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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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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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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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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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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.
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