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Ontario Court of Appeal rules that three-year mandatory minimum jail sentence for loaded handguns is unconstitutional.
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What do the police need before deploying drug sniffing dogs? Not much according to two Supreme Court of Canada decisions released in September 2013. All the police need is a “reasonable suspicion” that evidence of drug offence may be discovered.
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An Ottawa man who was acquitted of firearms charges after a judge found the pellet gun he was allegedly carrying did not meet the definition of a “weapon” will face a new trial, the Ontario Court of Appeal ruled on September 4th. Previously, a pellet gun was not considered a “weapon” unless someone carried it for the purpose of hurting or threatening someone.
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A conviction can lead to criminal inadmissibility for permanent residents and temporary residents in Canada. Criminal lawyers must be aware of their clients’ immigration status in order to manage the collateral consequences of a conviction.
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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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06 Sep '12
Just because drugs are found in someone’s car does not mean the driver “possessed” the drugs.
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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.
Caselaw
Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373