He received a discharge despite multiple charges of conjugal violence

In the Montreal district, a man was facing seven conjugal violence charges in four different cases. The defendant and the plaintiff were in the process of separating and were fighting over the division of their assets as well as custody of their two young children. One first issue had been resolved as an acquittal in exchange for a commitment to keep the peace. A second conflict occurred while their residence

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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

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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. Reckless driving

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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.What are the possible defenses to charges of child pornography? The criminal defense lawyer has to

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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.What are the consequences of a criminal conviction for these people? What would be the impact of a criminal record on their residence permit or their citizenship application?This issue, which relates both to criminal and immigration law, is partly resolved

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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. On the day set for the trial, the prosecutor undertook discussions with Mr. Simard, because certain factors in her evidence were not available. Mr. Simard shared with her

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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. The specific character of these cases means they

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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. The offences of producing, possessing and trafficking narcotics are distinct because of their subject-matter and the sentences related to them. Many forbidden substances are mentioned in the Controlled Drugs and Substances Act apart from the most widely known drugs such as marijuana (cannabis) or

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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.Mr.Cormier undertook discussions with the prosecutor. The plaintiff was seen by a social worker. As of the second hearing in Court, the order

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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

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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. He had been summoned to appear in Court in Montreal at a date that was soon, and it would have been very difficult for him to appear at the scheduled date.

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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.The defendant hired Mr. Xavier Cormier, a criminal defense lawyer, in order to find a solution to this problem. Mr.Cormier appeared before a judge along with his client in order to explain the reasons

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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. A peace bond is sometimes an advantageous solution for the individual charged with a criminal offence, because it

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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.When an individual is charged with committing an offence of relatively lesser gravity, the prosecutor may prefer dejudicializing the offence. He will only make this decision if there is sufficient evidence to prove the offence was committed. The individual who

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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. The charges laid against the client were dropped on condition that the client follow certain terms for a year. As a result of this agreement,

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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. Sexual assault is an offence that can involve a sentence of up to ten years of imprisonment according to Section 271 of the Criminal Code of Canada, unless the plaintiff chooses summary prosecution. The Criminal

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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".The fraudulent means can

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According to an agreement, the driver’s license was cancelled for two years instead of four

In the Montreal district, a motorcycle operator was charged with driving dangerously for the public, under Section 249(1)a) (2)b) of the Criminal Code and not stopping his vehicle while being chased by a police officer in order to escape, under Section 249.1 (1) (2) b) of the Criminal Code. Using radar supervision on the side of the highway, a police officer aboard a motorcycle had read the motorcyle rider and

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A director avoid a criminal record after being found guilty of fraud over 5000$

A person holding an important position within a non-profit organization was charged with counterfeiting documents, that is falsified expense accounts, which falls under Section 367b) of the Criminal Code, using these documents as though they were genuine, falling under Section 368(1)a)c) of the Criminal Code, and thereby defrauding the employer for a sum of nearly $ 10,000, which is an offence under Section 380(1)a) of the Criminal Code. This person

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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 and had numerous discussions with the Prosecutor. He and the Prosecutor finally agreed that the charges would be dropped, if the client signed a one year peace bond. Therefore, Mr. Cormier’s client was

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