Purser Law Blog

When can police tow my vehicle?

 There are multiple ways that a police officer can seize or remove (i.e., take and tow) your vehicle in Alberta. These reasons are outlined in the

Can police seize my belongings if I haven't been criminally charged?

Police officers in Canada are allowed to seize an individual’s personal belongings even in circumstances where that person has not been criminally charged. Section 489(1) of the Criminal Code allows police officers to seize items as part of…

Can police seize my belongings after I've been charged with a criminal offence?

In Alberta, police officers can seize someone’s belongings if they believe that those belongings were: (1) obtained through crime; and/or (2) used as part of a crime. For example, police can seize an item that they believe was stolen, or a vehicle…

What is Section 8 of the Charter?

The Canadian Charter of Rights and Freedoms protects constitutional rights in Canada. Section 8 of the Charter protects people against unreasonable searches and seizures by police, and thus, violations of their privacy. The purpose…

How Does Bail Work in Canada?

Presumption of Innocence / Release: Bail, also called ‘judicial interim release’, is governed by section 515 of the Criminal Code and section 11(e) of the Canadian Charter of Rights and Freedoms. Section…

What is Section 10 of the Charter?

The Canadian Charter of Rights and Freedoms safeguards constitutional rights in Canada. Section 10 of the Charter protects individuals’ rights with respect to arrest and detention. Section 10(a) ensures that individuals and promptly…

What is the Youth Criminal Justice Act (YCJA)?

The Youth Criminal Justice Act, or the YCJA, is the legislation that governs the youth criminal justice system in Canada. The YCJA applies to young persons over the age of 12 and under the age of 18 who are facing…

The New Miscarriage of Justice Review Commission

David Milgard’s Story   David Milgard’s story is one of the worst miscarriages of justice known to Canadian law. Wrongfully convicted of first degree-murder in 1970, David Milgard spent 23 years in prison for the rape and murder…

What is a Weapons Prohibition?

When someone is found guilty of a criminal offence, a judge may impose an order prohibiting them from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive…

What is Sexual Assault?

In Canada, allegations of sexual assault are taken very seriously. It's common for criminal charges to be laid once a complaint is filed with the police, and the legal consequences can be severe, including mandatory minimum jail sentences for many…

What is a Homicide?

In Canadian criminal law, a “homicide” occurs when someone directly or indirectly causes the death of another human being. However, it is only “culpable homicide” that will lead to criminal charges. Culpable…

What is a CSO?

If you have been convicted of a crime, then you may be sentenced to a term of imprisonment or jail.  However, if you receive a “Conditional Sentence Order,” (CSO) then you will be permitted to serve your jail sentence…