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Know Your Rights; Exercise Your Rights

Trying to talk yourself out of a situation could have serious consequences

We live in a free country, as we are often reminded. It’s a wonderful country with a wonderful justice system. That said, it is far from perfect. As we all know, there are certain inequalities that exist in Canada. One inequality that can affect any one of us at any time involves the power imbalance that exists between the resources of the government and an individual citizen. 

The Canadian Charter of Rights and Freedoms guarantees certain rights to all Canadians. These rights are in place to protect us all from unlawful or unreasonable state intrusions into our lives. To name only a few: we have the right to be told why we are being arrested or detained; if arrested or detained, we have the right to get advice from a lawyer; we have the right to be free from unreasonable searches; and we have the right to remain silent when confronted by the police. Knowing of these rights is one thing. Knowing how to exercise them is quite another. 

For example, if you were to be stopped in your car by police and they requested permission to search your vehicle, you may feel that you must provide that permission. In fact, you don’t have to. You would have every right to refuse to grant that permission. However, if you were stopped by police and were told by police that they were going to search your vehicle, should you stop them, or attempt to? Absolutely not! “What’s the difference?”, you may ask.

The difference, as in so many instances, is in the details. In the first instance, you are being asked for permission, and you simply do not have to grant it. That is maintaining a right and is perfectly acceptable. You do not have to give permission. However, in the second scenario, you are being told of what is about to occur. You have a right (to be free from unreasonable search) that may or may not be on the verge of being violated, but the place to address that is in a courtroom where a judge can provide you with a remedy. Out on the street, it’s not a wise idea to act as the judge of what the police can or cannot do. In fact, you may end up facing charges of obstructing a police officer or escalating the encounter to a more dangerous situation. Neither result would benefit you. Trying to talk yourself out of the situation could inadvertently lead you into deeper trouble. This is where you should very much exercise your right to REMAIN SILENT…other than asking to call a lawyer.

For the legal help you need right now, call Evan Roitenberg or any other Gindin Wolson Simmonds Roitenberg lawyer at 204.985.8181. We will help you.

Practice Areas

Robbery

Robbery is a serious offence. In essence, it is stealing from someone using violence or threats in the course of the theft.

Property Crimes

Theft; breaking and entering (B&E); vandalism; arson; and auto theft, among others.

Impaired Driving / Dangerous Driving

If arrested for driving while suspected of being drunk or high, remember that you have right to hire a lawyer to speak on your behalf.

Internet-Related Crimes

Fraud; harassment; money laundering; identity theft; infringements on intellectual property; pornography; hacking; password trafficking; or any other act considered to be a cybercrime.

Bail Hearings

If you are facing a bail hearing, the lawyers at Gindin Wolson Simmonds Roitenberg will work to ensure you get the best decision possible.

White-Collar Crimes / Fraud

Embezzling money from an employer; expense-account fraud; cybercrime; and tax evasion. Corporate crimes such as selling unsafe products, price fixing, and false advertising.

Assault

We will defend you vigorously against any assault-related charges including: assault; assault with a weapon; aggravated assault; or uttering threats.

Weapons Offences

We will defend you vigorously against any weapons-related charges under the Criminal Code or any contravention of the Firearms Act.

Drug Offences

We will defend you vigorously against any charges under the Controlled Drugs and Substances Act, including possession, production, trafficking, importing, and exporting.

Domestic Violence

An act of domestic violence can take place within a currently married couple; a previously married couple; in common-law relationships; or between girlfriends, boyfriends, and same-sex partners.

Homicide: Murder / Manslaughter

Your GWSR lawyer will defend your rights aggressively and hold the Crown to the highest possible prosecutorial standards. We have immeasurable experience defending homicide cases.

Sexual Offences

Sexual assault; sexual interference; sexual exploitation; voyeurism; child pornography; luring; and any offences dealing with the sex trade, among others.

Youth Criminal Justice Act

The Youth Criminal Justice Act outlines operations of the criminal justice system as it pertains to those 12–17 years of age who have been charged with a crime.

Tax Prosecution

Tax evasion; tax fraud; failure to charge and/or remit the Provincial Sales Tax (PST); and failure to charge and/or remit the Goods and Services Tax (GST).

Quasi-Criminal Offences / Highway Traffic Act

A quasi-criminal offence is an offence not covered by the Criminal Code or the Controlled Drugs and Substances Act. Such matters could be covered by a federal, provincial, or municipal law.

Charter Applications

Concerns related to your right to remain silent at the time of arrest; your right to counsel; issues involving unreasonable searches or other matters pertaining to warrants.

Professional Regulatory Bodies

Your career is important to you and if the body that governs your profession has accused you of violating its regulations, you deserve a vigorous defence

We are committed to excellence, and committed to helping people from all walks of life.

Our Lawyers

Jeffrey J. Gindin, QC

Jeff is one of the founding partners of this firm and and has been a trial lawyer since 1971. He will fight tirelessly for his clients with passion, skill, and creativity in order to achieve the best possible results.

Richard J. Wolson, QC

Richard Wolson is a skilled, bold, and relentless cross-examiner who represents his clients with focus and determination.

Saul B. Simmonds, QC

Practising criminal law since 1980, Saul is an experienced litigator with deep knowledge of Canadian law.

Evan J. Roitenberg, LLB

Evan is deeply committed to protecting the rights of the accused and is routinely called upon to lecture and present on the art of cross-examination.

Laura Robinson, BA, LLB

Laura has experience dealing with all manner of offences, which has included violent crimes, property offences, drug offences, driving offences, and weapons offences.

Daniel A. Wolson, BA, LLB

Daniel strives to get the best possible results for his clients, having secured acquittals at all levels of court throughout Manitoba.

Kevin Minuk, BA, LLB

Kevin Minuk received his call to the bar in 2014 and has been practising exclusively in the area of criminal law.

Shimon R. Segal, BA, JD

Shimon was called to the bar and hired as an associate in 2015. His practice has grown to include immigration law and criminal law.

Adam R. Hodge, B.Comm (Hons), JD

Adam Hodge received his call to the bar in May 2016 and practises primarily in the area of criminal defence.

Caitlin MacDonald, BA, JD

Caitlin represents clients facing all types of criminal and quasi-criminal charges and strives to provide expertise, guidance, and compassion.

Winnipeg-based criminal lawyers dedicated to your best defence.

You can talk to a lawyer from Gindin Wolson Simmonds Roitenberg at any time, day or night, by calling:

204-985-8181

We are located...

1200-363 Broadway
Winnipeg, MB. R3C 3N9

Contact us Today