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 […]
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, […]
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 […]
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 […]
What are the sentences for Possession and Trafficking of Fentanyl in Ottawa & Ontario? Given that Fentanyl is a relatively new street drug, the applicable sentencing ranges have yet to be clearly established by the courts in Canada. The few sentencing cases to date suggest that Fentanyl offences will be treated much like heroin offences. […]
Many jobs and volunteer positions require a “vulnerable sector” police record check. The results often leave Canadians stunned. It is a rude surprise to learn that you have a “record”, despite never being charged or convicted of a crime. A shop-lifting accusation may show up as theft occurrence. A traffic stop with a friend who […]
Ontario Court of Appeal rules that three-year mandatory minimum jail sentence for loaded handguns is unconstitutional.
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.
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.
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.
Legal Commentary
Brett McGarry
- 352 Elgin Street, K2P 1M8 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373
Latest Tweets
- 12Oct
Police struggling with how they'll collect blood samples from suspected drug-impaired drivers https://t.co/QscC62r2I1 via @nationalpost
- 09Oct
Boring speakers really do drone on for longer: British scientist https://t.co/a0MsEMfHO2 via @nationalpost
- 08Oct
Too high to drive? Enforcement of drug-impaired driving in Ontario could face roadblocks similar to those encounter… https://t.co/6kI6rhyLtC
- 29Sep
Court drops bomb by ruling against constitutionality of military justice system https://t.co/yoq4Zwg9tE
- 29Sep
Cannabis IQ: Police chiefs doubt roadside testing device, new rules in Ontario and more https://t.co/k9cAn8DstC
- 28Sep
RT @AEnenajor: When the Crown, the defence, legal clinics & bar associations are united in opposition to a criminal justice reform bill, it…
- 28Sep
RT @LisaHJorgensen: Crowns add their voices to chorus of opposition to key criminal justice reforms proposed in Bill C-75 https://t.co/thI6…
- 28Sep
RT @kittypurrzog: They’re both telling the truth. https://t.co/CUdqQcdn82
- 28Sep
RT @DanielBrownLaw: Crown calls one-year jail sentence ‘unfit’ after judge takes anti-Black racism into account. @ClaOntario will be applyi…
- 28Sep
RT @kellymdoctor: Objection! Is back tomorrow. We’re recording our final tweaks to episode 3 tonight. https://t.co/nvERZLVjQR
- 27Sep
Ottawa police take legal action against officer who posted leaked audio of police union president https://t.co/LDzua8xumA
- 27Sep
Christie Blatchford: This judge did everything right, his only sin is not being Indigenous https://t.co/fxbsHdheuF via @nationalpost
- 18Sep
Canadian police forces hold off on ordering the only device approved to test saliva for THC https://t.co/LYqQsc1qDN via @nationalpost
- 18Sep
RT @len_1980: LAO representative now up. Arguing for the efficacy of preliminary inquiries, which #c75 aims to get rid of in most cases.
- 02Sep
RT @RHDefence: This is the main counterpoint to the hysteria I have heard since Spies J. ruled the defence could go ahead. It’s a defence t…
- 01Sep
Intoxication sex-assault ruling will affect tiny number of cases, law prof says https://t.co/zFt1FNW1I4
- 31Aug
RT @crimlacy: Trotter JA releases first degree murder appellant https://t.co/LsujLhJP2n
- 28Aug
Liberals approve first saliva screening roadside test for marijuana https://t.co/vyiSoBbm8p
- 23Aug
RT @crimegarden: Ottawa lawn police are hard at. Stay safe out there. https://t.co/XY3n8R3Bje
- 22Aug
Wilson-Raybould vows to ‘advance change’ on MMPs after latest judge strikes down mandatory minimums https://t.co/3FkKGRpElT
- 21Aug
RT @WiretapLawyer: Here is my post on developments in the law governing the searches of electronic devices by agents on both sides of the U…
- 19Aug
RT @DanielBrownLaw: Opinion | A defence lawyer’s take on how to stop criminals getting handguns from @LawyerinToronto https://t.co/iuahgcwE…
- 16Aug
Ottawa judge strikes down two mandatory minimum sentences for 'nice' pimp https://t.co/ET4jF9aPPN
- 14Aug
Ontario abruptly switches course to allow privately-run marijuana stores, but they won't open until April 2019 https://t.co/xdFcZxKIUD
- 13Aug
Cannabis users will drive into murky territory when they get behind the wheel https://t.co/vc2VQ4U7S3 via @torontostar
- 29Jul
RT @DanielBrownLaw: Miscarriage of justice? Junk science, hypnotized witnesses, faulty DNA evidence and a jailhouse informant put Duray Ric…
- 25Jul
RT @Experts_Com: Adolescent brain #expertwitness may testify at Cape Cod murder trial https://t.co/kErwEo1m3Z. It'll be interesting to see…
- 25Jul
RT @crimlacy: Will @DerstinePenman be off to @SCC_eng again with compelling dissent on issue of exclusion of unconstitutionally obtained ev…
- 25Jul
RT @GreenspanLLP: It’s 10:17 and JOP in 117 court is nowhere to be seen. Imagine a world where simple consent adjournments did not require…
- 24Jul
Hassan Diab to boycott external review of 2014 extradition to France | CBC News https://t.co/UdHb6qrlot
- 21Jul
RT @adamweisberg: The Jordan decision has not simplified the jurisprudence nor is it some windfall for defendants. It’s extended timelines…
- 19Jul
Colby Cosh: A judge just blew up a long-standing charitable rule, and the Liberals cannot be pleased… https://t.co/6dkzOEFSJ9
- 17Jul
RT @crimlacy: Excited to confirm that @DavidSRudolf will be the keynote speaker at this years @ClaOntario fall conference November 9th and…
- 16Jul
Remembering Ray Emery https://t.co/MopzJDt1Mn
- 15Jul
RT @MJ_Esq: Will @C_Mulroney fix the Juries Act? Tax paying citizens who have been convicted of an offence that may be prosecuted by indict…
- 13Jul
RT @NeubergerLaw: Bill C-51 - Evidence in Sexual Assault Cases - "A direct Attack on the Right to Make Full Answer and Defence" https://t.c…
- 12Jul
RT @ClaOntario: https://t.co/pyfRjc5wcF
- 12Jul
RT @MJ_Esq: In 1955, young Emmett Till was brutally beaten and killed in Mississippi. His white killers were tried by an all white jury, wh…
- 10Jul
Colby Cosh: The Liberals' random breath testing will turn everything into an airport https://t.co/ma27t92IME via @nationalpost
- 10Jul
Collision detective won't be qualified as expert witness, judge rules in dangerous driving case https://t.co/aTzDiBQW77
- 09Jul
RT @JacquesGallant: My series on delays and inefficiencies in the criminal justice system launched today. Part 1 focuses on a system stuck…
- 07Jul
The Bungled Bank Robbery That Ended in a Landmark Legal Ruling https://t.co/8hHAlngk5r via @longreads
- 07Jul
RT @petersankoff: 5/ Advantage #2 - Section 5 distinguishes the refusal of an answer more clearly from the use at a later proceeding. Secti…
- 07Jul
RT @petersankoff: 4/ Advantage #1: There is no "quid pro quo" nonsense. It's completely unnecessary to resolve why the person was called; w…
- 07Jul
RT @petersankoff: 1/ I've done this before, but since I'm updating my book, in this thread I will remind every lawyer why they should have…
- 06Jul
Detectives came to opposite conclusions whether trucker could see cyclist before fatal collision https://t.co/nyeFYpKjYh
- 27Jun
RT @megan__savard: Three fantastic lawyers + an important expose on how nice mens' robing rooms are. I truly had no idea https://t.co/SMza7…
- 21Jun
And now for years of Charter challenges: Canada's impaired driving laws just got a huge and controversial overhaul https://t.co/cksI5uPb2a
- 21Jun
RT @dominiclamb: This was the @LawSocietyLSO building in Ottawa until 2001 - they sold it and replaced it with...nothing. I did bar ads and…
- 20Jun
RT @rp_browne: Even though weed legalization is happening on Oct.17, there's nothing in the legislation about granting amnesty/pardons for…
- 14Jun
RT @FurgiueleAndrew: New big case from #ONCA: appeal allowed; questioning of a sex assault complainant improperly curtailed AND trial judge…
- 07Jun
RT @EmilieTaman: @SolomonFriedman It’s important too not to understate the economic impact of sitting on a jury (esp for a long trial) and…
- 07Jun
RT @jsaikaley: Supreme Court of Canada releases important decision in https://t.co/jB7HFUgw6L v. Goldhar on jurisdiction of the Ontario Cou…
- 04Jun
Challenging trial by jury without cause | Law Times https://t.co/IwIz1hsAH5
- 01Jun
RT @ClaOntario: Supreme Court overturns misconduct conviction in defence of lawyers’ right to advocate strongly for clients via @globeandma…
- 01Jun
RT @dominiclamb: Blood Will Tell, Part 1: Who Killed Mickey Bryan? https://t.co/aB7iDFp493
- 31May
RT @FurgiueleAndrew: Decision from #ONCA overturning a trial judge staying a case for delay. This is what 11(b) jurisprudence looks post-Jo…
- 31May
RT @KPateontheHill: Proposed Law to Give Judges Discretion to Not Impose Mandatory Sentenceshttps://t.co/1B2isvFNUn
- 31May
RT @RobCurrieMusic: I did some commentary in this story. It's high time we had a close look at Canada's extradition laws. @JusticeforHDiab…
- 29May
RT @powellbetsy: Accused in teardrop-tattoo case pleads guilty to manslaughter, released after almost 11 years. “God is good,” Abbey told h…
- 25May
RT @TondaMacC: For morning crowd. Crown supports #SCC changing legal protections for journalists sources too, setting stage for Wagner cour…
- 25May
RT @DanielBrownLaw: Follow @TondaMacC who is covering today’s @SCC_eng hearing about whether journalists have a constitutional right to pro…
- 25May
Senators vote to remove random roadside alcohol testing from impaired driving bill https://t.co/AuGj1aMyIX via @nationalpost
- 23May
RT @SewrattanLaw: R. v. Notaro, 2018 ONCA 449: The failure of a police officer to consider that a roadside breath sample is affected by res…
- 14May
RT @SewrattanLaw: R. v. Vorobiov, 2018 ONCA 448 at para. 27: Where a key Crown witness is cross-X, where the credibility of that witness is…
- 04May
RT @MJ_Esq: Thankfully, we still require juror unanimity in Canada! "Whereas split verdicts are acceptable in England, in America they can…
- 04May
RT @MJ_Esq: In Canada, should we continue to prohibit jurors from discussing their deliberations - even for academic purposes? In the US, j…
- 03May
RT @len_1980: This is nuts, and our extradition process is a joke. https://t.co/f10mlVlonP
- 28Apr
RT @FairPunishment: Seattle City Attorney moves to vacate marijuana possession convictions from 1996 – 2010. "While we cannot reverse all t…
- 25Apr
RT @ProvArchivesAB: Exterior of the first jail in Calgary, Alberta. "Built by two lawyers, who on the day of its completion, celebrated to…
- 25Apr
RT @selwynpieters: @crimlacy Thanks. Let me bookmark this to watch later.
- 22Apr
RT @mspratt: But that is crazy you say? Except the Crown does it and the SCC found it was appropriate. https://t.co/Xk4DT9WNYC
- 22Apr
Judge lambastes Legal Aid Ontario after it foots bill for woman who married her ex-boyfriend after he suffered a ‘c… https://t.co/SA7Q0actQK
- 22Apr
RT @qz: This is how the feds can flip Michael Cohen https://t.co/I7PvK7XWzd
- 18Apr
RT @DanielBrownLaw: It’s a busy week for the @ClaOntario at the @SCC_eng. Today we challenged the constitutionality of mandatory victim fi…
- 17Apr
RT @DanielBrownLaw: Is a mandatory victim fine surcharge cruel and unusual punishment? Proud that @ClaOntario will be arguing before the @S…
- 12Apr
RT @addariolawgroup: Judge slams cops after heroin removed from anesthetized patient at Toronto hospital https://t.co/hhkwSaV1xw via @toron…
- 11Apr
RT @JGoldLaw: Allowing police to file evidence without being cross-examined shows such utter disregard for the Presumption of Innocence and…
- 11Apr
RT @ICPSLONDON: Canada - Sen. Kim Pate to introduce bill aimed at mandatory minimum penalties https://t.co/TabTXIxStR
- 11Apr
RT @DanielBrownLaw: The ‘hidden’ piece of the Liberal crime bill: police may get to skip court. Excellent commentary by @crimlacy @LisaHJo…
- 11Apr
RT @crimlacy: CLA Position Paper: BILL C-75: https://t.co/hyHiXJZPN7
- 11Apr
RT @Nader_Hasan_law: Although I have a ton of respect for Profs. Roach and @dtanovich , I disagree with them strongly on #BillC75 eliminati…
- 03Apr
RT @APLawToronto: The state creates the law. The state investigates you, charges you and prosecutes you. The state selects the judge and cr…
- 03Apr
RT @EmilieTaman: In prepping tomorrow’s lecture on wrongful convictions was reminded of Justice Lesage’s recommendation following the Drisk…
- 03Apr
RT @crimlacy: Another piece from a usual suspect praising a government that is proposing to undermine fundamental rights and procedures in…
- 02Apr
RT @ClaOntario: 'Very shortsighted': Why Sask. defence lawyers don't want preliminary inquiries restricted | CBC News https://t.co/VBHUUpwr…
- 01Apr
RT @PerrinBen1: #C75 question: How does "standardiz[ing] the maximum penalty of imprisonment for all summary conviction offences to 2 years…
- 01Apr
RT @CBCAlerts: Liberals' post-Boushie move to axe peremptory challenges in jury selection could actually make juries less diverse, defence…
- 31Mar
RT @AEnenajor: Exams for discovery are routine in civil trials. Prelims fulfill similar function in crim trials. Bill #C75 would gut prelim…
- 30Mar
RT @Nader_Hasan_law: A standard jury instruction that trial judges give to jurors is that you should evaluate the credibility of police off…
- 30Mar
RT @robinparker_plg: How do I challenge white jurors to get the SINGLE Indigenous person on the panel onto the jury because gov has not imp…
- 30Mar
RT @len_1980: I was with @dominiclamb at the Senate Committee on delays in the justice system, on behalf of @ClaOntario . There was zero ta…
- 30Mar
RT @petersankoff: 12/ And from there, the criminal justice system will be one big laboratory, w/ multiple constitutional challenges, judges…
- 30Mar
RT @LawyerinToronto: The general public—who are simply the accused of tomorrow—needs to understand right now that their gov’t just gutted a…
- 30Mar
RT @CBA_News: The CBA has serious concerns with the proposed impaired driving bill, which could carry serious repercussions for permanent r…
- 30Mar
RT @LisaHJorgensen: @reid_law @LawyerinToronto It's genuinely scary. The uneducated assumption that the nuts and bolts of police investigat…
- 30Mar
RT @LawyerinToronto: Perhaps the worst thing in new bill: “..the court may allow routine police evidence..to be received in evidence by aff…
- 30Mar
RT @ClaOntario: We are extremely disappointed with today’s announcement from @JusticeCanadaEN. The Jordan decision was meant to encourage a…
- 30Mar
RT @len_1980: If you don't address problems with representativeness in the jury pool, which is overwhelmingly white and middle class as sug…
- 28Mar
RT @MicahRankin: Another example of a case that shows how the inscrutable concept of "police officer experience" has overwhelmed the reason…