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21 Sep '17
Legalization leading to increased driving while impaired by marijuana? Legalized marijuana will lead to more impaired driving according to police representatives testifying before the House of Commons Justice Committee, which is hearing evidence about the government’s new impaired driving law, designed to coincide with the legalization of marijuana. The police expressed concern with the number […]
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- Impaired by Marijuana
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The federal government’s slow move toward a controlled market for legal marijuana in Canada is set to take a step forward this week with the delivery of a task force report that includes advice on a minimum age, product warnings and measures to prevent drug-impaired driving.(Globe and Mail, “Report on Canada’s marijuana legalization due this […]
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In November 2016, our client was found not guilty of impaired/over 80 and dangerous driving charges in Ottawa. People reported a damaged high-performance car driving erratically. The car was registered to our client. Based on descriptions from witnesses and video surveillance, the police believed our client was the driver. He was arrested at home a short […]
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The Criminal Code of Canada says breath-readings are deemed to be accurate if the first test is taken within two hours of the time of driving. An accused person can undermine this presumption by showing the machine was operated improperly. In the recent Ontario drinking and driving case of R. v. Paspaporn, 2015 ONCJ 734, […]
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You probably know that there are mandatory minimum penalties for adults who are convicted of drinking and driving in Canada. But, what are the penalties for someone under 18 years of age who is convicted of a drinking and driving offence in Ontario? There are no mandatory penalties for young offenders who are found guilty […]
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Confidential informants told the police our client was trafficking drugs. The police found 30 Fentanyl patches of 100 microgram strength in our client’s car. He was charged with possession of Fentanyl for the purpose of trafficking. Our client faced a 5 year penitentiary sentence given the harsh sentences in Ontario for trafficking even small amounts […]
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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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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
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A police officer stopped Wayne outside a bar late at night. Wayne was not suspected of any criminal offence. The officer pushed Wayne against a wall repeatedly. Eventually, Wayne tried to leave. The police took Wayne to the ground, and an officer was injured in the process. The police officer claimed that Wayne tried to […]
Ottawa Criminal Defence Lawyer
Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373