defending a criminal charge
There are many defences that apply to all criminal charges and many defences that apply to specific types of criminal offences. For example, in every case, the Crown must prove "identification" beyond a reasonable doubt. Other crimes, such as in "impaired driving" or drugs, have more specific defences to the offence itself. For instance, to prove impaired driving, the Crown must demonstrate beyond a reasonable doubt that the accused's ability to operate the "conveyance" was impaired by any degree by drug or alcohol. For drug offences, the Crown must prove that the substance alleged is actually a drug contrary to the Controlled Drugs and Substances Act.
All criminal law defence must have an "air of reality"; meaning that they must have at least some evidentiary foundation.
In this section, I will attempt to succinctly explain various criminal law defences. I encourage the reader to check-back to these webpages often, as I will expand the topics in the days, weeks, months and years to come. Of course, if you have been charged with a criminal offence in Canada, you should consult with a qualified criminal lawyer to learn about the defences that apply to the specific circumstances of your case. This website is for informational purposes only and should not be relied upon as authority on any topic.
For a free consultation with an Alberta criminal lawyer, call David Chow at 403.452.8018.