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Being charged with a crime is a scary experience. You could face time in jail, and the consequences can affect countless aspects of your life. Even without jail time, though, penalties can be stiff. One potential sentence that a person may receive is a discharge. However, this can be a positive outcome. So, what effect does a discharge have on your criminal record?

Having a conviction discharged is fairly straightforward, but complications can arise. Plus, there’s no guarantee you’ll be eligible for such a discharge. This is why you should speak with a defence lawyer when you have questions. In the meantime, here’s what you need to know about discharges on your criminal record.

What Is a Discharge?

For certain crimes, a discharge is a possible sentence. This occurs when there is a plea or finding of guilty — but no conviction occurs. These are among the most lenient sentences that anyone can receive after being found guilty. Since there is no conviction recorded, nothing goes onto the defendant’s criminal record.

There are two types of discharges: absolute and conditional. An absolute discharge has no requirements or strings attached. It’s the lowest possible criminal penalty in our system. A conditional discharge is similar — also resulting in no criminal record — but a conviction will be recorded if the accused fails to comply with the conditions of their probation.

How Will a Discharge Affect Your Criminal Record?

Because neither of these discharge types result in conviction, there is nothing to input on a criminal record. Only convictions go on these records. However, a conditional discharge will show on background checks for three years. An absolute discharge will show up on your record for a year after sentencing.

There is one caveat to this general rule. A vulnerable sector background check may show verdicts on your record long after the traditional search period ends. Peace bonds can also show up on these background checks — even though there’s no admission of criminal activity. This is why you should consider speaking with a lawyer, even if the Crown Attorney offers a discharge.

Are Any Crimes Not Eligible for Discharge?

Individuals who are convicted of crimes often ask why they were not given a discharge. Put simply, the courts are not required to offer an absolute or conditional discharge to anyone found guilty of a crime. However, there are also a variety of criminal charges that disqualify defendants from even being considered.

If a person is found guilty of a crime that carries a minimum sentence — or is punishable by 14 or more years in prison — they are not eligible for discharge. However, it is possible to seek a record suspension in some of these situations. This is why having legal representation can be invaluable regardless of where you are in the system.

Toronto has seen increasing rates of certain violent crimes in recent years. However, not all criminal allegations are the kind that make the nightly news. In many cases, assault charges involve friends, acquaintances, and loved ones. In such circumstances, an alleged victim of an assault may change their mind and not want to press charges. So, is this allowed?

Obviously, there are many other instances when accusers may decide they don’t want to press charges. In any of these cases, though, the law dictates how the criminal justice system moves forward. Here’s what you need to know.

Can Alleged Assault Victims Have Charges Dropped?

In many instances of assault, police have discretion over whether to make an arrest. If two individuals engage in mutual combat, neither may want to press charges. In such a case, officers may not make an arrest at all. When someone is taken into custody and formally charged, however, the decision to rescind these charges does not fall to the alleged victim.

When police lay charges against an individual, the decision to prosecute belongs entirely to the Crown Attorney. Even if the alleged victim completely recants their initial statement, the prosecutor can still opt to move forward with charges. Their job can become more difficult without a cooperating witness, but a conviction is far from impossible.

Can Domestic Assault Victims Refuse to Press Charges?

When police respond to an assault call, the parties involved may wish to not have charges filed. In many cases, officers can use their discretion to acquiesce. However, this is not the case when they have reasonable suspicion that domestic violence (DV) has occurred. This can occur between those involved in romantic relationships, individuals living together, or family members.

In cases where domestic assault charges are levied, there’s a solid chance that the Crown Attorney may move forward even without a cooperating witness. The news frequently covers stories of intimate partner murders that followed previous repeated incidents of violence. This often occurs when DV victims recant their statements and don’t cooperate.

If someone is charged with domestic assault in Toronto, they’ll likely face difficulties regardless of whether an alleged victim changes their mind.

When Might a Prosecutor Drop Charges?

While an alleged victim cannot unilaterally decide to drop charges, there are instances where the Crown Attorney may dismiss a charge on their own. In many cases, this decision is directly linked to recanted statements. The alleged victim may have exaggerated, been intoxicated, or even blatantly lied to police officers. Either way, they will not make great prosecution witnesses.

Put simply, the Crown Attorney will typically not move forward with criminal charges if they don’t reasonably believe that they can secure a conviction. At times, this can be because an alleged assault victim changed their mind and wants charges dropped. Regardless of the underlying situation, anyone facing allegations of a crime of violence should seek legal counsel.

Canada’s strict gun laws are a running joke to many of our neighbours south of the border. Just because a person cannot typically carry a gun for self-defence, though, does it mean they have no options to protect themselves? For instance, is pepper spray legal in Canada? Unfortunately, you may be out of luck if you’re considering carrying Mace® or other sprays as self-defence.

Is Pepper Spray Illegal in Canada?

Pepper spray is not legal in Canada. It is considered a prohibited weapon under our country’s criminal code. This is true of any gas, powder, liquid, or other substance discharged from a weapon that can immobilize, injure, or otherwise incapacitate another individual.

In fact, our country has outlawed a wide variety of items that could be used in self-defence. Anything that’s intended to cause intimidation, injuries, death, or even present a threat to someone is typically outlawed. Violating this law can have serious consequences.

What Are Criminal Penalties for Possessing Pepper Spray?

Anyone arrested for carrying pepper spray can face prison time. There are a variety of crimes that a person may be charged with. These include hybrid offences — such as unauthorized possession of a prohibited weapon — and indictable offences like importing a prohibited weapon.

However, there are also instances where the Crown Attorney may choose to prosecute summarily. The prosecutor’s approach will have a significant effect on potential penalties for carrying pepper spray. However, prison sentences can range up to 10 years in some cases. This is why you should seek legal counsel if you’re facing charges.

Are There Alternatives to Pepper Spray?

Once people learn that pepper spray is illegal, they often wonder whether there are legal self-defence alternatives. After all, an attacker doesn’t need to be armed to cause injury or death. So, are there alternatives to pepper spray for self-defence?

This is a complex question, and its full answer will often only come after someone is charged with an offence. That’s because items such as fixed-blade knives, bear mace, and batons are legal to carry, but the law states that their use cannot be intended to harm others.

Unfortunately, the criminal code is intentionally vague in this area to give police, prosecutors, and the courts more discretion. Put simply, carrying any self-defence weapon could result in charges. However, a good lawyer may be able to help you avoid conviction.

What If You’re Arrested With Pepper Spray?

If you’re arrested with pepper spray, the weapon will first be confiscated. It’s also likely that you’ll be taken into custody. However, you might be entitled to bail depending on the circumstances of your situation. This means you may not have to stay in jail while awaiting prosecution.

After being arrested for carrying pepper spray — or any prohibited weapon — keep in mind that you don’t have to speak to the police. Doing so may hinder your defence. After being charged with such a serious crime, it’s likely in your best interest to quickly contact a Toronto criminal defence lawyer.

We’ve all seen blackmail play out in television shows and books, but in many cases, it seems as if the act goes unpunished. This oftentimes makes it seem as if extorting someone for gain is just something a person can do whenever they feel like it. In reality, many jurisdictions treat such actions as serious crimes. So, is blackmail a crime in Canada?

Unlike many other areas of the law, there isn’t much nuance to this question. If you’ve been charged with blackmail in Toronto or anywhere in Canada, it’s time to seek assistance from an experienced legal professional.

Is Blackmail Illegal in Canada?

There really are no complexities to national statutes in this situation: blackmail is illegal. However, you may have trouble finding these laws if you’re searching through our country’s legal texts. That’s because the crime is known as extortion, and it can carry some stiff consequences.

Extortion is an indictable offence. This means that a conviction can lead to substantial prison time. Even worse for those charged with the crime, there is no statute of limitations under the law. This means that a person could be charged years after allegedly engaging in behaviours that meet the legal definition of blackmail.

What’s the Legal Definition of Extortion?

The Criminal Code of Canada specifies which actions constitute extortion. There’s plenty of legal jargon in the statute, but the elements of blackmail essentially break down into the following:

• Use of threats, violence, accusations, or menacing.
• The defendant intended to get something from their target or force them to do something.
• The underlying threats or violence were made to force the other individual into doing something.
• The threats were made “without reasonable justification or excuse.”

When all of these elements undeniably exist, the Crown Attorney will likely be able to secure a conviction. And since prosecutors are not supposed to move forward with charges without a reasonable belief that a conviction can be secured, your best bet is to seek legal counsel if you’re ever accused of this indictable offence.

What Are the Potential Penalties for Blackmail Charges?

As an indictable offence, blackmail can result in serious punitive measures. The most severe potential consequence, however, is life in prison. This is certainly a worst-case scenario, which would likely involve aggravating factors, but the fact that such a sentence is even possible should terrify anyone accused of the crime.

Fortunately, there are no minimum sentences for an extortion conviction unless a prohibited firearm was used or the act involved organized crime in some way. This means someone charged under the statute may be able to negotiate a more lenient sentence with the help of an extortion lawyer in Toronto.

The circumstances of the case will obviously affect the eventual outcome, but since blackmail is a serious crime, no one should take these charges lightly.