Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

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: 4 months ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Customer reply replied 4 months ago
Is there an update yet
Answered in 9 hours by:
12/9/2017
Lawyer: CaptanLaw, Lawyer replied 4 months ago
CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 263
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?

Ask Your Own Canada Law Question
Customer reply replied 4 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 4 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.

Ask Your Own Canada Law Question
Lawyer: CaptanLaw, Lawyer replied 4 months ago

Hello

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

Ask Your Own Canada Law Question
Was this answer helpful?
Ask CaptanLaw Your Own Question
CaptanLaw
CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 263
263 Satisfied Customers
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.

CaptanLaw is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

58,176 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

263 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I'm an employer who has hired a temporary foriegn worker. My
Hi there I'm an employer who has hired a temporary foriegn worker. My employee has asked for a leave of absence to leave the country to attend to a family member who is going through surgery. What is … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I have been covering maternity leave, with the worker due
I have been covering maternity leave, with the worker due back May 1st. It is now less than two weeks to go and I have still not heard if she is coming back or not. Does she not have to give some kind… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I want to quit my job, but want to make sure I'm covered
I want to quit my job, but want to make sure I'm covered legally … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I am looking for some info on how a civil case would work. I
hello . I am looking for some info on how a civil case would work. I was sexually abused as a kid by a school bus driver in the early '80's I came forward a while back, but I was told i would have to … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I need to know if I should get a new lawyer. Can you help?
I need to know if I should get a new lawyer. Can you help? … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,164 satisfied customers
I am currently serving an intermittent sentence from Friday
I am currently serving an intermittent sentence from Friday at 8 pm to Sunday 8am . Last night my work called with an emergency call and said if I didn't work it I was fired so I didn't go to jail las… read more
CriminalLawyerTO
CriminalLawyerTO
27 satisfied customers
My work closed it's doors and I haven't been reimbursed for
My work closed it's doors and I haven't been reimbursed for expenses and wages. What do I do now? … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I work for a university in Portland, OR. We have a large
I work for a university in Portland, OR. We have a large number of Canadian alumni living and working in BC, AB and other provinces. We are exploring ways to have one of our experienced alumni relatio… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I moved into a building 8 years ago. At the time of signing
I moved into a building 8 years ago. At the time of signing the contract electricity and water is included. Since then the building has been sold many times to different owners. Now they sent a letter… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
After Our Conversation On Saturday, We Were Waiting For Them
This Is For Debra, After Our Conversation On Saturday , We Were Waiting For Them To Come As They Said On Tape , They Didn't Show When We Asked Management They Said They Were Coming On Wednesday We Rec… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Is it possible for the victim of incest, 40 years ago, to
Is it possible for the victim of incest, 40 years ago, to ask for a pardon for the person who abused? Would charges be pardoned and if so how do I do this in Canada? … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,164 satisfied customers
This is a continuation of the issue of the flooding caused
Hi...this is a continuation of the issue of the flooding caused by an errant roofer. He has invoiced me for the full amount and I am out damages. Should I itemise the damages and send him an invoice w… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I need a lawyer to get me retribution for 6 months i spent
I need a lawyer to get me retribution for 6 months i spent in jail for a crime i appealed and won … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I have a few questions on the new personal day legislation
I have a few questions on the new personal day legislation in Ontario? The company I work for in January stated personal days and sick days r two different things, but now have stated to us they r the… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I have a question in regards to credit. I live in Canada and
I have a question in regards ***** ***** I live in Canada and used a credit counciling service to pay my outstanding credit card debt. It was a 4 year program, and I received a letter that I was finis… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
First of all thank you very much. I did as you suggested and
Hi Debra , first of all thank you very much. I did as you suggested and got my ROE paper but the box for reason was "quit " so it is useless. I responded right away to HR and it is not corrected yet e… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
My question pertains to my house and the rights that my wife
Hi. My question pertains to my house and the rights that my wife will have to it once we divorce. I owned it for 2 years before she moved in, she is not on the title and has never paid a cent into it … read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
I texted the General Manager yesterday to follow-up the
Hi, Debra! I texted the General Manager yesterday to follow-up the status of my request re: my ROE. He replied to me this: "I spoke with the HR Director. It seems that she had a call from Service Cana… read more
Debra
Debra
Lawyer
Doctoral Degree
58,176 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x