If you are charged with sexual assault in Canada, it is important that you know the rights you are entitled to.

In some cases, intoxication can be relevant to refute the mental or ‘mens rea’ element of a criminal offence. An important distinguishing factor in the defence of intoxication is whether a person was voluntarily intoxicated. If an accused unknowingly consumes an intoxicating substance or had an unexpected reaction to medication, this will be considered involuntary intoxication, which could negate the intent of the offence. For example, if someone was forced to ingest an intoxicating substance or it was surreptitiously put into food or drink they ingested, the defence of involuntary intoxication will take effect. However, if a substance was voluntarily consumed and the person ought to reasonably have known that it was an intoxicant, an involuntary intoxication defence will fail. This was decided in court of appeal cases such as R v Chaulk and R v Abel.

Being charged with a criminal offense can be a daunting experience, but understanding the legal process can help alleviate some of the stress. Here's what you can expect:

A surety is someone who comes to court and commits to supervise an accused person while they are out on bail. Typically, a surety is an adult Canadian citizen (or permanent resident), and usually does not have a criminal record. A surety should be someone with regular contact with the accused, and that lives nearby. Sometimes, an accused is required to live with a surety as part of their release conditions. In deciding whether to allow you to be a surety for someone, the court will take into account many considerations, including how long you have known the accused.

When you enter into a guilty plea, you are waiving your right to trial, meaning the crown no longer has to prove your charges beyond a reasonable doubt. Guilty pleas are usually assumed to be valid, particularly if you had legal counsel at the time you entered your plea. When you enter your plea, you are asked specific questions to determine whether you fully comprehend what it means to enter a plea of guilty. If, however, you do wish to withdraw your guilty plea, it is now up to you to prove to the court that you should be allowed to do so. Only under very limited circumstances will the court allow you to withdraw a guilty plea.

In Ontario, encounters with law enforcement can leave a lasting mark, even without a conviction. Police can maintain records of various things including:

If someone is arrested in the evening, night, or early morning hours, they are often held by police until the next day. During this time, the police compile information about the charges that were laid and any investigation they’ve completed surrounding these charges. Using this information, police will decide if the person arrested can be released directly from the police station or if their previous criminal record or current charges are serious enough that the file must be passed on to the Crown Attorney.

Wrongful convictions are a serious injustice that can have devastating consequences for individuals and society as a whole. In Canada, as in many other countries, innocent individuals can be wrongly convicted of crimes they did not commit. However, effective legal representation plays a crucial role in preventing wrongful convictions and safeguarding the rights of the accused.