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The Supreme Court upheld key provisions in the 2009 Criminal Code amendments. These amendments were designed to eliminate the so-called “two-beer defence”, also known as the “Carter defence” and “evidence to the contrary.” Before 2009, the “two-beer” defence was an effective defence argument that had resulted in many acquittals.
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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.
November 2012
Brett McGarry
- 352 Elgin Street, K2P 1M8 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373
Latest Tweets
- 25Dec
RT @Calvinn_Hobbes: CHRISTMAS MORNING!! #MerryChristmas #CalvinandHobbes #Christmas https://t.co/Lv1XTAIPng
- 23Dec
RT @petersankoff: As predicted, leave granted in Sullivan, and leave to cross appeal granted in JJ. To put it mildly, these will be the two…
- 14Dec
RT @petersankoff: This is noteworthy:https://t.co/Acads1aTRI
- 24Nov
RT @EdwardHRoyle: Partner Carlos Rippell has reverse disclosure provisions of s. 278 struck down as unconstitutional in Toronto Superior Co…
- 14Nov
RT @DavidASmithLaw: How do you defend those people?https://t.co/sfO8MNYHFB
- 20Oct
RT @KateKehoe1: Today the decision of Justice Pomerance in R v. Hiller was posted on CanLii. A must read on forensic evidence. https://t.co…
- 13Oct
RT @LindsayBoard: Breaking: SCC unanimously allowed the appeal in R v Reilly from the bench, upholding TJ's decision to grant a stay due to…
- 08Oct
RT @Nader_Hasan_law: The Crown repeatedly said today that all of the concerns of the racialized bar associations can be addressed through c…
- 06Oct
RT @coleenlisa: "Justice Gibson ruled that the women were deprived of the equal benefit of Canadian law in being unable to serve their sent…
- 10Sep
RT @ClaOntario: At the height of the pandemic, Boris Bytensky helped mobilize an army of defence lawyers to reduce the prison population @B…
- 01Sep
RT @J4Abdirahman: Systemic racism does not exist they say, well tell that to @OttawaPolice. If your ran the plate how did you not see it wa…
- 27Aug
RT @JohnHaleCrimLaw: Ideally there should be a specific website for each of the 50+ jurisdictions. I know that @ClaOntario would gladly par…
- 18Aug
RT @ssidfreeman: @douglasdowney This initiative is a welcome one. But, your deep cuts to @LegalAidOntario greatly damaged access to justic…
- 13Aug
RT @OntarioOn: On Monday, August 17, 2020, the Court will begin scheduling out-of-custody cases adjourned due to COVID-19 in all court loca…
- 14Jul
RT @emlaminator: Proud to represent @ClaOntario along with my brilliant co-counsel @MarianneSalih in this important case.
- 25Jun
RT @cazasaikaley: Nous sommes fiers d'annoncer que Me Sauvé a été élu Président de l'@ajefo_justice. Bravo @marco_suave. Vous pouvez consul…
- 27May
RT @dominiclamb: Look at this, an actual plan to re-open courts https://t.co/wU2A72IBWX
- 04May
RT @OntarioOn: The Ontario Court of Justice will not be returning to full operations on May 29, 2020. No trials or preliminary inquiries wi…
- 02May
RT @AndrewBernstei9: It’s not every day that copyright, rights of publicity, intrusion upon seclusion and the “worst movie ever made” combi…
- 20Apr
RT @crimlacy: R. v. Hearns 2020 ONSC 2365 - decision released today by Pomerance J. regarding judicial notice of higher risk of COVID19 inf…
- 03Apr
RT @adamweisberg: Congrats to my friend @Prutschi and @ClaOntario member on his appointment to the @OntarioOn !!!! He will be missed by hi…
- 31Mar
RT @ClaOntario: Exclusive: @ClaOntario in pleased to announce an amazing and free CPD webcast event for CLA recent calls. Ask Marie Henein…
- 31Mar
RT @ClaOntario: Calls to release some prisoners intensify as first known coronavirus outbreak announced in Canadian prison via @globeandmai…
- 27Mar
RT @ccla_abcc: 📝 From @SCJOntario_en Chief Justice Morawetz - A Letter to Members of the Legal Community in Ontario, dated March 27, 2020,…
- 25Mar
RT @crimegarden: * One inmate at Toronto South Detention Centre has tested positive for COVID-19. It is the second largest jail in Canada.
- 25Mar
RT @rodmickleburgh: ICYMI, wonderful obit by @jana_pruden of a remarkable Canadian RT Joyce Milgaard was the symbol of a mother’s relentles…
- 21Mar
RT @AMoustacalis: An important measure to increase parole availability and passes, and electronic parole hearings. @LegalAidOntario should…
- 19Mar
@petersankoff Great talk on the problems with the law forcing an accused person to disclose text messages before tr… https://t.co/qb4B66GTjg
- 19Mar
RT @johnstruthers: The CLA will let you join for free during the crisis to stay informed and work together right now. Doing all we can. @Cl…
- 19Mar
RT @The_DCAO: The DCAO and @ClaOntario have been providing volunteers to address matters in the Ontario Court of Justice. The vast majority…
- 19Mar
RT @johnstruthers: The health and safety of everyone comes first. The Criminal Lawyers’ Association has determined that we must have our vo…
- 17Mar
RT @DanielBrownLaw: Opinion: During a pandemic, prisons pose a special risk. We need to release non-violent offenders https://t.co/rNpG2mc…
- 15Mar
RT @OntarioOn: Due to COVID-19, the OCJ is making changes to court operations across the province for criminal, family and POA matters. htt…
- 15Mar
RT @johnstruthers: The CLA had provided Counsel on call to all RSCJ and RSOCJ Judges to assist in any way possible. Two CLA reps will be in…
- 13Mar
RT @SeanRobichaud: Effectively dealing with #COVID19 in courts starts with flipping the script of priorities. An approach that favours nece…
- 27Feb
RT @atrishalewis: At Convocation this morning, ready to vote on two significant motions which if passed, will undermine equity at the LSO.…
- 05Feb
RT @gibvanert: Here’s a thread on Bill C-5, the government bill requiring newly appointed judges to take seminars on sexual assault law. It…
- 04Feb
RT @PJMazereeuw: The government just tabled its bill to mandate sexual assault training for judges—Bill C-5. Justice Minister David Lamet…
- 03Feb
RT @GabrielPoliquin: Don’t bring patronage back into naming of judges https://t.co/Ovlk8Qp3oo via @torontostar
- 30Jan
RT @JacquesGallant: NEW: The Ford government has floated taking more control over who gets chosen as a provincial court judge in a new prop…
- 24Jan
Recent Ontario criminal cases could require retrial after court rules new jury selection rules were misapplied… https://t.co/6b9SA6I22r
- 14Jan
RT @ClaOntario: From Ottawa Director Leo Russomanno @len_1980: Stop isolating inmates with restrictive telephone policy, Ontario, via @Ot…
- 07Jan
RT @LawyerinToronto: Some thoughts I had over the holidays about our social pact with one another and legal aid: https://t.co/2dYjA72ebN
- 06Jan
RT @Nader_Hasan_law: That’s part of the problem with this new regime. What used to be a half-day trial is now an odyssey of seemingly endl…
- 04Jan
RT @petersankoff: 1/ All right. Here we go. This is going to be a long thread, so bear with me. I apologize in advance. Here are the result…
- 21Dec
RT @AEnenajor: Liberals' sex assault trial reforms run into trouble as more judges find Charter violations https://t.co/jNvFvM1w2j
- 18Dec
RT @DanielBrownLaw: Legal aid cuts mean Ontario has abandoned the right to a fair trial. An op-ed from Louis Strezos and me. Cc: @fordnat…
- 17Dec
RT @JeffRybak: Extremely good analysis of how Ford and Downey are not just starving Legal Aid of money, but gutting its mandate. If anyone…
- 14Dec
RT @mspratt: 'Smarter and stronger'? @douglasdowney’s new Justice bill is a Trojan Horse for shadow cuts to legal aid. And it paves the way…
- 13Dec
RT @SeanRobichaud: Opinion: On criminal law reform, federal Liberals earn an F “The federal Liberal Party bears little resemblance to the p…
- 12Dec
RT @gowlingwlg_ca: On Monday, our Ottawa partner @robaburto received the Service Cross award from the Honourable @LGLizDowdeswell, Lieutena…
- 07Dec
RT @mspratt: From me in the @OttawaCitizen on another injustice from the fall out of @fordnation and @douglasdowney legal aid cuts. They a…
- 21Nov
RT @Halfyard_Law: John Struthers named president of Criminal Lawyers’ Association https://t.co/tOpte2EUQY - look forward to working with @j…
- 20Nov
RT @johnstruthers: The independence of the Judiciary depends on “no debts” owed to Politicians. The Judicial Appointments Advisory Committ…
- 20Nov
RT @DinoBottosLaw: Congrats to my colleagues @petersankoff and @wvanengen who won an extremely important decision today on the constitution…
- 16Nov
RT @adamweisberg: Ever notice the years get shorter as you age? Imagine how long 18 months feels for a 12yr old... the SCC says Jordan cei…
- 15Nov
RT @IRPlawyer: Well that’s that, folks. The SCC has ruled that the 18-month presumptive ceiling for a trial also applies to matters in yout…
- 12Nov
RT @RicksDesk: @IRPlawyer @WoodfordinDK Here is the full US federal court decision against warrantless searches of travelers smartphones at…
- 24Oct
RT @cazasaikaley: Alyssa Tomkins @alyssa_tomkins and Marie-Pier Dupont successful in resisting motions to dismiss Charter application or ha…
- 19Sep
RT @LindsayBoard: Court of Appeal for Ontario in R. v. Charley, 2019 ONCA 726 caps post-verdict delay at 5 months - a separate presumptive…
- 12Sep
RT @crimlacy: Are the new jury selection procedures in Criminal Code actually going to improve efficiency or just cause further delay? My c…
- 11Sep
Ontario’s top judges slam Ford government over cuts to legal aid https://t.co/OeSyqcYZbK via @torontostar
- 10Sep
RT @crimlacy: CJ Maisonneuve similarly echos CJ Strathy’s comments about need for proper funding of @LegalAidOntario and need for “robust”…
- 24Aug
RT @shaaminiwhy: Peter Sloly has been hailed as a charismatic, progressive policing leaders, he’s also been criticized for being too radica…
- 27Jul
RT @EmilyDixonLaw: A lot has been said about LAO cuts, changes in DC services, time wasted in set date court and the need for phone or inte…
- 24Jul
RT @DanielBrownLaw: In a groundbreaking judgment, an Ontario judge has struck down a law imposing a mandatory conviction for impaired drivi…
- 23Jul
RT @TrevinDavid: Time and again aboriginal accused, esp. those in custody, are faced with two choices: Stay in jail longer so judge can ful…
- 22Jul
Ontario judges reject two Charter challenges of Liberal government's sex assault reforms, passed after Ghomeshi cas… https://t.co/Kd9vVPQvhU
- 19Jul
RT @SewrattanLaw: R. v. Bulhosen, 2019 ONCA 600: A 30-month Jordan ceiling applies when the Crown prefers an indictment to the Superior Cou…
- 19Jul
Dennis Oland found not guilty in retrial over multimillionaire dad's 2011 death | CBC News https://t.co/PBOObym9Tp
- 15Jul
Justice minister approves second device for testing drivers' saliva for cannabis use https://t.co/GSIvSkupvr via @nationalpost
- 26Jun
RT @MJ_Esq: s. 33 of Ontario's Juries Act provides 4 #peremptory challenges for each litigant if the jury trial is a civil proceeding. This…
- 20Jun
RT @vanessa_macd: Longtime @OttawaCitizen columnist Mohammad Adam in today’s paper: Carding blacks has to stop - right now. Agreed. https:/…
- 19Jun
RT @vanessa_macd: Any need for ID only practically arises AFTER the arrest to formalize the arrest. 3/n
- 16Jun
RT @vanessa_macd: For those who have been asking, in response to the carding incident at uOttawa this week, here is some information on the…
- 12Jun
RT @EdTubb: This is a remarkable ruling, equivalent to nearly 3 to 1 credit for time served at the jail. https://t.co/s6S7cpcLK5 via @toron…
- 08Jun
Raising middle finger relays information, judge rules in case of man accused of breaching no-contact order… https://t.co/uTf34O1ndM
- 07Jun
RT @nationalpost: Chris Selley: The Liberals' police-state impaired driving law has to go https://t.co/PcKA1awLBN https://t.co/vHf2WJIQZH
- 29May
RT @petersankoff: I do not think this would be a positive development for s 24(2), and will complicate matters enormously. While I do think…
- 29May
Why Canada's money-laundering problem is far bigger than we think https://t.co/g2uCVwKf5w via @nationalpost
- 29May
Christie Blatchford: Changes to ‘rape shield’ part of sex assault law challenged at top Ontario court… https://t.co/v78svb7JBl
- 24May
RT @megan__savard: It was a pleasure to represent @ClaOntario on #Barton. Pleased the SCC resisted calls to substantively change law of sex…
- 20May
RT @RobCurrieMusic: Remember folks, Canada has extradition treaties with most of the states named in this article, and our courts typically…
- 15May
RT @Longreads: "I think what you’re really seeing here is how the decline of the trial intersects with the lack of accountability for prose…
- 15May
Christie Blatchford: Being questioned on your sexual history is the cost of justice, lawyers say https://t.co/wUFdbunMWI
- 14May
RT @GreenspanLLP: Is the standard R. v. W.D. instruction "misleading and confusing" and in need of an overhaul? The Alberta Court of Appea…
- 08May
RT @SewrattanLaw: R. v. Bartholomew, 2019 ONCA 377 at para. 22: Re: a complainant's motive to fabricate. The absence of evidence is not the…
- 03May
RT @AEnenajor: It was an honour to testify in Ottawa today on Bill #C75 w/ @DanielBrownLaw on behalf of the @ClaOntario. We implored the @S…
- 01May
RT @SDiGiuseppeLaw: It’s shameful for @C_Mulroney to cont. @fordnation’s rhetoric about LAO lawyers: “w/ renewed accountability at lega…
- 30Apr
RT @AnthonyNMorgan: My brother’s in jail. Why does talking to him require hundreds of dollars a month and 1990s technology? https://t.co/vI…
- 30Apr
RT @crimlacy: @EmilieTaman @chorkins A public defender model is also more expensive. It is not fee for services. It requires employees on…
- 30Apr
Charter challenge to mandatory alcohol screening puts random stops, provincial penalties under spotlight… https://t.co/UiI1y6KxuW
- 25Apr
RT @RobCurrieMusic: New article by me and my wonderful grad student, Laura Ellyson: "Extradition and Trial Delays: Recent Developments (and…
- 25Apr
RT @DanielBrownLaw: Coming to a courthouse near you: What stopped the Boyle trial could put every single sex assault case 'in limbo' https:…
- 24Apr
RT @Hartamophone: The only way this could be more satisfying is if 15,000 Leafs fans now had to spend two hours trying to leave the CTC par…
- 23Apr
After lengthy delay, government prepares to approve second device for testing drivers' saliva for cannabis… https://t.co/UDJfFuCvCz
- 21Apr
RT @DanielBrownLaw: A Leading Cause for Wrongful Convictions: Experts Overstating Forensic Results https://t.co/fCLWUU7TC6
- 18Apr
RT @ClintSmithIII: Everyone should take the time to read this. One of the most thoughtful pieces written on prison abolition that I’ve read…
- 18Apr
RT @JoshuaSealy: From a comparative standpoint, it is interesting/disturbing to see Canadian politicians misleadingly politicizing judicial…
- 17Apr
RT @ClaOntario: Written by Brian Greenspan, past president @ClaOntario - Did Jody Wilson-Raybould understand her role as attorney-general?…