Every person has specific legal rights when charged with a criminal offence. It does not matter if the criminal offence is minor, like “Theft Under $5,000” or more serious, like “Manslaughter”. Unfortunately, many people are unaware of their rights. If you are ever detained or arrested in relation to a criminal offence, it is crucial, that you exercise your rights.
Being charged with a criminal offence is a stressful and emotionally taxing experience. An arrested party can either be charged and released, or charged and held for a bail hearing. Section 11(e) of the Canadian Charter of Rights and Freedoms states that a “detained” party has the right to reasonable bail, unless there is a just cause why the party should be detained in custody.
When most people think about sexual assault, they tend to think “rape”. In Canada, there is a broad offence known as “Sexual Assault”. Under the umbrella of “Sexual Assault”, there are numerous actions that can establish the offence. Consent is a crucial factor in all cases of “Sexual Assault”.