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
- 15Jul
Justice minister approves second device for testing drivers' saliva for cannabis use https://t.co/GSIvSkupvr via @nationalpost
- 26Jun
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…
- 20Jun
RT @vanessa_macd: Longtime @OttawaCitizen columnist Mohammad Adam in today’s paper: Carding blacks has to stop - right now. Agreed. https:/…
- 19Jun
RT @vanessa_macd: Any need for ID only practically arises AFTER the arrest to formalize the arrest. 3/n
- 16Jun
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…
- 12Jun
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…
- 08Jun
Raising middle finger relays information, judge rules in case of man accused of breaching no-contact order… https://t.co/uTf34O1ndM
- 07Jun
RT @nationalpost: Chris Selley: The Liberals' police-state impaired driving law has to go https://t.co/PcKA1awLBN https://t.co/vHf2WJIQZH
- 29May
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…
- 29May
Why Canada's money-laundering problem is far bigger than we think https://t.co/g2uCVwKf5w via @nationalpost
- 29May
Christie Blatchford: Changes to ‘rape shield’ part of sex assault law challenged at top Ontario court… https://t.co/v78svb7JBl
- 24May
RT @megan__savard: It was a pleasure to represent @ClaOntario on #Barton. Pleased the SCC resisted calls to substantively change law of sex…
- 20May
RT @RobCurrieMusic: Remember folks, Canada has extradition treaties with most of the states named in this article, and our courts typically…
- 15May
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…
- 15May
Christie Blatchford: Being questioned on your sexual history is the cost of justice, lawyers say https://t.co/wUFdbunMWI
- 14May
RT @GreenspanLLP: Is the standard R. v. W.D. instruction "misleading and confusing" and in need of an overhaul? The Alberta Court of Appea…
- 08May
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…
- 03May
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…
- 01May
RT @SDiGiuseppeLaw: It’s shameful for @C_Mulroney to cont. @fordnation’s rhetoric about LAO lawyers: “w/ renewed accountability at lega…
- 30Apr
RT @AnthonyNMorgan: My brother’s in jail. Why does talking to him require hundreds of dollars a month and 1990s technology? https://t.co/vI…
- 30Apr
RT @crimlacy: @EmilieTaman @chorkins A public defender model is also more expensive. It is not fee for services. It requires employees on…
- 30Apr
Charter challenge to mandatory alcohol screening puts random stops, provincial penalties under spotlight… https://t.co/UiI1y6KxuW
- 25Apr
RT @RobCurrieMusic: New article by me and my wonderful grad student, Laura Ellyson: "Extradition and Trial Delays: Recent Developments (and…
- 25Apr
RT @DanielBrownLaw: Coming to a courthouse near you: What stopped the Boyle trial could put every single sex assault case 'in limbo' https:…
- 24Apr
RT @Hartamophone: The only way this could be more satisfying is if 15,000 Leafs fans now had to spend two hours trying to leave the CTC par…
- 23Apr
After lengthy delay, government prepares to approve second device for testing drivers' saliva for cannabis… https://t.co/UDJfFuCvCz
- 21Apr
RT @DanielBrownLaw: A Leading Cause for Wrongful Convictions: Experts Overstating Forensic Results https://t.co/fCLWUU7TC6
- 18Apr
RT @ClintSmithIII: Everyone should take the time to read this. One of the most thoughtful pieces written on prison abolition that I’ve read…
- 18Apr
RT @JoshuaSealy: From a comparative standpoint, it is interesting/disturbing to see Canadian politicians misleadingly politicizing judicial…
- 17Apr
RT @ClaOntario: Written by Brian Greenspan, past president @ClaOntario - Did Jody Wilson-Raybould understand her role as attorney-general?…
- 10Apr
RT @FurgiueleAndrew: Interesting search warrant case today from #ONCA - split 2-1, Charter breach and evid exclusion upheld; key issue for…
- 14Mar
RT @ClaOntario: The @ClaOntario is pleased to announce our 2019 #BencherElection2019 Endorsements. Find our more by going to https://t.co/y…
- 03Mar
RT @len_1980: Evidence withheld by Halifax police. Outrageous misconduct. And the former Minister of Justice sat on this case for a year wh…
- 12Feb
RT @cazasaikaley: Bravo @marco_suave, récipiendaire du prix du juge principal régional de l’ABCC cette année! Congratulations Marc and to a…
- 10Feb
RT @Hartamophone: Quick PSA (without editorializing): The sentence was NOT 40 years. It was life, with no chance of parole for the first 40…
- 10Feb
RT @len_1980: No juries in Ontario are representative, because they systemically exclude Indigenous jurors and anyone who doesn't own prope…
- 05Jan
Chris Selley: Police carding ought to be an anathema in a free society. How is it still up for debate?… https://t.co/iwblIzMkaB
- 30Dec
RT @adamweisberg: The accused is often offered “virtual dates” as in dates where no court is actually available in this dimension. So you d…
- 30Dec
RT @Nader_Hasan_law: I think we need to do something about this practice of offering “virtual dates.” It leaves the impression that the cou…
- 30Dec
Canadian lawyers worried about proposed changes to trial system https://t.co/kCGHTBtotX
- 30Dec
Stiff new penalties for distracted, impaired driving in Ontario begin on Jan. 1 https://t.co/9jTU8lc6cI
- 29Dec
The Secret Barrister: 'Without legal aid, the rule of law collapses' https://t.co/4oGvOPml3z
- 18Dec
'A radical departure': Stricter drunk driving laws take effect across Canada, but experts warn of baseless searches… https://t.co/bGqVQ8ICae
- 03Nov
RT @AEnenajor: Know your rights! From today, in Ontario, no police record check can ever disclose police contact where a criminal charge wa…
- 02Nov
RT @Longreads: "For the better part of two decades, an important set of assumptions has underwritten our use of the internet. In exchange f…
- 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…