KLG Barristers and Solicitors specializes in family and criminal law. Our team of skilled and experienced lawyers is committed to providing the highest level of legal advice and representation to our clients. All of our services are also provided in Farsi, Bulgarian, Hindi, Punjabi and Urdu.
In family law, KLG is skilled in managing complicated divorces, custody disputes, spousal support, and asset division. We recognize the sensitivity of family law issues and strive to protect our clients' rights and best interests tirelessly.
We've successfully defended clients against all sorts of charges, from small infractions to big crimes. Our lawyers know the criminal process inside out and fight hard for their clients, making sure they get a fair trial.
Frequently Asked Questions
How can I file for divorce and what is the process?
In Canada, a requirement for filing a divorce is that either you or your spouse must have resided in a Canadian province or territory for at least one year. Select a legitimate reason for divorce, such as adultery, cruelty, or the more common, a year-long separation. Compile and submit the Application for Divorce in the suitable court, outlining your divorce request, the reasons behind it, and any child custody and support arrangements if relevant. Subsequently, deliver a copy of the application to your spouse, then await their response, which may be an agreement or dispute. If the divorce is uncontested, or no response is provided, additional documents like an Affidavit for Divorce and a Divorce Order should be submitted to finalize the divorce. If the divorce is contested, you may need to engage in mediation or a trial. Upon judicial agreement, a Divorce Order is issued. Following a 31-day appeal period, the divorce becomes finalized, and a Certificate of Divorce can be procured. It is crucial to consult with a legal professional in your province or territory to comprehend the specifics of this process.
How is child custody determined?
Child custody is determined by the "best interests of the child" principle. This principle takes into account aspects such as the child's physical, emotional, and mental health, the child's own views and preferences (given they are old enough to reasonably express them), relationships with each parent and others like siblings, each parent's capability to cater to the child's needs, the proposed parenting plans, the stability of each parent's home, and any history of family violence or abuse. The court can decide on various custody arrangements, such as sole, joint, or shared custody, depending on these factors. Every case is unique and is evaluated based on its individual circumstances.
What factors are considered for determining child support?
Child support is dictated by either federal or provincial guidelines based on the parents' circumstances. The main factors considered include the non-custodial parent's income, the number of children, and the custody arrangement. The guidelines are in place to establish a fair level of support and ensure children continue to benefit from both parents' financial means post-separation. Additional factors influencing child support could be the child's specific needs such as healthcare or educational expenses, the standard of living the child was accustomed to before the separation, and occasionally, the custodial parent's income. The court holds the right to diverge from the guidelines if it's in the child's best interest.
How does property division work in a divorce?
During a divorce, property division generally adheres to the principle of equal distribution of 'matrimonial property'. This includes assets gained during the marriage, the matrimonial home, and increased value of property owned by one spouse before the marriage. However, each spouse typically retains 'separate property', including gifts or inheritances received during the marriage, or property owned prior to the marriage, unless it was used for the family's benefit. Debt accrued during the marriage is also typically divided. Some provinces may have variations, and exceptions are present, especially when equal division would be unfair. This is determined by considering factors like the length of the marriage, a spouse's contribution to the other's career, and the economic consequences of the marriage ending. It's essential to consult with a qualified legal professional in your province to understand the specifics of the process.
What are my rights if I'm accused of a crime?
If you're charged with a crime in Canada, several rights are afforded to you under the law, many outlined in the Canadian Charter of Rights and Freedoms. These include the right to remain silent, implying you're not required to disclose any self-incriminating information. You have the right to legal representation, and if you can't afford one, legal aid services may be available. You're entitled to a fair and expedient trial, safeguarding you against unjust delays. Additionally, you're protected from unreasonable search and seizure, typically necessitating a warrant or justified reason for law enforcement to search your property. Significantly, you're presumed innocent until proven guilty, with the responsibility of proof lying on the prosecution.
How does the criminal justice process work?
In Canada, the criminal justice process begins with the investigation of a potential crime, often by law enforcement agencies. If sufficient evidence is found, the police may arrest and charge the suspect. The accused has the right to remain silent during the arrest and may request legal counsel. After the arrest, the accused may be released pending a court hearing or held in custody. A bail hearing will determine whether the accused can be released and under what conditions. The Crown prosecutor then reviews the evidence and decides whether to proceed with the case. If the case proceeds, a plea (guilty or not guilty) is entered during the arraignment. If a not guilty plea is entered, the case moves to trial, during which the prosecution must prove beyond a reasonable doubt that the accused committed the crime. If found guilty, the judge will determine the appropriate sentence. It's important to note that this is a simplified description and each case may have unique circumstances. It is extremely important to consult a legal professional to understand the process as it applies to your situation.
What is the burden of proof in a criminal case?
In a Canadian criminal case, it's the job of the government's lawyer, called the 'Crown', to show without any sensible doubt that the accused person did the crime. The idea of "beyond a reasonable doubt" is the strongest proof needed in court. It means that the evidence should leave no reasonable doubt to a regular person that the accused person is guilty. The person accused of the crime doesn't have to show they are innocent. This is based on a big rule in Canadian law that says a person is seen as innocent until they are proven guilty. However, some details can change depending on the type of case and where it's happening, so it's always a good idea to get advice from a legal expert.
What is the difference between a plea bargain and going to trial?
In a criminal case in Canada, the responsibility of proof lies with the prosecution. This implies it's the duty of the Crown to establish beyond a reasonable doubt that the accused is guilty of the crime. "Beyond a reasonable doubt" is the pinnacle standard of proof in the justice system and mandates that the evidence put forth leaves no reasonable doubt in an average person's mind about the guilt of the accused. It's not upon the defendant to demonstrate their innocence. This approach upholds the presumption of innocence, a core element of Canadian law ensuring an accused individual is seen as innocent until proven guilty.