Criminal Lawyers

A criminal lawyer is a legal professional who specializes in defending individuals and companies accused of criminal activity, as outlined in the Criminal Code. These lawyers have spent years learning the intricate details of proper legal procedure and are skilled at identifying any weaknesses in the prosecution's evidence. They also understand the obligations and responsibilities of the police and are able to recognize when an individual's rights under the Canadian Charter of Rights and Freedoms have been violated. In cases of infringement, a criminal lawyer may be able to ask the court to stay the proceedings or to exclude the illegally obtained evidence.

Criminal defence lawyers also have access to a variety of resources, including experts who can provide valuable insights on complex legal issues.

Further Reading: The Public Responsibilities of Lawyers, 1983 CanLIIDocs 104

When searching for lawyers, it is helpful to understand the acronyms attached to their names as they signify different qualifications and expertise. Here are some common designations you might come across:

• LL.B/J.D (Bachelor of Laws/Juris Doctor) These designations represent the basic law degree that lawyers require before practising law in Canada. It is earned after three years of study.
• LL.D (Doctor of Laws) The title of LL.D is granted in recognition of outstanding achievements in the legal profession, the rule of law or the cause of justice.  
• LL.M (Master of Laws) This designation shows the lawyer has completed advanced legal education beyond the standard law degree. It and the LL.M  are honorary titles awarded by provincial law societies or universities.
• C.Med (Certified Mediator) Certified mediators help resolve disputes through negotiation and mediation, helping parties reach mutually acceptable agreements outside of court, often through alternative dispute resolution.
• C.Arb (Certified Arbitrator) Lawyers with this designation preside over arbitration proceedings, a form of dispute resolution similar to a simplified court process.
• QC/KC (Queen's Counsel/King's Counsel) These honorary titles are awarded by provincial governments to signify outstanding legal expertise. Some people question the partisan nature of how they are bestowed. In Ontario, for example, 91 KC designations were given out in 2023 by the attorney general with the list of recipients including cabinet ministers – such as Caroline Mulroney who was only called to the bar three days earlier – and senior staff in the attorney general’s office.

The money you spend on a criminal lawyer is likely to be a worthwhile investment. These professionals have spent years studying and practicing law in order to develop the skills and knowledge necessary to defend you during your trial. While it may seem expensive to retain a lawyer, it is important to consider the potential costs of a conviction, including lost income and the strain it can put on your personal life. Working with a criminal lawyer can significantly reduce the chances of a conviction, which can help to preserve your personal and professional relationships.

It is common for people to form their understanding of the legal system based on what they see on television or streaming services. However, it is important to remember that criminal legal cases can be more complex and that Canadian courts operate differently than those depicted in American media. A defence lawyer is familiar with the inner workings of the court and the criminal justice process and knows the specific rules and procedures that must be followed, including how evidence is presented and what questions witnesses may be asked. This knowledge and experience can be crucial in helping you navigate your specific case.

When working on a case, lawyers begin by reviewing the evidence the Crown has provided in the disclosureRelevant, non-privileged case information the Crown must provide to the defence. process. They also listen to your account of the events that led to the charges being brought against you. Using their trial experience, they can then suggest the most effective way to present your case and adapt to any new developments.

A criminal conviction will impact your life in serious ways. It will affect your chances of finding employment or being approved for rental housing. You could be limited when trying to obtain financing or a professional licence. You may be unable to cross the U.S. border, and some foreign countries may also refuse entry, though entry decisions are made by each destination country and vary widely. Adopting a child can also become significantly more difficult with a criminal record. A record suspension (sometimes called a pardon) under the Criminal Records Act may help restore your eligibility once enough time has passed: generally five years after completing a sentence for a summary convictionLess-serious criminal offences offence, or ten years for an indictable offenceA more serious type of Canadian criminal offence.. Provincial adoption agencies each apply their own rules, so outcomes vary. Another severe impact can be on your relationships with family and friends. They may not want to associate with you, and your ties to them could be strained.

There are no guarantees. The outcome of a case depends on the evidence and how effectively the opposing counsel is able to find weaknesses in what was presented. However, hiring a defence lawyer can improve your chances at trial. Even if a conviction does occur, a lawyer may be able to recommend alternative sentences to the court, such as house arrest, community service, diversion programs, or rehabilitation programs.