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About us

Criminal Lawyers at Cormier Simard deal with cases in the districts of Montreal, Laval, Longueuil and the surroundings.

Mr.Cormier is a former Crown Prosecutor who acquired experience in criminal law in the Quebec Court, the Superior Court of Quebec, the Appeal Court of Quebec as well as municipal courts. He acted as a legal consultant for the United Nations and practised within two international penal tribunals: the International Tribunal for Rwanda and the Special Court for Sierra Leone. As a criminal defense lawyer, Mr.Cormier’s strategy is often to find flaws in the accused’s charges and to expose them while defending his clients.

A client acquitted on harassment charges laid by several neighbours

Several neighbours of one of criminal lawyer Xavier Cormier’s clients made complaints of criminal harassment to the police (Section  264 (1) (3) b) Criminal Code). After the Prosecutor studied the case, the client faced two cases: one criminal charge of harassing two neighbours, as well as a request for a peace bond filed by two other neighbours  (Section 810 Criminal Code). Not only the client did not admit committing the allegated actions,

Despite having an alcohol rate of over 160mg, a client who was a repeat offender for impaired driving avoided going to prison and extended loss of his license

A client of criminal lawyer Xavier Cormier’s was arrested for impaired driving because the alcohol rate in his blood was over twice the rate (over 160mg) tolerated by Sections 253 B) and 255 (1) of the Criminal Code. This client had already been found guilty of impaired driving in the past. Therefore, he risked incurring a minimum penalty of 30 days in prison because of the repeat offence, as well as loss of his driver’s license for at least 3 years because of the excessive alcohol rate.

A client charged with possession of stolen goods receives a discharge

A client of criminal lawyer Xavier Cormier was charged with possession of stolen goods (Sections 354(1) and 355b)ii) Criminal Code). He was accused more specifically of having in his possession some tools that had been stolen from his employer. The client admitted he was guilty but wished to avoid having a criminal record for personal and occupational reasons.

Possession of stolen goods, as defined by the Criminal Code

Possession of goods obtained by criminal means is an offence provided in Sections 354 and 355 of the Criminal Code. Its definition is having in one’s possession some goods while being aware they were acquired through the commission of a crime. For instance, purchasing some merchandise which has been stolen or acquired through fraud may be considered possession of goods obtained by criminal means.

Charged with sexual assault and threats, he was released on bail


A warrant was issued against a client charged with several serious offences: sexual contact (Section 151 of the Criminal Code), solicitation of sexual contact (Section 152 of the Criminal Code), sexual assault causing bodily injuries and threats of death or bodily injuries (Section 264(1)a)(2)a) of the Criminal Code). The actions subject to charges supposedly took place over a period of about 7 years. The Prosecutor asked the Judge to keep the defendant detained during legal procedures.

A client charged with theft received a 2nd absolute discharge

A client was arrested while exiting a store after stealing over $ 100 worth of goods. She was charged with shoplifting and possession of stolen goods (Section 334 b)ii) of the Criminal Code and 354(1)a) and 355b)ii) of the Criminal Code). This client had already been found guilty of theft about 6 years prior. She had then received a first discharge.

Intimidation, as defined by the Criminal Code

Intimidation is provided as an offence under Section 423 of the Criminal Code. Person shall be guilty of intimidation if with the intention of forcing someone to do or to abstain from doing something without a valid reason, they use violence or threats of violence; damage someone’s property; intimidate that person; persistently follow them; hide objects; stalk or watch the victim.

Client granted an absolute discharge for shoplifting and assault

A client was arrested for shoplifting (Section 334 b)ii) Criminal Code) and for shoving the security guard while exiting the store (assault, under Section 266 b) of the Criminal Code). This client had to avoid having a criminal record because of the nature of his job.


A client avoids going to prison despite a warrant for breach of probation

A client of criminal lawyer Xavier Cormier had two arrest warrants in two different judicial districts: one of the warrants was for breach of probation (Section 733.1 Criminal Code) and the other one was for not showing up to be sentenced in another case. Mr Cormier first requested the client be freed in the case concerning the sentence by providing bail to guarantee the client would return to court.

Breach of probation

Breach of probation is an offence under Section 733.1 of the Criminal Code. There is a breach whenever a person under probation when sentenced fails or refuses to comply to it without a reasonable excuse.

Probation may be imposed on numerous conditions: keeping the peace and good behaviour, not consuming drugs or alcohol, not communicating with a given person, doing community work and other conditions.

What constitutes a reasonable excuse for not abiding with probation?

A client charged with theft and fraud will not have a criminal record

Charges for theft under $ 5,000 (Section 334b) (ii) Criminal Code), use of a stolen credit card (Section 342 (1)c)f) Criminal Code) and fraud under a value of $ 5,000 (Section 380 (1)b)(ii) Criminal Code) had been laid on a client of a criminal lawyer working for Cormier Simard. She had been accused of stealing a credit card and purchasing goods for a value of around $ 500.

The Judge acquits a client charged with harassment

A client of criminal lawyer Veronica Vallelonga was charged with  harassment (Section 264 (3)a) Criminal Code). The plaintiff accused him of phoning him often and making threats against him. Both parties had a conflict over carrying out a contract. The defendant did not agree with the version of the plaintiff, denied harassing him and claimed he simply tried to collect his money.

Driving while disqualified: Definition and sentence

The offence of driving while disqualified is defined in Section 259 of the Criminal Code. A person is guilty of this offence if driving a motor vehicle after a prohibition to do so has been passed by a Judge under the Criminal Code.

Orders prohibiting driving are given for convictions of drunken driving and generally apply for a minimum of one year following the sentence.

A client charged with driving during interdiction avoids a jail term

A client had been arrested by the police in the driver’s seat of his vehicle less than a week after being served an order prohibiting him from operating a motor vehicle for a year after being convicted for drunken driving. When driving while disqualified from doing so, he had drunk alcohol but not beyond the legal limit. Therefore, he was charged with not following the order prohibiting him from operating a motor vehicle under Section 259 (4) b) of the Criminal Code. Criminal lawyer Xavier Cormier was hired by the client to defend him.

How to cancel or modify conditions of release from custody

When persons are arrested for a criminal offence, they may be released from custody by the officer under an order to follow certain conditions. These terms may include not communicating with a certain other person or not carrying firearms. A criminal lawyer may quickly ask the Court to cancel or modify these conditions related to the promise to appear. This is a procedure provided in Section 503 (2.2) of the Criminal Code.

A client was under an arrest warrant for fraud, but the charges are finally dropped

An individual received a call from the police, who notified him that a warrant had been issued against him for not showing up in Court. He had been charged with fraud (Section 380 (1)b)ii) of the Criminal Code) and possession of falsified credit cards (Section 342 (1)c)r)f) of the Criminal Code). He hired criminal lawyer Veronica Vallelonga to get him out of this impasse.

Hit and run and assault: the client is acquitted

Following a parking dispute, an individual was charged with ramming another vehicle and then shoving the other driver during the argument that followed (assault, according to Section 266 b) of the Criminal Code). He was also charged with hit and run for leaving the premises (Section 252(1.1) of the Criminal Code).

A threatening call to 911: he is charged with threats and mischief but avoids getting a criminal record

After a car accident for which he could not manage to find assistance from the police, an individual phoned 911 and threatened to kill someone. The police rushed to the location in order to arrest him. He was charged with making death threats (Section 264.1 (1) a) (2) b) of the Criminal Code) and mischief (Section 430(1) d) (4) b) of the Criminal Code).  He hired criminal lawyer Veronica Vallelonga who works in our law firm to defend him.

Shoplifting

Mr. Xavier Cormier, a criminal lawer, defends clients charged with shoplifting. Shoplifting is theft as defined by Sections 322 and 334 of the Criminal Code of Canada, and can incur a sentence going as far as imprisonment. It is possible to defend oneself against a shoplifting charge in certain situations.

Having committed theft twice during a rough period, he received two discharges

Sometimes, clients going through a rough period of their lives commit a series of thefts, precisely because of their emotional state. These people often do not have any criminal records and had never dreamed of one day beyond at odds with the law. How can a criminal lawyer be of assistance to them?

Restricted License because of Impaired Driving

Here are the main steps to follow before acquiring a restricted license because of a license suspension for impaired driving. A series of administrative measures apply when a person is arrested on charges of impaired driving (impaired driving, refusal to comply with a breathalizer test, driving with an alcohol level above the tolerated limit).

The Definition of Self-Defence

Self-Defence is a means of defence which is spontaneously used by many clients charged with a bodily offence. Therefore, it is up to the criminal lawyer to determine if and how this means can be pleaded in a trial

There are several forms of legitimate defence, that is self-defence, defence of another person or of property. There is a clear definition of legitimate defence in Sections 34 and 35 of the Criminal Code. It is important to refer to the description provided in these sections when assessing a specific case.

Obstructing a peace officer: Definition, sentence and means of defence

The offence of obstructing a police officer is often laid during a police operation, during which an individual attacks the officers verbally or physically, resists arrest or obstructs their work in any way. For instance, obstruction can mean simply not identifying oneself when legally being required to do so or intervening during  a person’s arrest by a police officer.

Acquitted of four charges laid by his wife and sister-in-law

After they had come home from a meal, a fight broke out between a husband on one hand, and his wife and sister-in-law on the other. After seeing a lawyer, the wife decided to lay charges with the police against her husband. She her sister testified during the trial that the defendant

Acquitted of theft because he was denied the right to a lawyer

During a night time patrol, a police officer noticed a suspicious-looking individual wandering with a bicycle and a cut lock. After stopping the man, he questioned him about where he found the bicycle and the lock, and then arrested him for theft and possession of stolen goods.

Withdrawing Complaints

Sometimes, a person who laid a complaint with the police decides to withdraw the complaint.
 
Once the police is involved in the case, the plaintiff is considered a victim and a witness in terms of criminal procedures. The police is in charge of the complaint at this point. Although the plaintiff has no actual right to withdraw the complaint, the police will generally agree to a withdrawal, if it is a minor offence and the withdrawal does not interfere with public order

Public mischief: definition, defence and sentence

Public mischief can mainly be defined as reporting someone to the police accusing them falsely of having committed a criminal offence or claiming a criminal act has been committed while knowing it is not true (Section 140 Criminal Code).

Although charged with gangsterism and fraud, a client avoids going to prison

Following a police operation involving wiretapping and document seizures, a dozen employees and managers of a company were charged with carrying out activities of falsified billing. Charges of gangsterism (Sections 467.11, 467.12 and 467.13 of the Criminal Code), of fraud over $ 5,000 (Section 380(1)a) of the Criminal Code) and production of forged documents (Section 367a) of the Criminal Code) were laid among others.

Summary conviction definition

The main offences covered by the Criminal Code that are less or moderately  grievous are either committed through a criminal act or are offences punishable on summary conviction. The latter procedure can also be called a summary prosecution.

It must be understood that a summary prosecution can entail a criminal record, just as an indictable offence. The differences are rather procedural than material.

An offence that is punishable on summary conviction involves the following distinctions:

The defence of extreme intoxication

Although courts are reluctant to let defendants benefit from a state of intoxication when it is used as evidence for their defence, in limited cases they have nevertheless recognized the defence of extreme intoxication.  Extreme intoxication can be defined as a self-induced intoxication that has reached the point that its effect leads individuals to commit actions over which they no longer have any control:

Although charged with dangerous driving and mischief, he receives a discharge

An individual was arrested by the police after breaking a mail box and then driving away recklessly. He was charged with dangerous driving (Section 249 (1)a) and (2)b) of the Criminal Code) and mischief under $ 5,000 (Section 430 (1) a) and (4)b) Criminal Code). He hired a criminal lawyer from our firm, Mr Luc Simard. The client acknowledged the facts, but wished to avoid having a criminal record, given his situation as a student.

A client charged with false marriage receives a discharge

Pursuant to a broad investigation carried out by the federal authorities, multiple charges had been laid by the Department of Justice against Canadians and immigrants who had contracted false marriages (Section 127 Immigration and Refugee Protection Act). Criminal lawyer  Xavier Cormier represented a Canadian woman who was charged with entering a marriage of convenience with a foreigner so that he could receive Canadian citizenship.

Although charged with soliciting, he is granted an absolute discharge

An individual charged with soliciting the services of a prostitute hired criminal lawyer Luc Simard to defend him (Section 213 Criminal Code). Because of his job and his trips to the US, this client wished to avoid having a criminal record.

Acquittal of a client charged with robbery

An individual charged with robbery was represented by one of our criminal lawyers, Mr Christos Karteris (Section 344 (1) b) Criminal Code). Mr Karteris had a date set for the trial. The victim testified that she got robbed by two persons near a metro station.

A client is acquitted of impaired driving charges because of the illegal arrest

Our criminal law firm was defending a client charged with DUI (Sections 253 1a) b) and 255 Criminal Code). According to the recorded facts, there were few symptoms of alkoholemia at the time when the driver was apprehended by the police. Mr Luc Simard asked the Judge to take the case to court.

A client charged with cannabis production is granted a discharge

The Cormier Simard criminal law firm was defending a client charged with producing cannabis plants (Section 7 Controlled Drugs and Substances Act). The client admitted he was guilty. Mr Xavier Cormier’s intern negotiated with the Prosecutor in order to find a solution to avoid the client having a criminal record.

A client charged with theft receives a second discharge

A client of the Cormier Simard law firm was charged in Laval with shoplifting (Section 334 b) (ii) Criminal Code). She had already received an absolute discharge in the past for a similar charge. The client wished to receive a second discharge because a criminal record would have interfered with her personal life and her career.

The Judge acquits a client on charges of assault with bodily harm

Charges of assault causing bodily harm had been laid against a client of criminal defence lawyer Xavier Cormier (Section 267b) Criminal Code). The plaintiff accused the client of violently pushing her, which resulted in a fracture. The defendant admitted having shoved the plaintiff, but

A client charged with impaired driving gets acquitted

Criminal lawyer Luc Simard was representing a client charged with impaired driving (Section 253 Criminal Code). During the trial, the Prosecutor had two witnesses testify: a police officer and a civilian. These witnesses testified about the symptoms of blood alcohol concentrations they observed in the client on the day of his arrest in his car.

A client already having a criminal record receives an absolute discharge

Christos Karteris, a criminal lawyer working for Cormier Simard, was defending a client charged with possession of 47 grams of cannabis resin (Section 4 Controlled Drugs and Substances Act). This client already had a criminal record for impaired driving.

A client charged with mischief was acquitted

Criminal lawyer Xavier Cormier represented a client charged with mischief under $ 5,000 (Section 430 (1) a) (4) b) of the Criminal Code). This client had no criminal record and wished to avoid having one.

A client charged with a $ 300,000 fraud avoids going to prison


Mr. Xavier Cormier, one of the partners of our criminal law firm, was representing a lady charged with fraud for over $ 300,000 (Section 380 Criminal Code) and producing forged documents (Section 367 and 368 Criminal Code). The client admitted committing this fraud against her employer. This client had many records for fraud and theft.

A client is acquitted of 13 theft charges

A client of Mr.Xavier Cormier was charged with shoplifting in 13 different stores. She pleaded non-guilty.

After the Prosecutor finished presenting his case before the Judge, Mr. Cormier submitted a motion to acquit. The reason invoked by Mr. Cormier to request an acquittal

A client charged with robbery is acquitted

Mr. Christos Karteris, a criminal lawyer of the Cormier Simard firm, was representing a client charged with robbery (Section 344 (1) b) Criminal Code) and conspiracy (Section 465 Criminal Code). This is a serious offence liable to imprisonment for life.

An absolute discharge is granted to a client charged with narcotics trafficking

Mr Christos Karteris, a lawyer with Cormier Simard, was defending a client charged with narcotics trafficking (Section 5 (1) (3) b) ii Controlled Drugs and Substances Act). The client pleaded guilty of the offence. Being a student, the client wished to avoid having a criminal record because of his age, in order not to interfere with the possibility of finding work.

A client charged with sexual assault causing bodily harm avoids going to prison

Charges of sexual assault causing bodily harm had been laid on a client of Mr. Luc Simard (Section 272 (1) c) and (2) b) Criminal Code). The client acknowledged the facts, but wished to avoid a prison sentence.

A client charged with sexual interference and invitation to sexual touching was acquitted.

Defence lawyer Luc Simard represented a client charged with sexual interference (Section 151 Criminal Code) and invitation to sexual touching (Section 152 Criminal Code). The Crown had announced its intention to ask for a long prison sentence in this case.

Sexual contact

Offences involving sexual contact are defined in Sections 151 to 153 of the Criminal Code of Canada. Sexual contact means sexual acts and gestures performed on a minor.

The offence of sexual contact makes it criminal to touch in any sexual way a person of less than 16 years of age (Section 151 Criminal Code), whereas the offence of inciting to sexual contact does not require that any actual contact take place, but only an invitation that a sexual gesture be performed (Section 152 Criminal Code). Finally, Section 153 of the Criminal Code forbids any sexual contact with a person under 18 years of age when the author of the action is in a position of authority over the minor.



Breaking and entering

The definition of breaking and entering can be found under Section 348 of the Criminal Code. What constitutes an offence is not the mere fact of entering an area without an authorization, but rather entering with the intent of committing a criminal act therein or also, entering and indeed committing a criminal act.

A client is acquitted of charges of break and entry

Criminal lawyer Xavier Cormier was representing a client charged with break and entry (Section 348 (1) a) e) Criminal Code of Canada). He was specifically charged with breaking and entering into a building with the intent of committing a criminal offence therein.

A client was acquitted of assault and was allowed to keep his firearms license

A client of the Cormier Simard law firm had been arrested for assault following a marital dispute (Section 266 b) Criminal Code). After the beginning of legal procedures, an application for firearms possession prohibition order was signified to him (Section 111 Criminal Code). The client wished to keep his firearms license in order not to limit his professional future.

Firearm Possession Prohibition | Notice of License Revocation

The Crown has two main recourses when it wishes to prohibit a citizen from possessing firearms: it can present a preventive application prohibiting the possession if firearms before the Court of Quebec (Section 111 Criminal Code), or send a notice of firearm license revocation to the citizen.

Three clients charged with shoplifting are given absolute discharges

Three clients of criminal lawyer Luc Simard had been charged with shoplifting together (Section 334 Criminal Code of Canada). Mr. Simard undertook negotiations with the Prosecutor.

Refusal to comply with a demand


The offence of refusing to comply with a demand (also called a refusal to supply a sample of breath or complying) is provided under Section 254(5) of the Criminal Code.

A person suspected of committing an offence of driving under the influence can receive an order to supply a sample of breath.

A client is acquitted for charges of refusing to comply


A client of criminal lawyer Xavier Cormier was charged with refusing to supply a sample of breath (Section 254(5) Criminal Code). The police reproached him with not providing a valid sample, after several attempts.

Ninety day suspension of driver’s licence | Restricted licence


Can a criminal lawyer help you get your driver’s licence or a restricted licence during the 90 day administrative suspension of your driver’s licence after being arrested for driving under the influence or refusing to comply with a demand?

A client charged with drunken driving gets acquitted


A client of criminal lawyer Xavier Cormier had been charged with DUI (Section 253 Criminal Code of Canada). The police report mentioned her specific emotional state at the time of the arrest. Mr. Cormier negotiated with the Prosecutors several times during this case,

A client charged with care and control of a vehicle while having impaired faculties is acquitted

Criminal lawyer Xavier Cormier represented a client charged with drunken driving. This client was charged with care and control of his vehicle while his faculties were impaired by alcohol and care and control of the vehicle with a level of alcohol that exceeded legal limits. He had spent the night in his vehicle, sleeping in a sleeping bag.

A client charged with careless storage of firearms and possession of a restricted weapon is acquitted

The Cormier Simard criminal law firm was representing a client charged with careless storage of firearms and possession of a restricted weapon (Sections 86 & 91 of the Canadian Criminal Code). While analyzing the police report, Mr. Cormier found weaknesses in the evidence,

Two clients charged with violations of the Immigration Act receive absolute discharges

The Cormier Simard criminal law firm was representing two clients charged with attempting to enter Canada fraudulently in contravention of the Immigration and Refugee Protection Act (Sections 18, 124 and 131 of the Act). Mr. Cormier discussed with the Prosecutor and explained his clients’ situation.

Indecent Acts

An indecent act is an offence under Section 173 of the Canadian Criminal Code. An indecent act is inappropriate behaviour that is not necessarily sexual, but that exceeds the threshold of social tolerance.

A client charged with using a counterfeit document receives an absolute discharge

A client represented by criminal lawyer Xavier Cormier had been charged with using a counterfeit document (Section 368 Criminal Code of Canada). Her status in Canada and her occupation were such that a criminal record would have caused her disproportionate harm.

A client charged with sexual assault and sexual contact gets acquitted.

Lawyer Luc Simard was defending a client charged with sexual assault and sexual contact (Section 151 a) Criminal Code). A minimum sentence of imprisonment would have automatically been imposed on the defendant if he had been found guilty. The procedures in this case, which lasted approximately two years,

A client charged with public mischief is granted an absolute discharge

A client of Mr. Xavier Cormier was charged with committing public mischief (Section 140 (1) c) (2) (a) Criminal Code of Canada). She had to avoid having a criminal record, especially because of her travels to the United States and her job.

A client is acquitted on charges of sexual assault and gross indecency

A client of criminal lawyer Luc Simard was charged with sexual assault, sexual assault with an accomplice and gross indecency. The charges concerned actions that would have been committed over a few years.

A client is acquitted on charges of sexual assault and sexual touching

A client of criminal lawyer Luc Simard was charged with sexual assault (Section 271 (1) a) Criminal Code of Canada), of sexual interference with a child (Section 151 Criminal Code) and invitation to sexual touching (Section 152 Criminal Code). During the trial, the Prosecutor had his witnesses testify.

A client is acquitted of possession of various drugs

Mr. Luc Simard, a criminal lawyer, was representing a client in Court, who was charged with possession of amphetamine, methamphetamine and cannabis (Section 4 Controlled Drugs and Substances Act) and with driving with impaired faculties (Section 253 Criminal Code).

A client charged with cannabis possession is acquitted

A client of criminal lawyer Xavier Cormier was charged with simple possession of a small quantity of cannabis (Section 4 of the Controlled Drugs and Substances Act). Mr. Cormier contacted the Prosecutor to discuss finding a solution.

A client charged with theft over $ 1,000 is acquitted

Criminal defense lawyer Luc Simard defended a client charged with having stolen a sum of money over $ 1,000 (Section 334 Canadian Criminal Code). The charges had been laid against him several years beforehand. Mr. Simard began discussions with the Prosecutor.

Assault charges laid against a client are withdrawn

A client of criminal lawyer Xavier Cormier had been arrested by the police following a 911 call made by his spouse. There were charges laid for assault (Section 266 Canadian Criminal Code) with conjugal violence. The police had the client sign a promise to appear in Court, as well as an order not to contact his spouse.

Assault

Cormier Simard, criminal lawyers, provide individuals with defense if they are charged with assault.

Section 265 of the Criminal Code of Canada defines assault as follows:
(1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

A client charged with assault with a weapon against a police officer receives a discharge

Charges of assault with a weapon against a police officer (Section 270.01 Criminal Code of Canada) were laid against a client of criminal lawyer Xavier Cormier. After analyzing the evidence, Mr.Cormier met with the Prosecutor to discuss the case. The client had to avoid having a criminal record because of her career.

A client charged with shoplifting receives an absolute discharge

Criminal lawyer Xavier Cormier was defending a client charged with shoplifting for a value exceeding $ 800 (Section 334 Criminal Code of Canada). Given her professional status,

A client is acquitted on charges of assault with a weapon and uttering threats

Criminal lawyer Xavier Cormier was defending a client who was charged with having committed assault with a weapon (Section 267 a) Criminal Code of Canada) and having uttered threats (Section 264.1 (1)a) (2)b) Criminal Code) against her spouse. Therefore the charges concerned conjugal violence.

Following her arrest, the police forbade the client from contacting her spouse or other members of his family.

Is sleeping in your vehicle while drunk the same thing as driving under the influence?

This is an issue often debated by criminal lawyers: is a client having found shelter in his vehicle to spend the night, while he was in a state of drunkenness, guilty of an offence of care or control of a vehicle with impaired faculties? The answer is often yes.

However, it does happen that people charged with this are acquitted by the Judge in this type of situation.

Prohibited Weapons

Possession of a weapon may constitute a criminal offence in two different situations: because of the use made of the weapon or also because of the nature of the weapon. This means that certain devices that are not inherently criminal can become so under certain circumstances, whereas other devices are prohibited weapons at any time, no matter what use is made of them (Sections 91 and 92 Criminal Code of Canada).

A client is acquitted on a charge of stealing gas

A client of Mr. Xavier Cormier, a criminal lawyer, had been charged with stealing gas (Section 334 b) (ii) Criminal Code of Canada). Charges had been laid several years before Mr. Cormier became the defence lawyer for this case.

Sexual assault

Cormier Simard law firm defend clients charged with sexual assault.

Sexual assault may be described as sexual assault or contact to which the victim has not consented or for which he/she has not provided valid consent.

A client charged with possession of cannabis receives an absolute discharge

A client of criminal lawyer Xavier Cormier was charged with simple possession of over 200 grams of marijuana (Section 4 (1) (4) b) Controlled Drugs and Substances Act).

Fraud

Xavier Cormier, a lawyer, defends clients charged with fraud.

Fraud is described under Section 380 of the Criminal Code of Canada as being: "Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service".

A client charged with assault is acquitted

A client of criminal lawyer Xavier Cormier was charged with assaulting his spouse (Section 266 b) Criminal Code of Canada). Therefore the charges were related to domestic violence. Following the client’s arrest,

A client charged with assault is acquitted

A client of criminal lawyer Luc Simard had been charged with assault (Section 266 Criminal Code of Canada). These charges were related to conjugal violence. Proceedings had begun four years prior when Mr. Simard was approached to be the defence lawyer in this case.

The Benefits of a Canadian pardon

A Canadian pardon helps individuals with a criminal record remove the limits caused by their criminal past. These limits must be eliminated in order for the individual to live a normal, successful and happy life. Some of the limits that individuals with a criminal record face without a Canadian pardon are:

A client charged with theft and mischief receives an absolute discharge

A client of criminal lawyer Xavier Cormier had been charged with theft for a value not exceeding $ 5,000 (Section 334 Criminal Code of Canada) and doing mischief to property (Section 430 Criminal Code).

A client is acquitted on charges of criminal harassment and assault

A client of criminal lawyer Xavier Cormier was charged with criminal harassment (Section 264 (1) (3) b) Criminal Code of Canada) and assault (Section 266 b) Criminal Code). Mr. Cormier did a follow up on the case

A client is acquitted on a shoplifting charge

A client of criminal lawyer Xavier Cormier had been charged with shoplifting (Section 334 Criminal Code of Canada). The client pleaded not guilty. During the trial, a witness of the Crown

A client charged with obstructing and assaulting a police officer receives an absolute discharge

A client of criminal lawyer Xavier Cormier was charged with assaulting a police officer (Section 270 (1) a) (2) b) Criminal Code of Canada) and obstructing a police officer (Section 129 a) e) Criminal Code). This client might have to travel to the United States for personal and occupational reasons.

A client charged with mischief receives an absolute discharge

A client of criminal lawyer Xavier Cormier had been charged with mischief under $ 5,000 committed on an automobile vehicle (Section 430 (1) a) (4) b) Criminal Code of Canada). A criminal record would have interfered with the career of this client, who was a student.

A client charged with theft receives a discharge

A client of criminal lawyer Luc Simard was charged with theft for a value of $500 (section 334 b) ii) Criminal Code of Canada). Mr Simard discussed the case with the Prosecutor.

A client charged with fraud receives an absolute discharge

A client of criminal lawyer Xavier Cormier was charged with fraud under 5000$ (section 380 Criminal Code of Canada). A criminal record could have resulted in the client losing her job . Mr. Cormier discussed the case with the Prosecutor.

A client charged with impaired driving and dangerous driving is acquitted

A client of criminal lawyer Luc Simard had been charged with impaired driving (Section 253a) and 255(1) Criminal Code of Canada, refusal to take a breathalizer test or provide a blood sample (Section 254 (5) Criminal Code) and dangerous driving (Section 249 (1) a) (2) b) Criminal Code).

A client charged with shoplifting and conspiracy to commit theft receives an absolute discharge

A client of defence attorney Xavier Cormier was charged with shoplifting for a value of $100 (section 334 Criminal Code of Canada) and conspiracy to commit theft. Mr Cormier explain to his client which measures could be taken that could help her case.

A client charged with shoplifting receives an absolute discharge

A client of criminal lawyer Xavier Cormier was charged with shoplifting for a value of $ 400. Mr. Cormier discussed the case with the Prosecutor. The client pleaded guilty to the charge.

A client charged with assault, threats and harassment is acquitted

A client of criminal lawyer Luc Simard had been charged with assault (Section 266 Criminal Code of Canada), threats (Section 264.1 Criminal Code) and criminal harassment (Section 264 Criminal Code). This client was a foreigner dwelling outside the country. He pleaded not guilty to his charges.

A client charged with mischief and threats receives an absolute discharge

A client of criminal lawyer Xavier Cormier was charged with uttering death threats (Section 264.1 (1) a) (2) b) Criminal Code of Canada) and causing damage to a vehicle (Section 430 (1) a) (4) b) Criminal Code). The client pleaded guilty in Court.

Traveling to the United States after having been found guilty of a criminal offence

Some people have to travel to the United States for occupational or personal reasons. Having a criminal record due to a conviction can cause problems at customs when these people try to enter the United States.

A client is acquitted on charges of uttering death threats

A client of criminal lawyer Luc Simard had been charged with death threats (Section 264.1 (1) a) (2) b) Criminal Code of Canada) in a case of domestic violence.

Violations of laws on income tax and income

The Income Tax Act, the Taxation Act, An Act respecting the ministère du Revenu and other taxation legislation provide for penalties and fines in case of violations of their provisions.

The penal violations provided under this legislation are many, whether they consist in omitting to submit a report, falsifying documents or using certain means of tax evasion. The fines are onerous, and sentences may include imprisonment.

A client may keep his firearms and his firearm possession permit

Criminal lawyer Xavier Cormier defended a client who risked losing his right to own firearms. The firearms officer had submitted an application for an order prohibiting this person from possessing any firearms by virtue of Section 111 (1) of the Criminal Code of Canada.

Care or control of a motor vehicle with impaired faculties

The criminal lawyers of the Cormier Simard firm defend individuals charged with care or control of a vehicle while under the influence of alcohol. Care or control of a vehicle while having impaired faculties is an infraction included in the broader impaired driving charge (Section 253 Criminal Code of Canada).

A client charged with reckless driving is acquitted

A client of criminal lawyer Xavier Cormier was charged with reckless driving (Section 249 (1) a) (2) b) Criminal Code of Canada). The client pleaded not guilty to the charge and a trial took place. First, the City Prosecutor had a witness testify in order to prove the client was guilty.

Abduction of a child by either of the parents

Sometimes a criminal lawyer defends a parent charged with abducting his or her own child.

Section 282 of the Criminal Code of Canada provides that abduction of a child under fourteen by the father, the mother or the legal guardian of the child in contravention of a custody order constitutes a criminal offence liable to a maximum sentence of ten years imprisonment.

Firearms

The following are a few of the criminal offences related to firearm possession. There are numerous other criminal offences related to firearms and this text does not cover them all.

Storage

Firearm storage that does not comply with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations

Ornella Saravalli, lawyer in criminal and immigration law

Mrs. Ornella Saravalli is a lawyer in criminal, penal as well as immigration law. She practices in various courts in Quebec, municipal courts and also Youth Court.

A client is acquitted on charges of uttering threats and using a firearm in a careless manner

A client of Mr.Luc Simard was charged with uttering death threats (Section 264.1 Criminal Code of Canada), using a firearm in a careless manner and storing a firearm in a careless manner (Section 86 (1) Criminal Code). The client pleaded not guilty to all these charges.

Charged with shoplifting, a client is granted a discharge

A client of criminal lawyer Luc Simard had been charged with shoplifting (Section 334 of the Criminal Code of Canada). He was a landed immigrant in Canada.

A client charged with driving under the influence avoids going to prison

A client of Xavier Cormier, a criminal lawyer, was charged with driving a vehicle while her driving capacity was impaired by alcohol (Section 253 a) Criminal Code of Canada) and driving a vehicle while her level of alcohol was over 0.08 (Section 253 b) Criminal Code).

Hit and run



Have you been accused or charged with leaving the scene of an accident better known as a “hit-and-run”? If so, you should know your rights and legal obligations. A hit-and-run can turn in to a very serious offence and could place someone in jail. 

Basically, a hit-and-run means you (1) do not stop your vehicle and/or do not give your name and address when you are involved in an automobile accident or you (2) do not provide assistance to an injured person or a person that seems to need help when you are involved in an automobile accident. A criminal lawyer defending an individual charged with committing a hit-and-run must ask several investigative questions.

Death threats

The offence of uttering threats to cause death or inflict bodily injuries is covered by Section 264.1 of the Criminal Code of Canada. This means to express to another person a threat to kill someone or cause them bodily injuries, destroy their property or kill/injure an animal that is their property

It is not essential that the threat be expressed directly to the victim for the crime to be done. Also, it is not necessary that the defendant actually had the intention to carry out the threats for him or her to be found guilty.

A client charged with fraud and possession of a falsified credit card is acquitted

A client of Mr. Xavier Cormier, Criminal Lawyer,, was charged with fraud (Section 380 (1) b) (ii) Criminal Code of Canada) and possession of a falsified credit card (Section 342 (1) c) f) Criminal Code). Mr. Cormier carefully reviewed the police report as well as the court documents. He found an error concerning the date on which information was laid before the Justice of the Peace. This error made it possible for Mr. Cormier to have the charges dropped, and the client was acquitted.

Not all Mr. Cormier’s clients are acquitted. Read the notice.

A client charged with possession of marijuana receives an absolute discharge

A client of Mr.Cormier was charged with simple possession of cannabis(Section 4 (1) (5) of the Controlled Drugs and Substances Act). Mr. Cormier negotiated with the Prosecutor of this case.

Soliciting for purposes of engaging in prostitution

Many people do not realize this, but the act of prostitution per se is not criminal in Canada. It is rather a set of related activities that are (i.e. running a common bawdy-house – Section 210 of the Criminal Code of Canada -, procuring – Section 212 of the Criminal Code – and other offences).

A client charged with driving under the influence of alcohol is acquitted

A client of criminal lawyer Xavier Cormier was charged with driving his vehicle with impaired faculties (Section 253 Criminal Code of Canada). Mr Cormier decided to take the case to trial, since the police report did not contain sufficient evidence of alkoholemia.

Plea bargaining

Plea bargaining is a common practice in Quebec penal judicial system.

Here is an exemple of plea bargaining:

A client of Xavier Cormier was charged with assault causing bodily harm (Section 267b) Criminal Code of Canada), assault with a weapon (Section 267b) Criminal Code), mischief exceeding $ 5,000 (Section 430(1)a)(3)a) Criminal Code) and possession of a weapon for the purpose of committing an offence (Section 88(2)a) Criminal Code).

A client charged with domestic violence is acquitted, and a client charged with shoplifting receives a discharge

A client of Mr.Xavier Cormier had been charged with assault (Section 266 b) Criminal Code), death threats (Section 264.1 (1) a) (2) b) Criminal Code) and harassing telephone calls (Section 372(3) Criminal Code) in a case of domestic violence. Mr. Cormier gave the client counsel concerning respect for court commitments and procedures to follow.

Shoplifting: how long do procedures last?

The length of procedures for charges of shoplifting in the Montreal Muncipal Court can vary. The following are some of the steps individuals charged with shoplifting have to go through:

1) The police gives or mails the person a document summoning them to fingerprinting and a Court date. Fingerprinting and the appearance in Court should take place no later than a few weeks following arrest for shoplifting.

A client is acquitted on fraud charges and receives a discharge for charges of falsified credit card possession

A client of Mr. Xavier Cormier was charged on two accounts of fraud (Section 380, 463 d) ii) and 465 (1) (d) Criminal Code of Canada) and one account of falsified credit card possession (Section 342 (1) c) ii) f) Criminal Code). The evidence concerning fraud was not conclusive.

Mischief

A person commits the offence of mischief when he or she wilfully destroys or damages property, renders property dangerous, useless, inoperative or ineffective or obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property.

Criminal Harassment

Xavier Cormier, a criminal defense lawyer, defends clients charged with criminal harassment and harassing phone calls.

Criminal harassment is a criminal offence provided under Section 264 of the Criminal Code of Canada. The essential elements of criminal harassment are as follows: repeatedly following from place to place the other person or anyone known to them;

Stores claiming money from individuals arrested for shoplifting

Clients charged with shoplifting may face another problem than criminal justice: sometimes they receive from the merchant a claim for damages requiring them to pay a sum of money.

Reckless Driving

The definition of a reckless driving offence is provided under Section 249 of the Criminal Code of Canada. In cases involving a motor vehicle, the offence means driving in a manner that is dangerous for the public, given circumstances, including the nature and state of the location, the use of the vehicle as well as the intensity of traffic at the time or reasonably foreseeable in the location.

Child pornography

Criminal lawyers defend clients charged with child pornography crimes (possession, distribution, production of and access to child pornography.

Child pornography crimes are covered by Section 163.1 of the Criminal Code of Canada, and all involve a minimum prison sentence. The definition of what is child pornography is also found under Section 163.1 of the Criminal Code.

A client of Mr. Cormier is acquitted on charges of uttering death threats

A client of Mr. Cormier, a criminal defense lawyer, had been charged by a lady of uttering threats to inflict death or bodily harm on her contrary to Section 264.1 of the Criminal Code of Canada. A criminal record could interfere with carrying out certain projects.

Therapy and its impact on the sentence imposed on a sex offender

It may happen that a client charged with a sexual offence, such as sexual assault, sexual contact or possession of child pornography, acknowledges having committed the actions for which he is charged.

Immigration and criminality: the impact of a criminal record for foreigners or permanent residents

Certain clients of Xavier Cormier, a criminal defense lawyer, are foreign citizens. Some of them are permanent residents waiting for their Canadian citizenship, while others are foreign students or refugee claimants.

A client of Mr. Simard is acquitted on charges of indecent act

Mr.Simard, a lawyer and colleague of Mr. Cormier, was defending a client charged with indecent act. Indecent act is an offence covered by Section 173 of the Criminal Code of Canada and is liable of a maximum sentence of 6 months imprisonment.

The alkoholemia expert in cases of driving under the influence

Criminal defense lawyers can resort to expert chemists / experts in alkoholemia when defending clients charged with driving under the influence.

What is the purpose of an expert in alkoholemia?

Domestic violence

Xavier Cormier, a lawyer, represents clients charged with domestic violence.

There is no offence called “domestic violence” per se provided in the Criminal Code. Cases of domestic violence are in fact various charges, such as assault, forcible confinement, threats, stalking, dangerous driving or others, in which there is or was a conjugal or sentimental type of relationship between the plaintiff and the defendant.

Production, possession of and trafficking narcotics and drugs

Mr. Xavier Cormier, a lawyer, defends individuals charged with production, possession of and trafficking drugs and narcotics.

The terms “drugs” and “narcotics” are synonymous in nature.

A client of Mr. Cormier is acquitted on charges of assault

A client of Mr. Xavier Cormier, a criminal lawyer, was charged with domestic violence by his spouse. The Crown therefore laid charges of assault against him. An order forbade the client from then on to show up at his residence or to contact his spouse in any way.

Driving under the influence of alcohol (DUI)

Xavier Cormier, a lawyer, defends clients charged with driving under the influence (DUI) (See Section 253 of the Criminal Code of Canada, 253(a), 253(b) and the following). The main offences of impaired driving are: driving a vehicle with impaired faculties, driving a vehicle with a rate of alcohol beyond 80 milligrams of alcohol per 100 millilitres of blood, and care or control of a vehicle with impaired faculties or with a rate of alcohol over the tolerated limit.

The prosecution’s obligation to disclose evidence

A person charged with committing a criminal offence has the right to know the evidence held by the Crown. This applies to all criminal charges, for example assault, shoplifting, sexual assault, impaired driving, etc.

Can the state of health of a defendant have an impact on the sentence passed by the Court?

Answer: yes it can.

The principle of individualization of the sentence means the Court can take into account the illness of an individual convicted of an offence when the time comes to impose a sentence.

A client of Mr. Cormier is acquitted of charges of assault and forcible confinement

A client of Mr. Xavier Cormier had been charged with assault and forcible confinement against the person of his spouse. The charges were laid under Sections 266 and 279 (2) of the Criminal Code of Canada.

Care and control of a vehicle with one’s faculties impaired by alcohol or a drug: jurisprudence

In the Mallery case, the Court of Appeal of New Brunswick expressed the opinion that danger is an essential element in the offence of care and control.

The defendant had left the headlights of his vehicle turned on while he was drinking alcohol in a bar. He returned to his vehicle and started the engine to check if the batteries were dead.

A client of Xavier Cormier is acquitted on charges of possession of a prohibited weapon

A client of Mr.Xavier Cormier was charge with possession of brass knuckles. Brass knuckles are a prohibited weapon, possession of which is forbidden under Section 91 of the Criminal Code of Canada. Mr. Cormier’s client lived in another province.

Is it a criminal offence to encourage someone to commit a crime, if this crime is finally not committed?

One judgment of the Superior Court says it is.

The defendant had asked a work colleague to bring another colleague to a specific place, so that he could kill the person. The colleague went to the place where they were supposed to meet, but didn’t bring along with her the person who was supposed to get killed by the defendant.

An arrest warrant issued against the client of Mr. Xavier Cormier is cancelled by the judge

A defendant did not appear in Municipal Court on the day of his trial. He was charged with armed assault on a person. Because he was absent from court, the judge issued an arrest warrant against him.

A client charged with theft is granted an absolute discharge

One client of Mr.Xavier Cormier was charged with committing a theft. A criminal record was to be avoided because of various personal and professional reasons.

Mr. Cormier undertook negotiations with the prosecutor.

Right to silence

Post coming soon. Please contact Xavier Cormier for information on Right to silence

Recognizance to keep the peace for a sexual violation

Section 810.1 of the Criminal Code of Canada provides that a judge may pass an order imposing certain conditions on a person lest that person commits a sexual offence (for example, sexual assault or sexual contact) against a person of less than 16 years old.

A client charged with theft receives an absolute discharge

One client of Mr.Xavier Cormier was charged with shoplifting. The client is a foreigner awaiting a decision from the immigration authorities in view of acquiring Canadian citizenship. The client admitted having committed the theft (guilty plea).

A client is acquitted on a charge of uttering death threats or threats of causing bodily injury

A client of Mr. Cormier, a criminal defense lawyer, was charged with uttering death threats to a work colleague. The charge was based on Section 264.1 of the Criminal Code. During the trial, the plaintiff testified before the judge and repeated the threats of which he claimed to be a victim.

Driving impaired and refusing to provide a sample: recent jurisprudence

Mr.Xavier Cormier is a criminal defense lawyer practising law in Montreal.

Here is a summary of a recent judgment passed by the Court (Mr. Cormier was not involved in this case), proving that sometimes, evidence of impaired faculties due to alcohol consumption may lead to an individual being convicted of one charge but may lead to this individual’s acquittal on another charge.

Example of a case defended by Mr. Xavier Cormier: attempted murder

Mr. Xavier Cormier was a Crown prosecutor before being a defense attorney.

He defended a case of attempted murder in the Quebec Court of Appeals. The facts in this case were peculiar: the defendant had spit blood contaminated with HIV towards two prison guards.

Example of a case defended by Mr. Xavier Cormier: possession of narcotics

A client of Xavier Cormier, the criminal defense lawyer, was charged with possession of narcotics,cannabis.

The client already had a history of similar issues, for which he had been convicted to pay a fine.

Application for a pardon

A pardon makes it possible for persons who have one to have their criminal records kept separate from other legal records. This vastly decreases the public character of the conviction and limits access to the criminal record.

Criminal defense lawyer | Defense attorney | Montreal

Mr. Xavier Cormier is a criminal defense lawyer / defense attorney practising exclusively criminal law (Montreal, Laval, Longueuil and the surroundings).

Exactly what is a criminal defense lawyer?

First and foremost, a criminal defense lawyer / defense attorney is a lawyer who is a member of the Bar, like any other lawyer.

An absolute discharge, the best sentence for a defendant found guilty

An absolute discharge is the best sentence for a person found guilty of having committed a violation of the Criminal Code of Canada. The defendant benefiting from this measure provided under Section 730 of the Criminal Code,

What is a peace bond?

A peace bond is an order that a judge may pass under Section 810 of the Criminal Code of Canada, forcing a person to follow certain conditions for a year. This order is often used to settle criminal charges, when there is a kind of conjugal or neighbourhood relationship between the parties.

What is dejudicializing?

Dejudicializing, also known as measures to deal with offenses non-judicially, is a political or administrative guideline avoiding the recourse to courts, the police or the penitentiary system as much as possible.

A client charged with sexual assault is freed of his charges

Mr. Xavier Cormier, a criminal defense lawyer, solved a case of sexual assault.

The sexual assault charge was laid under Section 271 of the Criminal Code. Mr. Cormier, being aware that certain items of evidence were not available to the prosecuting lawyer, undertook negotiations with him.

One example of a case represented by Mr. Cormier: a taxi driver wants to keep his licence

Mr. Xavier Cormier, a criminal defense lawyer, received a request for help from a lawyer colleague who could not manage to find a solution for a taxi driver who was risking losing his driver’s licence three days later.

Links

Web Site of Xavier Cormier
Barreau du Quebec
Canadian Pardons
Controlled Drugs and Substances Act
Criminal Code of Canada
Criminal Proceedings
Criminal Law
Dejudicializing
Highway Safety Code
Immigration and Refugee Protection Act
Pardon
Peace Bond
Sentencing
Storage, Display, Transportation and Handling of Firearms by Individuals Regulations

W3 Directory - the World Wide Web Directory
Canadian Directory

Notice

Each case is unique. The verdict or the sentence depends on the specifics of the case. The postings in this web site cannot be used as a legal opinion or to assume that a similar case would have an identical outcome. If you get arrested, call a lawyer!

Not all clients of the Cormier Simard criminal law firm are acquitted. They are not all discharged. Several clients plead guilty or are found guilty by the Court, and therefore are sentenced in accordance with the specific facts of their case.

Contact one of our lawyers, who will assess your case and inform you on the strategy we will use as a defence.