In Canada, the legal system holds a lot of power over regular people. However, it is often unclear. This lack of clarity can lead to confusion about important ideas like guilt, being found not guilty, and punishment. Too many times, people do not understand the types of defense they can use. This confusion makes them plead guilty without needing to.

The defense process starts right after a person is charged with a crime. It is important for a criminal defense lawyer to be at bail hearings with their client. This way, they can help the defendants not share information that might make them look guilty later.

It is important for everyday people to understand how criminal defense works in Canada. This knowledge helps them defend their rights. Even if you think you have done something wrong, the Canadian justice system looks at the whole situation. You might not be seen as guilty, or you could be found guilty of a less serious crime.

You do not have to say you are guilty. If there are arrest warrants against you in Canada, talking to a Toronto criminal lawyer can help. They can fight for your case, helping you clear your name and return to your life.

To help you see how criminal law works in Canada, here is a list of some main types of defense that a skilled criminal lawyer can use for you.

Actus Reus and Mens Rea

In Canada’s legal system, a person is considered guilty of a crime if the prosecution can show, beyond a reasonable doubt, that the accused did a crime, called actus reus, and had a guilty mind, known as mens rea.

While there are a few exceptions to this rule, for strict or absolute liability cases like workplace safety, the prosecution does not need to show intent. The main job of the prosecution is to prove both parts of the crime: the act itself and that the person knew they were doing something wrong.

This means that many types of criminal defense focus on showing that the person accused didn’t commit the crime or didn’t mean to commit it. For example, if a teenager is found with a bag of cocaine, but the defense can prove that they didn’t know they had illegal drugs, then they are not guilty of drug trafficking.

These types of criminal defense often need Toronto criminal lawyers to prove alibis. They must show that the person was not at the crime scene, or that the crime was really an accident.

Other Types of Criminal Defense

In some situations, it is clear from the start that the person did both the act of the crime and had the wrong intent. If someone walks into a police station and tells the officers that they killed someone who tried to stab them, it is clear that they committed murder and acted with purpose. But does this mean they are guilty of a crime?

Canadian law allows for a situation where a crime was done with knowledge, but there were reasons that could lessen the punishment. These reasons might not always lead to being found not guilty, but they can help in lowering the charge and reducing the sentence. The types of defenses in this area, called true or affirmative defenses in Common Law, are listed below.

Duress

A criminal defense lawyer uses a duress defense when their client was forced to act in a certain way by another person. This is also called coercion or compulsion.

In the case R. v. Ryan, the Supreme Court of Canada decided that a person can use the defence of duress. This applies when someone commits a crime due to a threat that forces them to do it.

If a bank teller is being threatened at gunpoint to give a lot of money, they are not guilty of robbery.

Automatism

Canadian law describes automatism as a “state when a person is not aware and cannot control their actions.”

One simple example of automatism is sleep terror. This disorder causes people to feel panic and dread. A well-known case is Brian Thomas, a man from Wales. He killed his wife because he thought she was an intruder during one of these times.

Typically, automatism falls into two types: “insane automatism” and “non-insane automatism.” This depends on whether the defendant has a mental illness. Automatism is not a very common situation. However, it can be a strong defense for people who act on impulses caused by mental issues or lack of full awareness.

Intoxication

If a person is very drunk when they commit a crime, a lawyer might say they were not thinking clearly. Like in cases of automatism, this could mean they cannot be found guilty.

Intoxication can be a very hard defense to use in Canadian law. A lot of people debate when it should work and when it should not. While some have won cases using this defense, many legal experts question the idea that a person who commits a violent crime, like rape or murder, while under the effect of drugs or alcohol should escape guilt.

Necessity

Like duress, the defense of necessity says that outside situations made the person commit the crime. However, unlike duress, necessity does not need another person to push the person into doing it.

Typically, duress only applies when every one of the following elements is there:

  • There is a direct threat of death or danger.
  • The accused has no reasonable choice but to break the law.
  • The harm caused was equal to the harm prevented.

For example, if a woman speeds while driving her choking son to the hospital because she could not call for help, the court may say that the danger of speeding is just as serious as the danger to her child’s life. However, if she was speeding because she was late for work, this would not likely be considered a good reason.

Knowledge is powerful, especially when you deal with the legal system. It is very important to know your defense options if you are charged with a crime. This can help you protect your rights.

If you are facing charges and waiting for your bail hearing or first court date, you should have a good lawyer. Call Jeff Reisman Law to get the help you need to defend yourself against the prosecution.