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The law is uncertain on how far the police can go in searching the cell phone of someone they arrest. A new case from the Ontario Court of Appeal says the police do not need a search warrant to conduct a “cursory search” of a cell phone following an arrest.
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17 Mar '13
Police frequently seize cell-phones when they execute search warrants or arrest suspected drug dealers. Often, the phone rings and callers ask to purchase drugs. The police will also examine the cell phones for incriminating texts.
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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.
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06 Sep '12
Just because drugs are found in someone’s car does not mean the driver “possessed” the drugs.
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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 a car, or outside a car, can be charged with impaired / over 80 “care and control” in Ontario.
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13 Jul '12
Starting November 6, 2012, harsher sentences for many drug offences will come into force in Canada, including mandatory minimum sentences for marijuana offences in some circumstances. A summary of the amendments to the Controlled Drugs and Substances Act to increase penalties for drug crimes from the Department of Justice is available here. “Serious Drug Offences” The broad range of aggravating […]
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07 Jul '12
Many people have asked me what judges will do with the new mandatory minimum jail sentences for several marijuana offences. Two recent Ontario gun cases suggest that judges may refuse to impose mandatory jail sentences which are grossly disproportionate.
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Most people charged with a drinking and driving offence in Ontario believe that it is very unlikely that they can win their case. This is often not true. Here are seven reasons you should retain a good Ottawa criminal lawyer before deciding whether to plead guilty.
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02 Jun '12
Here are five tips to help you win your case if you have been charged with a drinking and driving offence in Ontario.
