole, clemency, or sentence reduction

How Knight Patrick LLP Can Help & Why Hire a Lawyer

Our team has experience preparing appeals and post-conviction applications, analyzing trial records, and presenting compelling legal arguments. We advocate for clients to correct errors, reduce penalties, and protect rights. Early legal involvement is crucial to maximize chances of a successful outcome.

Introduction

An Immediate Roadside Sanction (IRS) is a penalty issued under Alberta’s Traffic Safety Act (TSA) to drivers who fail a roadside alcohol or drug test. IRS penalties are designed to quickly penalize impaired driving without the need for a criminal trial. While the system is intended to keep roads safe, procedural missteps by police can result in an IRS being unfairly issued.

Alberta IRS penalties include:

• IRS: 24-Hour (s.88 TSA)
• IRS Zero: Novice (s.88.01 TSA)
• IRS Zero: Commercial (s.88.02 TSA)
• IRS: WARN (s.88.03 TSA)
• IRS: FAIL (s.88.1 TSA)

Police enforcement of IRS legislation must follow strict procedures. Errors by officers, whether technical, procedural, or constitutional, can provide grounds for cancellation of your Notice of Administrative Penalty (NAP).

Top Ten Common Grounds to Challenge an IRS

1. Failure to properly identify the driver, time of driving, or operation of the motor vehicle

   Unless police find you in the driver’s seat, it may be difficult to prove that you were operating the vehicle. You may challenge an IRS if the officer cannot clearly establish who was driving or in care or control of the motor vehicle. Our lawyers examine the circumstances to determine whether a “care or control” presumption can be rebutted.

2. Failure to identify time of consumption

   IRS penalties are based on blood alcohol or drug concentration at the time of driving. You may challenge an IRS if:

   • No alcohol or drugs were in your system while driving
   • A breath test was taken improperly within 2 hours of driving
   • Alcohol or drugs were consumed after driving
3. Failure to make the breath demand or take the breath test properly

   Police must follow strict procedures under s.320.27–320.28 of the Criminal Code. Common errors include:

   • Equipment not calibrated or maintained
   • Breath demand not explained or translated
   • Mouth alcohol or foreign substances contaminating the sample
4. Failure to inform you of your right to a roadside appeal in writing
   The TSA requires police to advise you in writing of your right to request a second test. This includes a clearly marked advisory stating:
   “YOU HAVE THE RIGHT TO A SECOND TEST TO CONFIRM YOUR BLOOD DRUG/ALCOHOL CONCENTRATION”
5. Failure to provide an opportunity for the second test

   If you request a second test immediately, the police must conduct it. Failure to provide the test can result in cancellation or reduction of your IRS.

6. Failure to conduct the correct roadside appeal

   If a second test is conducted, it must follow the proper procedures depending on the first test type. Errors during this process, such as incorrect sample type or instrument, can provide grounds to challenge the IRS.

7. Failure to use the lowest readings to determine the applicable IRS

   When multiple readings are obtained, the lowest reading must be used. If the officer used a higher reading to issue your NAP, this can be challenged.

8. Failure to serve the Notice of Administrative Penalty (NAP) properly

   A NAP must be served correctly, by personal delivery, mail, or electronic means, with accurate personal details. Improper service or errors in your name or address may invalidate the penalty.

9. Failure to prove elements of IRS

   Each IRS category has statutory requirements that must be satisfied by the police. For example:

   • IRS ZERO: Novice – you must be a novice driver
   • IRS FAIL – blood alcohol/drug concentration must exceed the legal limit

   If police cannot prove all elements, your NAP can be challenged.

10. Failure to provide complete records

    You are entitled to full disclosure under s.2 of the SafeRoads Alberta Regulation. Missing evidence (police notes, videos, calibration records, or test results) can support a successful IRS Review.

Why You Should Challenge Your IRS

IRS penalties are immediate and severe. For example, an IRS: FAIL suspension escalates with repeat occurrences:

• First time: 15 months
• Second time: 39 months
• Third or subsequent times: lifetime

Unlike criminal charges, IRS adjudications:

• Do not presume innocence
• Do not allow trial rights
• Do not allow consultation with counsel during investigation

Challenging an IRS is crucial to avoid long-term consequences and prevent escalation on subsequent infractions.

How Our Lawyers Can Help & Why Hire Us

Our experienced DUI lawyers will:

• Review police disclosure and SafeRoads records in detail
• Identify procedural, technical, or Charter-based errors
• Advise on the strongest grounds to have your IRS cancelled
• Represent you at your IRS Review to maximize your chances of getting your licence reinstated

The 7-day window to request an IRS Review is strict. Acting quickly ensures your rights are protected and your case is presented effectively.