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My son is working in edmenton and was arrested along with 3…

Customer Question
My son is working...

My son is working in edmenton and was arrested along with 3 other bits for assault 266 on a bouncer and gave to appear on the 12 January what is the consequences the bouncer is ok the boys are quite badly beaten up

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Alberta

Lawyer's Assistant: Have you talked to a lawyer yet?

No he hasn't he is going to call when they open in the morning

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The boys were drunk they were helping a homeless person pick up hus items that had fallen out and the bouncer set upon them and all 4 boys have injuries and the bouncer has done face scrape the police came three of the boys were on the ground were hand cuffed and the fourth also then they were taken to cells woke up and told to appear on the 13th January

Submitted: 7 months ago.Category: Canada Law
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Customer reply replied 7 months ago
Is there an update yet
Answered in 9 hours by:
12/9/2017
Lawyer: CaptanLaw, Lawyer replied 7 months ago
CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 288
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
Verified

Hello

I'm a criminal lawyer that can try and assist with your inquiry. Please keep in mind that we are only permitted to provide general legal information as it relates to the situation you raised, and NOT specific legal advice.

That said, I'm sorry to hear about your son's Assault charge. I understand, roughly, the background to it. What specific question do you have about your son's situation?

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Customer reply replied 7 months ago
What will happen and what should he expect never been in trouble before and he has ended up with a broken tooth and bruised lip but did not hit anyone was trying to pull the bouncer off his friend
Lawyer: CaptanLaw, Lawyer replied 7 months ago

Hello

Of course, because we are not directly involved in your son's case, we cannot tell you what will happen / what the likely outcome will be. That said, I can provide you a summary about how the process works, and some potential outcomes. That said, your son ought to retain a criminal lawyer in his area to assist with his defence, particularly given that he has no prior record and will want to keep it that way.

To start, I can tell you that Assault, under the Criminal Code of Canada, is (generally speaking) defined as any intentional physical contact made upon another person without the other person's consent. Assault can be as trivial as a slap of another person's arm, for example, or be more serious, such as a direct punch to another person's face, or choking another person.

At your son's first appearance in Court, the Crown Attorney normally provides disclosure, which is the evidence compiled against the accused, including witness statements, a statement from the complainant, police notes and video surveillance (if any). The accused (or his/her lawyer) is then given time to review that disclosure. Pre-trial meetings ultimately take place between the defence lawyer and the Crown once disclosure is reviewed. Depending on how those pre-trial meetings go, and what options are on the table, the matter may be resolved without a trial (for example, if the Crown withdraws the charges, or the accused enters a plea), or a trial date might be set, if the accused is not content with the resolution position worked out by his/her lawyer, and the accused has a defence.

One potential defence that might be at play in your son's case, assuming that the events took place the way you described it, would be "self defence". Self defence is a justification to certain criminal offences, such as assault. Self defence can be of oneself or of another person.

The way the defence is worded under s 34 of the Criminal Code of Canada is as follows:

"34. (1) A person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

(c) the act committed is reasonable in the circumstances"

Accordingly, a lawyer would have to review your son's role in what happen in order to determine if the force he used on the bouncer falls within this framework. If it does, that would be helpful to his case. For example, it might be helpful in the pre-trial process, in negotiating an outcome such as a withdrawal of charges. And if that does not work, it can be raised as a defence if the case goes to trial.

Your son's injuries would be taken into account in this analysis, and specifically under paragraph (c), which deals with whether the force used was reasonable in the circumstances.

Section 34(2) of the Criminal Code provides a list of factors a Court must take into account when deciding whether an act was reasonable in the circumstances:

"(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

(a) the nature of the force or threat;

(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

(c) the person’s role in the incident;

(d) whether any party to the incident used or threatened to use a weapon;

(e) the size, age, gender and physical capabilities of the parties to the incident;

(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

(f.1) any history of interaction or communication between the parties to the incident;

(g) the nature and proportionality of the person’s response to the use or threat of force; and

(h) whether the act committed was in response to a use or threat of force that the person knew was lawful."

As you can see, the law is not simple, and it is important for your son to retain a criminal lawyer.

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Lawyer: CaptanLaw, Lawyer replied 7 months ago

Hello

Please let me know if you've reviewed the response, and have any follow up questions.

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