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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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To make a legal breath-demand the police must believe that the drinking and driving offence happened within the previous three hours. Usually, the police actually stop someone while they are driving, and so the three hour window will not be an issue. When the police do not actually see the driving, however, a number of […]
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In R. v. Marchese, 2015 ONCJ 126, the accused was caught with four Fentanyl patches. He was an opiate addict, due to getting hurt at his job as an airplane mechanic. As a result of a surgery he was prescribed Oxycocet and became addicted. Mr. Marchese entered a guilty plea to simple possession of Fentanyl, […]
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In a recent 2015 case, Justice Melvyn Green found a driver not guilty of refusing a roadside breath test. The police explained the test and gave the driver six chances to blow. The judge was not convinced that the driver intentionally failed to blow: I appreciate that the provision of a roadside sample is, at […]
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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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The prosecution often gets a police “expert” to testify about whether seized drugs were “for the purpose of trafficking” in Ontario drug trials. These experts look at the quantity of the drugs and other indicators of drug trafficking, like the presence of cash or debt lists. Defence counsel must eliminate, or strictly limit, the use […]
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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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The “Carter defence” allowed an accused person to rebut the readings an Intoxilyzer by testifying about how many drinks they consumed. This was also known as the “two beer” defence. The 2009 changes to the Criminal Code effectively banned an accused’s self-reported drinking history from challenging the breath readings. The Ontario Superior Court recently confirmed […]
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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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