Family and criminal law routinely intersect, and it is important for counsel to be aware of the potential implications of actions in one area on the other. This paper focuses on that intersection of family and criminal law, discussing topics such as: charges and bail, pre-trial orders (for example, Child Protection Orders or Emergency Protection Orders), implications of criminal prosecution on family law proceedings, and information sharing. The paper also reviews Criminal Code sections that intersect with family law matters. Tips for family law lawyers dealing with a client whose spouse or partner is criminally charged are also provided.
This paper is part of a collection presented at LESA’s Intersection of Family and Criminal Law program held in Calgary on March 11, 2017 and in Edmonton on March 18, 2017.