Defending breaching court orders and compliance offences: bail, probation, and failing to attend Court.
Attached in my paper on breaching court orders for the 4th Annual Recent Call Committee for the Criminal Lawyers’ Association. This year’s top is “Conducting a Trial in the Ontario Court of Justice”. This is the paper I have submitted as part of the material to be discussed on the topic of breaching court orders.
The link to the paper on breaching court orders:
Please note that this paper is somewhat dated (2011) and written in relation to another talk on the same topic at that time.
The purpose of the paper and the complexities in defending breaches of court orders.
The paper sets out to provide an overview for lawyers in defending client charged with breaching court orders. This includes violations of probation, bail, and failing to attend court. These sorts of offences are highly technical to defend and having a breakdown of the various defences that apply can drastically ease the burden of discovering the various defences from the beginning.
The paper explore topics such as: reasonable notice of Canada Evidence Act documents, mens era components, lawful excuses, distinctions and particularizations of offences, and supporting case law.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]