RT @TonyPaisana: Update for BC criminal counsel: Schultes J. denied the Crown's attempt to save ss. 742.1(c) and (e)(ii) in our "Sharma" ch…
RT @crimlacy: One of the most important cases in recent past released today by @ONCA_en. Doherty J.A. explains difference between suspicio…
RT @petersankoff: Leave to appeal granted in AS (Reddick). This will be joined w/ JJ to form a mega hearing. Not clear if it will be moved…
RT @RobCenta: New ONCA: Case concerns the trial judge’s use of judicial notice, including his personal experience as counsel, as part of hi…
RT @coleenlisa: Just spotted this piece by Palma Paciocco: a must read for defence counsel with clients facing COVID delay. "In some ins…
RT @LisaHJorgensen: For anyone looking for the full text of Bill C-22, it is now available online: https://t.co/JQtYzp25xt
RT @ClaOntario: Some fantastic news coming today from @MinJusticeEn on important sentencing reforms to the Criminal Code. A welcome revers…
RT @ClaOntario: Government of Canada announces measures to keep communities safe, fight systemic racismand make our criminal justice syste…
RT @alysanmati: Last month @powellbetsy and I tried to get a clear picture of what kind of backlog Ontario courts are facing and what is be…
RT @RobCurrieMusic: With recent developments in the troubling case of Hassan Diab, pleased that the Manitoba LJ has produced a formatted pr…
RT @dansteinca: Important decision last week by Justice de Sa in Newmarket on a car search for cannabis based on the "open carry" grounds.…
RT @Calvinn_Hobbes: CHRISTMAS MORNING!! #MerryChristmas #CalvinandHobbes #Christmas https://t.co/Lv1XTAIPng
RT @petersankoff: As predicted, leave granted in Sullivan, and leave to cross appeal granted in JJ. To put it mildly, these will be the two…
RT @petersankoff: This is noteworthy:https://t.co/Acads1aTRI
RT @EdwardHRoyle: Partner Carlos Rippell has reverse disclosure provisions of s. 278 struck down as unconstitutional in Toronto Superior Co…
RT @DavidASmithLaw: How do you defend those people?https://t.co/sfO8MNYHFB
RT @KateKehoe1: Today the decision of Justice Pomerance in R v. Hiller was posted on CanLii. A must read on forensic evidence. https://t.co…
RT @LindsayBoard: Breaking: SCC unanimously allowed the appeal in R v Reilly from the bench, upholding TJ's decision to grant a stay due to…
RT @Nader_Hasan_law: The Crown repeatedly said today that all of the concerns of the racialized bar associations can be addressed through c…
RT @coleenlisa: "Justice Gibson ruled that the women were deprived of the equal benefit of Canadian law in being unable to serve their sent…
RT @ClaOntario: At the height of the pandemic, Boris Bytensky helped mobilize an army of defence lawyers to reduce the prison population @B…
RT @J4Abdirahman: Systemic racism does not exist they say, well tell that to @OttawaPolice. If your ran the plate how did you not see it wa…
RT @JohnHaleCrimLaw: Ideally there should be a specific website for each of the 50+ jurisdictions. I know that @ClaOntario would gladly par…
RT @ssidfreeman: @douglasdowney This initiative is a welcome one. But, your deep cuts to @LegalAidOntario greatly damaged access to justic…
RT @OntarioOn: On Monday, August 17, 2020, the Court will begin scheduling out-of-custody cases adjourned due to COVID-19 in all court loca…
RT @emlaminator: Proud to represent @ClaOntario along with my brilliant co-counsel @MarianneSalih in this important case.
RT @cazasaikaley: Nous sommes fiers d'annoncer que Me Sauvé a été élu Président de l'@ajefo_justice. Bravo @marco_suave. Vous pouvez consul…
RT @dominiclamb: Look at this, an actual plan to re-open courts https://t.co/wU2A72IBWX
RT @OntarioOn: The Ontario Court of Justice will not be returning to full operations on May 29, 2020. No trials or preliminary inquiries wi…
RT @AndrewBernstei9: It’s not every day that copyright, rights of publicity, intrusion upon seclusion and the “worst movie ever made” combi…
RT @crimlacy: R. v. Hearns 2020 ONSC 2365 - decision released today by Pomerance J. regarding judicial notice of higher risk of COVID19 inf…
RT @adamweisberg: Congrats to my friend @Prutschi and @ClaOntario member on his appointment to the @OntarioOn !!!! He will be missed by hi…
RT @ClaOntario: Exclusive: @ClaOntario in pleased to announce an amazing and free CPD webcast event for CLA recent calls. Ask Marie Henein…
RT @ClaOntario: Calls to release some prisoners intensify as first known coronavirus outbreak announced in Canadian prison via @globeandmai…
RT @ccla_abcc: 📝 From @SCJOntario_en Chief Justice Morawetz - A Letter to Members of the Legal Community in Ontario, dated March 27, 2020,…
RT @crimegarden: * One inmate at Toronto South Detention Centre has tested positive for COVID-19. It is the second largest jail in Canada.
RT @rodmickleburgh: ICYMI, wonderful obit by @jana_pruden of a remarkable Canadian RT Joyce Milgaard was the symbol of a mother’s relentles…
RT @AMoustacalis: An important measure to increase parole availability and passes, and electronic parole hearings. @LegalAidOntario should…
@petersankoff Great talk on the problems with the law forcing an accused person to disclose text messages before tr… https://t.co/qb4B66GTjg
RT @johnstruthers: The CLA will let you join for free during the crisis to stay informed and work together right now. Doing all we can. @Cl…
RT @The_DCAO: The DCAO and @ClaOntario have been providing volunteers to address matters in the Ontario Court of Justice. The vast majority…
RT @johnstruthers: The health and safety of everyone comes first. The Criminal Lawyers’ Association has determined that we must have our vo…
RT @DanielBrownLaw: Opinion: During a pandemic, prisons pose a special risk. We need to release non-violent offenders https://t.co/rNpG2mc…
RT @OntarioOn: Due to COVID-19, the OCJ is making changes to court operations across the province for criminal, family and POA matters. htt…
RT @johnstruthers: The CLA had provided Counsel on call to all RSCJ and RSOCJ Judges to assist in any way possible. Two CLA reps will be in…
RT @atrishalewis: At Convocation this morning, ready to vote on two significant motions which if passed, will undermine equity at the LSO.…
RT @gibvanert: Here’s a thread on Bill C-5, the government bill requiring newly appointed judges to take seminars on sexual assault law. It…
RT @PJMazereeuw: The government just tabled its bill to mandate sexual assault training for judges—Bill C-5. Justice Minister David Lamet…
RT @GabrielPoliquin: Don’t bring patronage back into naming of judges https://t.co/Ovlk8Qp3oo via @torontostar
RT @JacquesGallant: NEW: The Ford government has floated taking more control over who gets chosen as a provincial court judge in a new prop…
Recent Ontario criminal cases could require retrial after court rules new jury selection rules were misapplied… https://t.co/6b9SA6I22r
RT @ClaOntario: From Ottawa Director Leo Russomanno @len_1980: Stop isolating inmates with restrictive telephone policy, Ontario, via @Ot…
RT @LawyerinToronto: Some thoughts I had over the holidays about our social pact with one another and legal aid: https://t.co/2dYjA72ebN
RT @Nader_Hasan_law: That’s part of the problem with this new regime. What used to be a half-day trial is now an odyssey of seemingly endl…
RT @petersankoff: 1/ All right. Here we go. This is going to be a long thread, so bear with me. I apologize in advance. Here are the result…
RT @AEnenajor: Liberals' sex assault trial reforms run into trouble as more judges find Charter violations https://t.co/jNvFvM1w2j
RT @DanielBrownLaw: Legal aid cuts mean Ontario has abandoned the right to a fair trial. An op-ed from Louis Strezos and me. Cc: @fordnat…
RT @JeffRybak: Extremely good analysis of how Ford and Downey are not just starving Legal Aid of money, but gutting its mandate. If anyone…
RT @mspratt: 'Smarter and stronger'? @douglasdowney’s new Justice bill is a Trojan Horse for shadow cuts to legal aid. And it paves the way…
RT @gowlingwlg_ca: On Monday, our Ottawa partner @robaburto received the Service Cross award from the Honourable @LGLizDowdeswell, Lieutena…
RT @mspratt: From me in the @OttawaCitizen on another injustice from the fall out of @fordnation and @douglasdowney legal aid cuts. They a…
RT @Halfyard_Law: John Struthers named president of Criminal Lawyers’ Association https://t.co/tOpte2EUQY - look forward to working with @j…
RT @johnstruthers: The independence of the Judiciary depends on “no debts” owed to Politicians. The Judicial Appointments Advisory Committ…
RT @DinoBottosLaw: Congrats to my colleagues @petersankoff and @wvanengen who won an extremely important decision today on the constitution…
RT @adamweisberg: Ever notice the years get shorter as you age? Imagine how long 18 months feels for a 12yr old... the SCC says Jordan cei…
RT @IRPlawyer: Well that’s that, folks. The SCC has ruled that the 18-month presumptive ceiling for a trial also applies to matters in yout…
RT @RicksDesk: @IRPlawyer @WoodfordinDK Here is the full US federal court decision against warrantless searches of travelers smartphones at…
RT @cazasaikaley: Alyssa Tomkins @alyssa_tomkins and Marie-Pier Dupont successful in resisting motions to dismiss Charter application or ha…
RT @LindsayBoard: Court of Appeal for Ontario in R. v. Charley, 2019 ONCA 726 caps post-verdict delay at 5 months - a separate presumptive…
RT @crimlacy: Are the new jury selection procedures in Criminal Code actually going to improve efficiency or just cause further delay? My c…
Ontario’s top judges slam Ford government over cuts to legal aid https://t.co/OeSyqcYZbK via @torontostar
RT @crimlacy: CJ Maisonneuve similarly echos CJ Strathy’s comments about need for proper funding of @LegalAidOntario and need for “robust”…
RT @shaaminiwhy: Peter Sloly has been hailed as a charismatic, progressive policing leaders, he’s also been criticized for being too radica…
RT @EmilyDixonLaw: A lot has been said about LAO cuts, changes in DC services, time wasted in set date court and the need for phone or inte…
RT @DanielBrownLaw: In a groundbreaking judgment, an Ontario judge has struck down a law imposing a mandatory conviction for impaired drivi…
RT @TrevinDavid: Time and again aboriginal accused, esp. those in custody, are faced with two choices: Stay in jail longer so judge can ful…
Ontario judges reject two Charter challenges of Liberal government's sex assault reforms, passed after Ghomeshi cas… https://t.co/Kd9vVPQvhU
RT @SewrattanLaw: R. v. Bulhosen, 2019 ONCA 600: A 30-month Jordan ceiling applies when the Crown prefers an indictment to the Superior Cou…
Dennis Oland found not guilty in retrial over multimillionaire dad's 2011 death | CBC News https://t.co/PBOObym9Tp
Justice minister approves second device for testing drivers' saliva for cannabis use https://t.co/GSIvSkupvr via @nationalpost
RT @MJ_Esq: s. 33 of Ontario's Juries Act provides 4 #peremptory challenges for each litigant if the jury trial is a civil proceeding. This…
RT @vanessa_macd: Longtime @OttawaCitizen columnist Mohammad Adam in today’s paper: Carding blacks has to stop - right now. Agreed. https:/…
RT @vanessa_macd: Any need for ID only practically arises AFTER the arrest to formalize the arrest. 3/n
RT @vanessa_macd: For those who have been asking, in response to the carding incident at uOttawa this week, here is some information on the…
RT @EdTubb: This is a remarkable ruling, equivalent to nearly 3 to 1 credit for time served at the jail. https://t.co/s6S7cpcLK5 via @toron…
Raising middle finger relays information, judge rules in case of man accused of breaching no-contact order… https://t.co/uTf34O1ndM
RT @nationalpost: Chris Selley: The Liberals' police-state impaired driving law has to go https://t.co/PcKA1awLBN https://t.co/vHf2WJIQZH
RT @petersankoff: I do not think this would be a positive development for s 24(2), and will complicate matters enormously. While I do think…
Why Canada's money-laundering problem is far bigger than we think https://t.co/g2uCVwKf5w via @nationalpost
Christie Blatchford: Changes to ‘rape shield’ part of sex assault law challenged at top Ontario court… https://t.co/v78svb7JBl
RT @megan__savard: It was a pleasure to represent @ClaOntario on #Barton. Pleased the SCC resisted calls to substantively change law of sex…
RT @RobCurrieMusic: Remember folks, Canada has extradition treaties with most of the states named in this article, and our courts typically…
RT @Longreads: "I think what you’re really seeing here is how the decline of the trial intersects with the lack of accountability for prose…
Christie Blatchford: Being questioned on your sexual history is the cost of justice, lawyers say https://t.co/wUFdbunMWI
RT @GreenspanLLP: Is the standard R. v. W.D. instruction "misleading and confusing" and in need of an overhaul? The Alberta Court of Appea…
RT @SewrattanLaw: R. v. Bartholomew, 2019 ONCA 377 at para. 22: Re: a complainant's motive to fabricate. The absence of evidence is not the…
RT @AEnenajor: It was an honour to testify in Ottawa today on Bill #C75 w/ @DanielBrownLaw on behalf of the @ClaOntario. We implored the @S…
RT @SDiGiuseppeLaw: It’s shameful for @C_Mulroney to cont. @fordnation’s rhetoric about LAO lawyers: “w/ renewed accountability at lega…
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Court of Appeal on sentences for trafficking synthetic opiates
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 Court of Appeal stated:
As for the second ground of appeal, contrary to the appellant’s contention, the 12-month sentence for the hydromorphone offence is not harsh and excessive. Hydromorphone is a synthetic heroin substitute and is as serious a drug as heroin. Trafficking in heroin, even small amounts, will attract penitentiary time.
Ottawa Drug Lawyer
Charged with “drug trafficking” or “possession for the purpose of trafficking” in Ontario? Contact Ottawa Criminal Lawyer Brett McGarry to discuss the best defence for your case at (613) 884-8576.