Wiebe Criminal Defence

The Criminal Code does not contain an offence specific to domestic violence. However, there are various sections in the Code that can be used to prosecute instances of domestic assault. These include, for example, sections 265–268 (assault), sections 271–273 (sexual assault), sections 151, 152, 153, 155 and 170 (sexual offences against children and youth), etc.

Domestic assault is an act of assault or threat of violence that occurs within the confines of a familial or intimate relationship.  It can be, inflicted by spouses, common-law partners, domestic partners, girlfriends, boyfriends, and family members (such as parents and children). This type of assault can manifest in various forms, including physical, emotional, financial, and psychological harm. It can range from simple assault to more severe cases involving aggravated assault, sexual abuse, and in extreme cases, severe bodily harm or death. 

At Wiebe Criminal Defence, we understand the emotional toll and potential legal ramifications of domestic assault charges. We handle the complexities and gravity of these charges with thoroughness and sensitivity. Recognizing the unique dynamics in such cases, we provide our clients with a nuanced and robust defence that addresses the specific circumstances of each situation. We will fight vigorously to protect your legal rights throughout the judicial process.

Impaired driving involves operating a motorized vehicle while your ability to drive is compromised by alcohol, drugs, or both. This definition extends beyond just cars and trucks, encompassing the operation of boats, aircraft, snowmobiles, and even trains and heavy machinery under the influence. The consequences of impaired driving are severe, posing significant risks not only to the safety of the driver but also to the public. 

Impaired driving charges carry serious consequences. At Wiebe Criminal Defence, we stress the importance of understanding the broad implications of impaired driving charges. Our dedicated defence team provides clear, straightforward counsel to help clients navigate the complexities of these charges. With a focus on thorough defence strategies and protecting your driver's license, we are committed to achieving the most suitable possible outcomes. 

A charge of drug possession is a serious offence that falls under the Controlled Drugs and Substances Act (CDSA) rather than the Criminal Code of Canada. Possession under the CDSA is broad and includes:

• Direct possession: Having the illegal substance on your person, whether intended for personal use, distribution, sale, or other purposes.

• Indirect possession: Having the substance in a place you own, rent, or control.

• Constructive possession: Knowing about the illegal substance and having the ability to control it (even if it's not in your immediate physical possession). 

It's clear from the above that actual physical possession is not always necessary for charges to be laid. The key elements that are required are knowledge and control. 

Have you been charged with drug possession and are not sure what to do? At Wiebe Criminal Defence, we help you navigate the intricacies of drug possession laws and the consequences associated with these charges. We meticulously examine every aspect of your case, from challenging illegal searches to highlighting potential rehabilitation options.. Our tailored defence strategies ensure your rights are protected.

The Canadian Criminal Code includes two distinct types of homicide: culpable homicide (murder) and non-culpable homicide (which is not a Criminal Code offence). Culpable homicide is broadly defined as causing the death of another person, directly or indirectly. Culpable homicide is then further categorized as murder (i.e. first- and second-degree murder), manslaughter, or criminal negligence causing death. Murder charges are among the most serious criminal allegations. 

The key differences between first- and second-degree murder and manslaughter are the level of intent and planning involved in the killing. First-degree murder is defined as a premeditated and deliberate act intended to cause death. Second-degree murder, while also intentional, lacks the element of preplanning and deliberation but is committed with an understanding that death could result. Manslaughter involves causing death without the intent to kill, typically under circumstances of recklessness or criminal negligence.

At Wiebe Criminal Defence, we understand the severity of homicide charges. approach these grave charges with the utmost seriousness and precision. Our legal team meticulously delineates the distinctions between these types of homicide, ensuring that our clients fully understand the charges they face and the potential consequences.

The principles guiding bail hearings are rooted in the Canadian Charter of Rights and Freedoms, which recognizes the right to liberty and the presumption of innocence until proven guilty. Bail hearings play a vital role in ensuring the rights of accused individuals while maintaining public safety and confidence in the administration of justice. 

These hearings represent a critical early stage in the criminal justice process, where a court determines whether an accused person should be released from custody while awaiting trial, with or without conditions, or detained until their trial.. Whether you’re granted bail or not can significantly impact your ability to prepare a defence.

Facing criminal charges can be overwhelming, especially the prospect of pretrial detention. At Wiebe Criminal Defence, we appreciate the importance of these hearings.  We meticulously prepare our clients for their bail hearing, maximizing their chances of returning home to their families and jobs while awaiting trial. Because we understand the criteria judges consider during bail hearings—such as the nature of the alleged crime, the defendant's criminal history, and community ties—we can effectively argue for favourable conditions of release.