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The prosecution often gets a police “expert” to testify about whether seized drugs were “for the purpose of trafficking” in Ontario drug trials. These experts look at the quantity of the drugs and other indicators of drug trafficking, like the presence of cash or debt lists. Defence counsel must eliminate, or strictly limit, the use […]
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In September 2014, I commented on the harsh sentences Ontario Courts have been handing out for trafficking in synthetic opiates. (See: What are the sentences for Possession and Trafficking of Fentanyl in Ottawa & Ontario.) The Ontario Court of Appeal confirmed the harsh sentencing range in November 2014. In R. v. Barham, [2014] O.J. No. 5404, the […]
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In a recent Vancouver case, the police used the surveillance cameras at a Casino to zoom-in on someone’s Blackberry, to read his texts. The police were trying to gather intelligence on this person. At trial, the judge ruled that the accused’s Charter rights against unreasonable search and seizure were breached. The texts were excluded as […]
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The “Carter defence” allowed an accused person to rebut the readings an Intoxilyzer by testifying about how many drinks they consumed. This was also known as the “two beer” defence. The 2009 changes to the Criminal Code effectively banned an accused’s self-reported drinking history from challenging the breath readings. The Ontario Superior Court recently confirmed […]
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Despite the fear-mongering exemplified by the “tough on crime” agenda, Canada’s homicide rate is at the lowest point since 1966. This is a continuation of the long-term trend in declining crime-rates, as opposed to a reflection of the “tough on crime” laws passed over the past few years. See the Ottawa Citizen article by Douglas Quan […]
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- Ottawa criminal lawyer
December 2014
Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373