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Immigration consequences of criminal convictions matter for sentencing
A criminal conviction can lead to criminal inadmissibility for permanent residents and temporary residents in Canada. Criminal lawyers must be aware of their clients’ immigration... Read More
Tagged Ottawa Criminal Lawyer, Ottawa Lawyers
Ringing Cells Phones and Text Messages as Evidence of Drug Trafficking: The Baldree Case
Can anonymous calls and texts be used to prove that someone was dealing drugs or possessed drugs for the purpose of trafficking? What if the... Read More
Supreme Court: Breathalyzers can make mistakes
A November 2012 case by the Supreme Court of Canada will impact impaired driving cases in Ontario. (See: R. v. St‑Onge Lamoureux.) The Supreme Court... Read More
Supreme Court: A “risk of danger” is essential to a “care and control” conviction
Mr. Boudreault got drunk at a bar. He met a woman and they went back to her place. The next morning she kicked him out.... Read More
“Possession” of drugs found in a car.
Just because drugs are found in someone’s car does not mean the driver “possessed” the drugs. The Ontario Court of Appeal affirmed this principle in... Read More
Court of Appeal lists “care and control” factors
You do not have to be driving to be charged with a DUI offence. Someone who is found by the police in the back-seat of... Read More
Starting Nov. 6, 2012 mandatory minimum sentences for many marijuana and drug offences begin
Starting November 6, 2012, harsher sentences for many drug offences will come into force in Canada, including mandatory minimum sentences for marijuana offences in many... Read More
Another judge refuses to impose a mandatory minimum sentence created by the Federal government
Many people have asked me what judges will do with the new mandatory minimum jail sentences for several marijuana offences. Two recent Ontario gun... Read More
Police now allowed to search cell-phones after an arrest in Ontario