Recent Cases

I recently represented a father charged with several allegations of assault against his children. The children included his biological child and step-children. Family law matters were proceeding at the same time as the allegations of criminal abuse. In this case, the children reported that their discipline was excessive and caused them fear. My client was charged with simple assault and assault with a weapon against all three children. My client denied these allegations. When family law proceedings occur parallel to criminal law proceedings it is critical that your criminal defence lawyer be privy to the family law filings. My client denied this abuse and explained his version of what happened to me. We set the matter for trial.

Parental discipline was a consideration in this case. The Criminal Code contains a defence for parents, teachers and guardians when disciplining a child. Section 43 of the Code, allows for parents and teachers to use reasonable force on a child. However, the scope of this section has been interpreted by the Supreme Court of Canada and restricts the use of force in parental discipline cases against teenagers or children under the age of two. This section also does not allow this defence, if objects are used in the parental use of force.

In this case, no one wanted to put three children on the stand to testify so eventually through hard work on the part of my client and myself, a peace bond resolution was eventually offered and accepted.

A peace bond is a court order which requires a person to comply with a set of conditions. This court order is essentially a tool used to prevent an individual from engaging in behaviour or activity that may pose a breach of the peace or a threat to an individual. There are multiple types of peace bonds. There are two distinct legal tests that must be met for the specific type of peace bond.

This case demonstrates the importance of creating a case or defence plan and outlining the impact of each piece of anticipated evidence. Once this work is done, the next step is building the defence theory and then weaving the argument into the theory. This work often helps in the negotiation as it gives your lawyer clarity and leverage.

If you have been charged with a violent offence such as an assault, contact the skilled and experienced lawyers at Wyman & Williamson Criminal Barristers today.