Alcohol and drug related offences are the most common types of charges in Ontario.

Knowing the consequence of a criminal conviction for the above offences is critical.  Many of the consequences are not necessarily obvious or known to members of the general public.  They include but are not limited to the following:

1. you will have a criminal record (impaired driving offenses are not eligible for conditional or absolute discharges);
2. you will need to apply for a formal pardon in order to remove this conviction from your record;
3. you will receive a fine or jail sentence based on your driving record and/or blood alcohol levels in your particular case (fine range is INCLUDE);
4. your present insurance rates will increase significantly;
5. associated costs and other remedial driving programs (Back on Track etc) ;
6. license suspension of one (1) year for a first offence, three (3) years for a second conviction and a lifetime driving ban for a third offence (with a chance to have your license reinstated after ten (10) years)

Not all impaired driving trials result in convictions.  These offences are complicated to prove and are procedure heavy and involve several critical procedural steps in order to secure a conviction.   Failure to properly follow testing procedure can lead to the exclusion of evidence and possible acquittal.  Failure to advise charged person of their right to counsel or effectively provide these rights in a reasonable and diligent fashion can also lead to evidence exclusion and possible acquittal.  Drug testing procedures are in their early stages and DRE officers (drug recognition officers) are inexperienced and dealing with new areas of evidence previously untested.  There are numerous ways these drug impaired cases can fall apart at trial.

Offences of violence most often include assault, assault causing bodily harm, uttering threats, and criminal harassment. Other violence related offences include robbery, extortion, and kidnapping.

In some situations there are specialized defences that can be applied, such as self-defence or provocation. Some of these defences are not well known to the public – You have a constitutional right to protect yourself and others in potentially violence situations.

A domestic assault involves two persons who are in an intimate relationship. Violence in the domestic context has been tolerated for far too long – the courts and prosecutors are now instructed to seek stricter sentences and often require offenders to participate in domestic abuse related programs. Persons charged with this offence are often charged and placed on bail conditions that require them to live in a separate residence, apart from the victim and usually the children of the union. Unfortunately, many police officers effectively ban interaction with the children for the charged spouse. They do this by placing bail conditions that restrict communication between the offending spouse and the children, and by prohibiting attendance at children’s school. A spouse is therefore often prevented from seeing their children (without a bail variation) and prevented from returning to the matrimonial home.

This practice effectively leverages guilty pleas and puts undue pressure on spouses to resolve the charges early or risk alienating their children with a along absence. In cases where the person charged is guilty of the offending behaviour, a guilty plea and enrollment in a domestic violence program may allow a spouse to return home, subject to strict conditions. This may not be what the victim spouse wants or even suggested. This may have severe financial consequences on both parties as the charged spouse may be required to secure alternative accommodations at extra expense and inconvenience.

Sexual offences include sexual assault, sexual interference and invitation to sexual touching among others. These are special offences because they often include mandatory minimum sentences, particularly in cases where it is alleged there are child victims.

The punishment of sexual assault offences is often complicated and serious. A general sexual assault conviction could actually result in a sentence of up to ten years in jail. Offences against minors (invitation to sexual touching and sexual interference) have mandatory minimum sentences and can also result in serious penitentiary sentences.

The often more complicated and punitive aspects of these sentences are the ancillary orders that follow persons convicted of these offences. There are often restrictions covering where a convicted sex offender may attend, particularly if offences included action against person under the age of 18. Persons convicted are placed on the sexual offender registry and are required to report annually to police to update them on their location and residence. People who are convicted of sexual offences are often restricted from accessing beaches, swimming pools, parks, and any places where children are known to frequent.

Drug offences are varied and often complicated. Defences to drug offences often involve challenging the search warrant or the search circumstances in general.

Different drugs result in significantly different sentences. Serious drugs like cocaine and heroine possession often results in jail sentences even for simple possession.

Newer prescription drugs like Oxycontin and Fentanyl almost always result in jail sentences, even for possession related offences. Trafficking Fentanyl will now almost certainly result in a significant penitentiary sentence and the potential seizure of property.

Property offences are often considered less serious, although this area of law also involves criminality that has more punitive sentences. For example, a residential break and enter carries a maximum sentence of life imprisonment, pursuant to section 348 of the Criminal Code.

While this sentence is almost never imposed, it does illustrate how serious and punitive property offences can be under Canadian Law.

The effect of a criminal record on people can be devastating. A criminal record will often restrict your ability to coach or volunteer with children. Certainly, any sexual offence will effectively prohibit such volunteering.

Cross Border travelling can be negatively affected by a criminal record and authorities at U.S. Customs have broad discretion to refuse someone entry into the Unites States. While this occurs less than perhaps suggested in the news media, it can effectively restrict travel and make the family vacation significantly more complicated and difficult.

Regulatory charges like speeding, careless driving, environmental offences, and workplace negligence can lead to charges under different Provincial Offence Statutes including the Highway Traffic Act and Fish and Game Act, etc.

Other statutes govern pollution, garbage disposal, and construction related regulations and legislation.

While these offences do not generally result in a criminal conviction or finding, they can result in significant fines and penalties that one should be aware of.