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March 2015 Archives

Distinction between edible and dry cannabis at issue in Supreme Court case

The Supreme Court of Canada is currently considering arguments about whether the regulation of medical marijuana -- specifically, edible cannabis products -- is arbitrary and unconstitutional.

Impaired driving case in Halton thrown out because of unreasonable delay

Under the Canadian Charter of Rights and Freedoms, a person charged with a criminal offence has the right "to be informed without reasonable delay of the specific offence" and the right "to be tried within a reasonable time." If unreasonable delay in either of these capacities occurs, then it may be possible to have the case dismissed.

When a youth is the one charged with domestic assault

A criminal charge can not only have a negative impact on the individual charged; the arrest may also result in unforeseen consequences for the defendant's family, especially if the charge arises from a domestic dispute.

Charged with conspiracy to commit a drug crime? Know your defence options

Often people who find themselves charged with conspiracy in Ontario never thought they were "conspiring" to do anything. However, in legal terms, conspiracy occurs when two or more individuals agree together to commit a crime.

Amendment makes assault on a TTC driver an 'aggravating circumstance'

When a court deems that a criminal offence was committed under "aggravating circumstances," sentencing may be increased. Examples of aggravating circumstances recognized by Canadian courts include the following:

Charged with domestic violence? Choose a defence lawyer with knowledge of family court proceedings

When a person is charged with domestic assault or criminal harassment, the stakes are high, even if the allegations are false. In these cases, police often have a policy of "arrest first, ask questions later," and people can find themselves unfairly accused or facing charges that simply don't fit the facts.

Bill would limit parole chances for certain murder convictions

Public Safety Minister Steven Blaney made headlines back in January when he confirmed the prior intimations of Prime Minister Stephen Harper that new legislation designed to all but eliminate parole for certain first-degree murder convictions was forthcoming.

Ontario police engage in questionable practice of publishing defendants' names

Police forces in some parts of Ontario make it a point to publicly associate marijuana charges with accused individuals, even before the cases have been tried. For example, the Almaguin Highlands Ontario Provincial Police send out press releases that list the names of individuals charged with crimes, including possession of small amounts of marijuana. The detachment is thought to be the only one in the area to engage in this questionable practice.