Frequently Asked Questions
Tyler MacDonald may represent certain clients through a Legal Aid Ontario retainer, depending on the circumstances of the case. Contact the office to determine whether this is possible for a particular case. You should know that it is not the law in Canada that you have a right to be represented by a lawyer to defend against a criminal charge. Legal Aid Ontario sets its own criteria for whether you are eligible for assistance.
The allegations and circumstances of every case are different. For each client, a customized approach must be taken to reach the best possible result. The retainer fee will depend on the complexity of each case and the circumstances and objectives of each client. A free consultation with Tyler MacDonald is the best step toward determining the appropriate retainer fee for your case.
Mr. MacDonald provides represenation against all charges under the Criminal Code of Canada and the Controlled Drugs and Substances Act. These Acts contain the most serious offences for which a person may be prosecuted in Canada, and result in the most severe sentences and penalties if a person is found guilty. Findings of guilt under these Acts will result in a criminal record if you are sentenced to anything other than a discharge (the lightest possible sentence).
You, or a young person you know, may fall under the Youth Criminal Justice Act when you are charged. The criminal charges in this case still come from the Criminal Code of Canada or the Controlled Drugs and Substances Act, but the Youth Criminal Justice Act applies special rules and procedures when dealing with people who were under the age of eighteen. The Crown must still prove the charges in the same way it would have to prove the charges against an adult. The potential sentences, however, are much different, and the adult penalites generally do not apply. Proceedings under the YCJA are also different when it comes to bail, and different legal tests apply.
You may also be charged with offences under a wide array of provincial and federal Acts. These include the Highway Traffic Act, the Income Tax Act, the Immigration and Refugee Protection Act, and the Compulsory Automobile Insurance Act. While being found guilty of some offences under these Acts may not result in a criminal record, sentences of imprisonment, severe fines, seizures of property, and other crippling penalties may be ordered or imposed. Prosecutions of these charges can lead to trials which look much like criminal trials, but the standard of proof that the Crown must meet and the procedures for establishing that proof can be much different than when trying to prove a criminal charge. Some charges under these acts actually put the onus on you, the accused, to positively prove some element in order to avoid being found guilty.
Mr. MacDonald defends against all charges -- period.