Criminal Law

Criminal law cases are those in which a person or a business has been charged with a criminal offence. Charges are usually laid by the police, not by complainants. The Crown Attorney prosecutes cases under the Criminal Code of Canada. Charges laid under other federal statutes are prosecuted by a Federal Prosecutor. Rosalind Conway worked for over two years as an Assistant Crown Attorney in Ottawa, which helps her understand how the prosecution will approach your case. Rosalind Conway, C.S., defends all criminal matters.

Young Offender / Youth Criminal Justice Act

Children between the ages of 12 and 17 may be charged under the Youth Criminal Justice Act. Rosalind Conway, a Certified Specialist, can help your child, and will explain the procedures. Some young people will be diverted from the system through Extrajudicial Sanctions.

First Appearance

The first appearance in Criminal Court or in Youth Court is not a trial date. At this early date, one asks for a copy of the Crown's file, called "disclosure", and the "First Appearance Package". If Rosalind Conway is hired to represent you, she will attend the first appearance on your behalf.

Disclosure

This includes witness statements, police reports, as well as any alleged prior record. Disclosure is sent electronically to lawyers now. We review these materials and request additional disclosure to try to obtain the fullest possible information, so that we can defend you effectively. Disclosure can be reviewed in our office.

Counsel Pre-Trial

A meeting with the prosecutor to see if a case can be settled or the issues narrowed.

Judicial Pre-Trial

A meeting with the prosecutor and a judge, to see if a case can be settled or the issues narrowed. The judge usually tells the lawyers his or her opinion of the case, and if it is not settled, he or she will estimate time needed for trial or preliminary hearing (a hearing prior to trial in serious cases).

Diversion

Minor adult criminal cases may be diverted from the regular system through such programmes as Direct Accountability, Mental Health Court, the Indigenous Persons court, and Drug Treatment Court. When a child is diverted, it is often done through the Extrajudicial Sanctions programmes.

Retainer

The fee that you pay your lawyer. We accept private retainers, but we work equally hard on our legal aid matters. You may be able to apply for a Legal Aid Certificate to cover your lawyer's fees. Applications can be made through 1 (800) 668-8258.

Communication

Good communication between client and counsel is essential. If we accept your case, we answer your questions as thoroughly and promptly as possible. We want you to be informed. Make sure we have all of your current contact information, including all telephone numbers and your email address.

Already have a lawyer, and feel that he or she is not communicating with you about your case? Call your lawyer to discuss your concerns and clear up any misunderstandings.