Administration of Justice Offences and The Youth Criminal Justice Act

Fail to Comply with Bail

Failing to comply with bail is a criminal offence under the Criminal Code of Canada. When a person is granted bail, they are required to follow certain conditions set by the court until the resolution of their criminal case.

Section 145(3) of the Criminal Code makes it an offence to fail to comply with any condition of a recognizance or undertaking. A recognizance or undertaking is a legal document that outlines the conditions of the bail, such as reporting to a police station, remaining within a certain geographic area, or refraining from contacting certain individuals.

The prosecution must prove that the person knowingly failed to comply with one or more of the conditions of their bail.

If you or someone you care about has been charged with a failing to comply with a bail condition, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Peace Bonds

A peace bond is a court order under the Criminal Code of Canada that requires an individual to keep the peace and be of good behavior for a specified period of time. The purpose of a peace bond is to prevent an individual from committing a criminal offence or engaging in threatening or harassing behavior towards another person.

Section 810 of the Criminal Code allows a person to apply for a peace bond if they have reasonable grounds to fear that another person will cause personal injury to them, their spouse, or their child, or will damage their property. The application can be made to a judge or justice of the peace, who will determine whether the person has reasonable grounds to fear for their safety.

If the judge or justice of the peace is satisfied that there are reasonable grounds to fear for the person’s safety, they may order the person to enter into a peace bond. The peace bond will specify the conditions that the person must follow, such as staying away from the person who made the application or refraining from contacting them.

If the person breaches any of the conditions of the peace bond, they can be charged with a criminal offence and may face penalties such as fines or imprisonment.

If you have been served with an Application for a Peace Bond, it is beneficial to consult an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Bail Hearings

A bail hearing is a court proceeding in the Criminal Code of Canada where a Judge or Justice of the Peace determines whether a person should be released on bail pending their trial or held in custody.

At a bail hearing, the judge or justice of the peace will consider various factors, including:

The nature and seriousness of the offence(s) the person is charged with;
The strength of the evidence against the person;
The person’s criminal history, if any;
The person’s ties to the community, including their employment, family, and residence;
The likelihood that the person will appear in court for their trial;
The risk that the person may reoffend or endanger public safety if released on bail;

If the Judge or Justice of the Peace determines that the person should be released on bail, they will set the conditions of the bail. These conditions may include reporting to a police station, remaining within a certain geographic area, or refraining from contacting certain individuals. If the person fails to comply with these conditions, they may be charged with a criminal offence.

If the Judge or Justice of the Peace determines that the person should be held in custody, they may be detained until their trial.

Overall, a bail hearing is an important step in the criminal justice process, as it can impact whether an person will be held in custody or released on bail pending their trial. If you or someone you care about has been charged arrested and is being held in custody, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Public Mischief

Public mischief is an offence under the Criminal Code of Canada that involves making false statements, spreading false information, or misleading the public with the intent to interfere with the lawful use, enjoyment, or operation of property, the administration of justice, or the exercise of a public function or duty.

Section 140 of the Criminal Code defines public mischief as committing an act that:

Causes the public to be alarmed or misled
Disrupts or interferes with the lawful use, enjoyment, or operation of property
Interferes with the administration of justice
Interferes with the exercise of a public function or duty

To be convicted of public mischief, the prosecution must prove that the person had the intent to commit the offence. This means that they intended to cause the public to be alarmed or misled, disrupt the lawful use or operation of property, interfere with the administration of justice, or interfere with the exercise of a public function or duty.

If you or someone you care about has been charged with public mischief, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Youth Criminal Justice Act

The Youth Criminal Justice Act (YCJA) is a Canadian federal law that governs the way young people (aged 12 to 17) are dealt with by the criminal justice system. The YCJA aims to balance the need for accountability and rehabilitation of young people who have committed crimes while also protecting their rights.

Some of the key principles of the YCJA include:

Extrajudicial measures: The YCJA emphasizes the use of alternative measures to the formal court process whenever possible. This may include warnings, referrals to community programs, or mediation between the offender and victim.
Rehabilitation and reintegration: The YCJA prioritizes the rehabilitation and reintegration of young offenders into society, with a focus on addressing the underlying causes of their criminal behavior.
Protection of rights: The YCJA ensures that young people are treated fairly and that their rights are protected throughout the justice process. This includes the right to legal representation and the right to a trial.
Reduced adult sentences: The YCJA limits the circumstances under which a young offender can be sentenced as an adult, or the circumstances under which a young person can be sentenced to custody, recognizing that young people have a greater potential for rehabilitation and that adult sentences can be overly punitive.
Community involvement: The YCJA emphasizes the importance of involving families, communities, and victims in the justice process.

Overall, the YCJA aims to provide a more rehabilitative and restorative approach to dealing with young offenders, while also ensuring accountability for their actions. It reflects a recognition that young people have unique needs and vulnerabilities, and that the justice system should take these factors into account when dealing with them.

If you or someone you care about has been charged and is under the age of 18, you need a lawyer who is experienced in defending cases under the YCJA and who will fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.

Practice Areas

Assault / Threats
Assault, Domestic Assault, Utter Threats, Harassment, Assault with a Weapon, Assault Causing Bodily Harm, Aggravated Assault, Weapon Offences

Sexual Assault and Related Offences
Sexual Assault, Sexual Interference, Invitation to Sexual Touching, Voyeurism, Distribution of an Intimate Image without Consent