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info@dalrajbains.ca

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CRIMINAL DEFENCE LAWYERS

Offences Against the Person Lawyers in Toronto & the GTA

Choosing the right criminal lawyer matters. We offer a no-cost, no-obligation consultation to help you decide your next step.

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CHARGED WITH A SERIOUS OFFENCE?
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We speak English, Punjabi and Hindi. Free, In-Depth, No Obligation, Consultation.

Facing Serious Criminal Charges in Toronto?
We Can Help.

Offences against the person, including criminal harassment, forcible confinement, kidnapping, and human trafficking, are treated with the utmost seriousness by the courts. These charges often involve complex allegations, sensitive evidence, and significant police resources. A conviction can result in lengthy imprisonment, strict probation conditions, no-contact orders, and long-term consequences that affect employment, travel, and reputation. In many cases, the outcome turns on issues such as credibility, intent, consent, and the reliability of witness testimony.

At Dalraj Bains Criminal Lawyers, we take a strategic and meticulous approach to defending serious assault and person-based offences. Our firm carefully examines police conduct, Charter compliance, statements, digital evidence, and the overall strength of the Crown’s case. We work to identify inconsistencies, challenge unlawful investigative steps, and protect your rights at every stage of the process. When you are facing serious allegations that put your freedom and future at risk, you need an experienced Toronto criminal defence lawyer prepared to act quickly and build a strong, effective defence.

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Speak With Dalraj for a Confidential, Free, In-Depth Consultation

Your first consultation is strictly confidential and protected by solicitor-client privilege, with no obligation to proceed. During this meeting, Dalraj will:

Review the details of your case.

Answer your questions clearly and honestly.

Explain your legal options and next steps.

Provide a transparent estimate of legal fees.

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Criminal harassment or commonly referred to as “stalking” is a criminal offence encapsulated under Section 264(1) of the Criminal Code of Canada. The Criminal Code of Canada defines criminal harassment as engaging in prohibited conduct without lawful authority, knowing that the conduct harasses another person or being reckless as to whether it does, and causing the victim to reasonably fear for their safety or that of someone known to them. The offence covers behaviours like stalking, unwanted communication, or threats that create a reasonable fear, even if no physical harm occurs.
To prove a criminal harassment allegation, the Crown must prove beyond a reasonable doubt the following conduct:
  • Prohibited Conduct: The accused engaged in one or more of the following acts listed in Section 264(2):
  • (i) Repeatedly following the victim or someone known to them.
  • (ii) Repeatedly communicating with the victim or someone known to them, directly or indirectly.
  • (iii) Besetting or watching the victim’s home, workplace, or other frequented place.
  • (iv) Engaging in threatening conduct directed at the victim or their family.
  • Knowledge or Recklessness: The accused knew their conduct was harassing, reckless, or was wilfully blind as to whether it caused harassment.
  • Reasonable Fear: The victim reasonably feared for their safety, physically or psychologically, or the safety of someone known to them. The fear must be objectively reasonable, meaning a reasonable person in similar circumstances would also feel threatened.
  • Lawful Authority: The conduct was not justified by law.
In the context of criminal harassment, under Sections 264(2) of the Criminal Code of Canada, the term “repeatedly” refers to conduct that occurs multiple times, generally exceeding one or two instances. The conduct must be deemed excessively frequent, taking into account the specific circumstances of the case.
The Court must determine whether a reasonable person, situated in the complainant’s specific circumstances, would fear for their own safety or the safety of someone known to them. In evaluating the reasonableness of the complainant’s fear, the Court must consider relevant factors, including, but not limited to, the complainant’s gender and history of the prior relationship between the complainant and the accused.
The severity of criminal harassment can influence the penalties. If convicted on indictment, an individual may be liable to imprisonment for a maximum of 10 years.
If you require legal assistance for criminal harassment or other offences against a person, please contact us now for a confidential consultation.
Forcible Confinement
Forcible confinement is encapsulated under Section 279(2) of the Criminal Code of Canada and involves the unlawful restricting of another person’s liberty by confining, imprisoning, or forcibly seizing them without their consent and without lawful authority. The offence is designed to protect personal freedom and autonomy, addressing situations where an individual is physically or psychologically coerced into remaining in a particular place or situation against their will.
In forcible confinement cases, the Crown must substantiate several elements beyond a reasonable doubt for a conviction. These elements include:
  • Confinement: The accused restricted the victim’s freedom of movement. This can include physical restraint, psychological coercion, and forcible seizure.
  • Without Consent: The victim did not voluntarily agree to the confinement. Consent obtained through duress, fear, or deception is not valid.
  • Lawful Authority: The accused had no legal justification for the confinement.
  • Intent: The accused intentionally confined the victim.
The severity of forcible confinement can influence the penalties. If convicted on indictment, an individual may be liable to imprisonment for a maximum of 10 years.
Kidnapping
Captured in Section 279(1) of the Criminal Code of Canada, kidnapping involves the unlawful confinement, transport, or abduction of a person against their will, typically with the intent to achieve a specific purpose, such as holding the victim for ransom, as a hostage, or to facilitate another crime. The offence is designed to protect personal liberty and safety, reflecting the severity of depriving someone of their freedom.
Kidnapping is distinct from related offences such as forcible confinement or abduction. Abduction often involve minors or parental disputes.
In kidnapping cases, the Crown must substantiate several elements beyond a reasonable doubt for a conviction. These elements include:
  • Unlawful Act: The accused forcibly seized, confined, imprisoned, or transported the victim without lawful authority
  • Victim’s Consent: The victim was taken or confined against their will. Consent obtained through force, threats, or deception does not negate this element.
  • Intent: The accused acted with one of the specific intents listed in Section 279(1), such as: to confine or imprison the victim, to send or transport the victim out of Canada, to hold the victim for ransom, as a hostage, or to assist in committing or escaping another offence.
  • Identity of the Accused: The accused was the person who committed the act or was a party to the offence.
The aggravating and mitigating circumstances of each case relating to kidnapping can drastically influence the penalties.
If you require legal assistance for forcible confinement, kidnapping, or other offences against a person, please contact us now for a confidential consultation.
“Trafficking in persons” or commonly referred to as “human trafficking” comprises of the recruitment, transportation, or harbouring of individuals through force, coercion, deception, or abuse of power for the purpose of exploitation, such as forced labour, sexual exploitation, or organ removal. The offence targets severe violations of human rights and personal autonomy.
The Criminal Code of Canada has a number of offences in relation to human trafficking. The offences include trafficking in persons, trafficking of a person under the age of eighteen years, material benefit – trafficking, material benefit – trafficking of a person under the age of eighteen years, withholding or destroying documents – trafficking, withholding or destroying documents – trafficking of a person under the age of eighteen years, and exploitation.
Human trafficking is not only encapsulated in the Criminal Code of Canada, it is also supplemented by provisions in the Immigration and Refugee Protection Act (IRPA). The Immigration and Refugee Protection Act addresses cross-border human trafficking, prohibiting bringing a person into Canada by abduction, fraud, deception, or use of force for illegal purposes.
If you require legal assistance for human trafficking or other offences against a person, please contact us now for a confidential consultation.

Types of Offence Against the Person Charges We Defend

Why Clients Choose Dalraj Bains

At Dalraj Bains Professional Corporation, we understand that facing criminal charges is one of the most stressful experiences you can endure. Here’s why clients trust us to defend their rights and fight for their future:

Relentless Advocacy

Every case starts with a plan. We work closely with you to understand your situation and develop a clear strategy aimed at achieving the outcome you deserve. With our legal expertise and your insight, we’ll build a strong path forward—together.

Proven Experience

With extensive experience in criminal and regulatory law, we handle cases ranging from minor infractions to serious allegations. Our deep knowledge of the legal system and courtroom strategies sets us apart.

Client-Oriented Approach

You are more than a case to us. We listen to your story, answer your questions, and keep you informed every step of the way, ensuring you feel supported and empowered.

Personalized Strategies

No two cases are alike. We craft customized defence plans based on the unique circumstances of your situation, whether it’s negotiating for resolution or preparing for trial.

Accessible and Responsive

Legal challenges don’t wait, and neither do we. Our team is available to provide guidance and support when you need it most, offering clear communication and prompt responses.

Criminal Defence Practice Areas

Our Criminal & Regulatory Law team is committed to defending your rights and guiding you through complex legal challenges. Whether you’re facing criminal charges or navigating regulatory investigations, we provide strategic, results-driven representation to protect your interests and reputation.

Driving Offences

Assault Offences

Sexual Offences

Property Offences

Other Offences

Other Offences

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Contact Dalraj Today.

Choosing the right criminal  lawyer matters. We offer a no-cost, no-obligation consultation to help you decide your next step.

 

We serve Toronto, Brampton, Mississauga, Vaughan and the Entire GTA.

 

We speak English, Punjabi and Hindi. 

CALL (647) 787-0448

Request a Consultation

Free, No Obligation, Consultation
We Speak English, Punjabi & Hindi.