What are my rights and obligations when dealing with police?

what are my rights when dealing with police

People often ask about their rights and obligations when they are stopped and questioned by police.  The answer to this question depends on the facts of the situation, including where you are (e.g., in your vehicle or home or on the street) and whether police are simply interacting with you or whether you have been arrested or detained. “As a … Read More

Are police allowed to search my phone upon arrest?

Section 8 of the Canadian Charter of Rights and Freedoms provides that everyone has the right to be secure against unreasonable search or seizure. The purpose of this section of the Charter is to protect the privacy interests of all persons in Canada. There is no doubt that many people have personal, private and sometimes sensitive information on their cell … Read More

Defending Against Sexual Assault Charges

Defending against sexual assault charges is becoming increasingly difficult in the #metoo era. In fact, there have been a number of incremental legislative amendments and other changes in the law over the years that make defending against allegations of sexual assault more difficult than other charges. Many people are not even aware of these changes and express shock and disbelief … Read More

What to do if you get a call from the Police

You’ve just received a call from the police, asking you to come in and answer a few questions. What should you do? Should you talk with the police? Should you comply with everything that’s requested of you? It is important that you know what to do if you are ever contacted by the police.  Here we will discuss the main … Read More

New Drinking and Driving Law in Canada Affects DUI Defence

hogan-law-firm-new-drinking-and-driving-legislation-canada-dui-mississauga

On December 18, 2018, recent amendments to the Criminal Code of Canada will come into force that will transform the law in Canada as it relates to drinking and driving offences, including Impaired Driving and Over 80. Currently, police officers must form a “reasonable suspicion” that a person has alcohol in their body and has operated a motor vehicle within three … Read More

The Sex Offender Information Registration Act (“SOIRA”) and Christopher’s Law (Sex Offender Registry), 2000

soira-christophers-law-ontario-sex-offenders-hogan-law-firm-mississauga

If a person is convicted of a designated sexual offence in Ontario, or is found to be not criminally responsible on account of mental disorder for such an offence, he or she will be required to comply with the Sex Offender Information Registration Act (Canada) (“SOIRA”) and/or the Christopher’s Law (Sex Offender Registry), 2000 (Ontario) and register with the National Sex … Read More

New Carding Regulations in Ontario

new-carding-regulations-in-ontario

On January 1, 2017, new government regulations came into effect that are designed to govern the manner in which Ontario police may collect information from individuals, commonly known as “carding”: an ineffective, discriminatory and legally questionable practice of stopping, questioning and documenting of citizens who are not suspected of breaking any law in Ontario. The new regulations provide that Ontario … Read More

Jian Ghomeshi found not guilty – criminal lawyer Mark Hogan explains why

jian ghomeshi found not guilty - criminal lawyer mark hogan explains why
Verdict: Jian Ghomeshi Found Not Guilty The long awaited decision in the Jian Ghomeshi trial was handed down on Thursday March 24, 2016. As expected by many in the legal community: Jian Ghomeshi Found Not Guilty. Mr. Ghomeshi had been charged with three counts of sexual assault and one count of overcoming resistance by choking. Since the charges were laid ... Read More