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
- 18Sep
RT @ClaOntario: Ontario to toughen penalties for driving under the influence of marijuana https://t.co/YQqkJq2u0P via @torontostar
- 15Sep
RT @ClaOntario: OPP overhauls sexual assault investigation process via @globeandmail https://t.co/jvbqZrAOdx
- 14Sep
RT @ClaOntario: Cannabis ticketing regime could hurt those who plead guilty https://t.co/LOR27IU92d
- 12Sep
RT @DanielBrownLaw: My editorial: Police who lie erode public faith in court system https://t.co/Afmpc2TIK4
- 10Sep
RT @SeanRobichaud: What Netflix's "The Confession Tapes" Teach Us about the Psychology of Interrogations https://t.co/Gna26cPAyQ
- 06Sep
Toronto judge stays charges in fatal Radiohead stage collapse due to trial delays https://t.co/1WaciEOvFo via @torontostar
- 05Sep
RT @DerstinePenman: This is another cautionary tale about needing to be so careful that science does not cause wrongful convictions https:/…
- 04Sep
RT @penottawa: The domino effect. How charges against police can reverberate through the courts https://t.co/zLKMOwOQe4 via @torontostar #l…
- 28Aug
RT @JohnHoward_Can: In Canada,' a group of musicians recorded an album from behind bars: Bravo Chris Brown + Pros and Cons https://t.co/lA0…
- 28Aug
Trump’s Brand of Law and Order Leaves Leeway on the Law https://t.co/InAsEOoGRg
- 27Aug
RT @OttawaCitizen: Egan: Ottawa's first Indigenous Peoples Court opens Sept. 11 https://t.co/GNIo5fGEw5 https://t.co/rAykP1UFsT
- 17Aug
RT @crimlacy: #ONCA Lying through ommision can support perjury conviction in some circumstances: https://t.co/ckGZTNP8vG
- 14Aug
RT @FurgiueleAndrew: Another strong decision from #ONCA on the dangers of ID/recognition evid. Appeal allowed, acquittal entered: https://t…
- 14Aug
Editorial: Drunk-driving proposal needs some sober second thought https://t.co/f6u60l7CPM
- 12Aug
RT @ian_mendes: I wish I didn't have to share this today, but here was my tribute piece to Bryan Murray for TSN back in January. https://t.…
- 12Aug
RT @jsaikaley: My condolences to Bryan Murray's family and friends. Huge loss for the Sens, Ottawa and the hockey community. Thank you for…
- 12Aug
RT @crimlacy: Agreed. Neither presumption of believability nor inappropriate stereotypes or sexist questions have place in courtroom https…
- 11Aug
RT @WiretapLawyer: Cell site location data is a warrantless "proxy tracking system for law enforcement". @TimCushing via @techdirt https:/…
- 09Aug
Ottawa mulls tougher drunk driving laws by lowering legal alcohol limit to 50 mg% https://t.co/FMeEfZHlGo via @torontostar
- 09Aug
RT @ccla_abcc: We've posted info on a new Integrated Family and Criminal Court (IFCC) Protocol on our website. Check it out: https://t.co/M…
- 08Aug
RT @dtanovich: Defendants Kept in the Dark About Evidence, Until It’s Too Late - https://t.co/hpED9L6uxr https://t.co/wMpqX1xQ53
- 07Aug
RT @BCProvCourt: US judges Posner & Rakoff debate on: how much lawyers affect outcomes & age limits for US federal judges (none now) https…
- 06Aug
RT @CBCToronto: Hay fever or high? Toronto police preparing for legal pot, but can't rely on tests for impaired drivers https://t.co/8bH9nh…
- 05Aug
Another case showing why junk science and experts need to be pushed out of court. https://t.co/RUsrISjloV
- 02Aug
And we say delay is a problem? Anh Quang Nguyen to face his trial by jury, despite defence wanting judge alone trial https://t.co/5NEp1iIdcT
- 01Aug
She Was Convicted of Killing Her Mother. Prosecutors Withheld the Evidence That Would Have Freed Her. https://t.co/t2OmybSiTD
- 29Jul
RT @TorontoStar: A few bad apples? The only way to ensure they remain “a few” is if they are identified and removed: @thekeenanwirehttps:/…
- 29Jul
Esseghaier terrorism case highlights tricky collision between mental illness and extremism https://t.co/Rp9VoFXW2B via @nationalpost
- 22Jul
Charges stayed against Toronto man after ‘cruel and unusual’ treatment by officer https://t.co/RupmPqWKjT via @torontostar
- 18Jul
RT @mspratt: This makes me very happy. You are a lucky province BC. @Dave_Eby https://t.co/gEofVeuN5O
- 17Jul
Reevely: A beer, a hot dog, and new life in Major's Hill Park https://t.co/0UYSKeBvok
- 17Jul
RT @OttawaCitizen: $255K awarded to woman for wrongful arrest, imprisonment by Ottawa police https://t.co/7rgdLdU6Xt https://t.co/3yD5iqlg0F
- 16Jul
A Presumption of Guilt https://t.co/q2xiQvgh1Q via @nybooks
- 14Jul
RT @DerstinePenman: Letter: Bill C-51 would infringe rights of the accused https://t.co/tGJkfIUoFo
- 14Jul
RT @nationalpost: This darknet market went from drug-dealing to banking, then vanished with millions https://t.co/4yK0jngKYU #business http…
- 14Jul
Canadian judge rejects bid from U.S. soldier’s widow to freeze Omar Khadr’s assets https://t.co/YWG7nXFQSS via @torontostar
- 12Jul
RT @JudyTrinhCBC: The empathy gap between Canada & Khadr https://t.co/Y1gpkkL1tq
- 11Jul
Piché: Why a new Ottawa jail won't necessarily make things better https://t.co/wmBUaOkGtQ
- 10Jul
RT @dtanovich: Judge blasts OPP officers for ‘egregious’ strip search of impaired driving suspect https://t.co/q5a49M1oYu
- 08Jul
RT @rp_browne: new Buffalo opioid court has about 56 participants - they get treatment not jail as case proceeds https://t.co/ReaW5JEjA8
- 06Jul
RT @DerstinePenman: Important new case from OntCA on similar fact. Nice to receive new clarity narrowing admissibility. https://t.co/WBZOl…
- 06Jul
RT @OttawaCitizen: Ottawa man who spent 18 months in solitary sues jail https://t.co/mzaASTjdG9 https://t.co/MpIY5sXO9q
- 05Jul
RT @ipoliticsca: Feds seeking bids for drug-impaired driving campaign. @BJSiekierski reports. https://t.co/xNOMK7Pimc #cdnpoli https://t.co…
- 05Jul
Colby Cosh: The problem for Omar Khadr isn’t the dodgy evidence, it’s that he exists at all https://t.co/Nv4WurYMjy via @nationalpost
- 01Jul
RT @globeandmail: Supreme Court of Canada toughens hearsay rules for criminal trials https://t.co/VXGtDQRImH
- 29Jun
RT @WiretapLawyer: Global Internet Takedown Orders Come to Canada: Supreme Court Upholds International Removal of Google Search Results htt…
- 29Jun
RT @mspratt: So Ottawa defense counsel - let's support the rights of indigenous people and represent these accused pro bono.... https://t.c…
- 29Jun
RT @APTNNews: Nine arrested after RCMP blocks teepee raising on Parliament Hill: https://t.co/q9IvAjRfaR https://t.co/yslh4a9uTU
- 27Jun
RT @SeanRobichaud: A must read by @blatchkiki: https://t.co/u05pCZ4pj5
- 23Jun
RT @ClaOntario: Brendan Dassey from ‘Making a Murderer’ was coerced into confession, judges affirm https://t.co/Fqt8Q242BQ via @torontostar
- 23Jun
RT @ClaOntario: Supreme Court ruling emboldens prosecutors to fight dismissals if case is complex by: @SeanFineGlobe https://t.co/rDzGTNWUlY
- 23Jun
RT @DinoBottosLaw: CanLII - 2017 ABCA 194 (CanLII) At long last,an existential attack on the stacking of panels in the ABCA by BergerJ. htt…
- 23Jun
RT @AEnenajor: I discuss 2 troubling aspects of recent #SCC decision R. v. Cody that threaten right 2 full answer & defence https://t.co/Dq…
- 19Jun
Dawson: Court delay fixes should have us on edge https://t.co/RHoiglcW70
- 14Jun
Editorial: It's a long road ahead, even with a good map, for fixing court delays https://t.co/Su6wJsfzIZ
- 14Jun
RT @dominiclamb: Just set 3 wk youth murder trial in OCJ Renfrew County - October 2017! Jordan delay isn't a problem in efficient, sensible…
- 13Jun
RT @SeanRobichaud: Interesting article by @RHDefence on roadside saliva testing and the unfounded premises beneath this constitutionally sw…
- 11Jun
RT @OttawaCitizen: The NHL has PK, but Ottawa sport families rely on BK https://t.co/6pYqdIPGSL https://t.co/XfWsdx2ZcZ
- 05Jun
RT @mspratt: Fax machines, CD-ROMs, and lots of paper - welcome to the practice of criminal law in 2017: https://t.co/836IsS3FAh
- 27May
RT @OttawaCitizen: Gladue report delays are hurting indigenous offenders here in Ottawa https://t.co/B4QXlNLfwu
- 24May
RT @ClaOntario: Criminal Code changes proposing mandatory alcohol screening of drivers tabled for second reading https://t.co/VhiLl1c5mU vi…
- 20May
RT @ClaOntario: Congratulations to @ClaOntario member Hélène C. Desormeau on her recent appointment to the Superior Court of Justice! Good…
- 20May
RT @nationalpost: Chris Selley: A questionable Alberta drunk driving ruling nevertheless strikes a blow for liberty https://t.co/TtGr6nlO4r
- 18May
This fantastic report by Judge Wyant is an indictment of the bail system in Ontario: https://t.co/UjIhU7kSTs
- 16May
RT @lao_law: Bill C-224 - which grants immunity for drug possession to those who call 911 to report an overdose has become law https://t.co…
- 16May
RT @ClaOntario: House of Commons passes Ambrose's bill on sex-assault training for aspiring judges /via @globeandmail https://t.co/O3vOtnOA…
- 12May
RT @mspratt: Public Saftey committee studied @StevenBlaneyPCC'S impaired bill - which is very similar - & they were not so sure of its cons…
- 12May
RT @danlebla: Most Canadians oppose giving police greater powers to obtain breath samples: poll /via @globeandmail https://t.co/5YCiUZGM6F
- 11May
Really???--Mandatory breath tests for booze won't violate rights, justice minister says https://t.co/KhKsVg6Imm
- 09May
RT @ClaOntario: Ottawa fails to act in time to stop lawsuit on solitary confinement /via @globeandmail https://t.co/js08f3adMl
- 09May
RT @jamiesashaw: This is kind of big news for cannabis legalization in Canada https://t.co/FPNeKCaUMZ
- 05May
Court delays??? Why did the Crown waste resources prosecuting woman who gave water to pigs? https://t.co/Nm5G2LHE0x via @fullcomment
- 04May
RT @ottawasuncom: Ontario jails' love of solitary confinement shows what a disaster they are https://t.co/6grUtBMkKz https://t.co/JeOwch9TUn
- 04May
Ottawa to get new 725-bed jail, province announces https://t.co/7BgVneRJsb
- 04May
RT @alysanmati: Toronto woman who gave water to pigs headed to slaughter found not guilty https://t.co/VrhatUB2Oz via @torontostar
- 04May
RT @CamilleLabchuk: BREAKING: Anita Krajnc is acquitted by the judge. He is not convinced beyond a reasonable doubt she interfered with pro…
- 04May
RT @nationalpost: Andrew Coyne: Notwithstanding clause is a bottle labelled ‘drink me’ that cheapens the Charter https://t.co/wDBZg4jkso ht…
- 29Apr
The uncomfortable questions once again being asked of Ontario's chief pathologist https://t.co/kzRMoSDVOP
- 29Apr
RT @ClaOntario: Court delays can't be solved with money, personnel alone: defence attorney https://t.co/KqOLLtY52e
- 25Apr
RT @cmathen: #SCC seats seven to hear #Cody case on #trialdelay. Abella presiding. #Jordan, of course, had nine. So that is probably tel…
- 25Apr
Ottawa should fix perversely punitive pardon policy: Editorial https://t.co/ts4iIHrue8 via @torontostar
- 24Apr
RT @mspratt: I think focusing on the toddler black market is a poor business model. https://t.co/glmyGR3Ca7
- 24Apr
RT @ClaOntario: Ottawa judge takes province, local jail to task over treatment of Ojibway prisoner https://t.co/H8RxgXJNUp via @APTNNews
- 23Apr
Ontario police forces share carding data with Mounties, CSIS https://t.co/wTQlTt9nEH via @torontostar
- 22Apr
Federal Liberals' cannabis legalization package will face legal challenges, say experts https://t.co/exB9LPti6x
- 22Apr
Roadside spit-testing for pot — an impossible, unconstitutional solution to a non-problem? https://t.co/2A6P5VHCiS
- 20Apr
RT @dtanovich: In anticipation of @SCC_eng 1st chance to consider RvJordan on Tues @ClaOntario factum @addariolawgroup a must read https://…
- 20Apr
RT @mspratt: Hey look - another Harper law has been found to be unconstitutional - why is the current government defending it? https://t.co…
- 19Apr
RT @SeanRobichaud: "What the legalization of marijuana means for impaired driving in Canada" https://t.co/8WlVA6Rfu5 #cdnlaw #cdnpoli
- 17Apr
RT @mspratt: Check out @CanLawMag for my hot take on the Government's new marijuana legislation: https://t.co/EQUc9eU7W0
- 17Apr
RT @VanCrimLawyer: Roadside tests for pot need rethink before legalization, say defence lawyers - Manitoba - CBC News https://t.co/2I9vM4fM…
- 17Apr
Ottawa doctor pioneers use of cannabis to help opioid addicts https://t.co/5VHyaBkY3o
- 17Apr
RT @CBCAlerts: People convicted in the past face uncertain future despite Liberal gov't's intention to legalize some pot possession https:/…
- 17Apr
RT @CannabisExperts: Justice Minister defends proposed 14-year maximum sentence for providing cannabis to minors https://t.co/LAwCL6tQID #c…
- 17Apr
RT @VanCrimLawyer: You don't give up your Charter rights just because you drive a car. This is going to tie up courts for years. #cdnpoli.…
- 16Apr
RT @mspratt: Remember the firearms registry - it is back.... in cannabis form! https://t.co/KGzzROaHR5
- 15Apr
RT @dtanovich: Absent security concerns, there is simply no good reason why an accused should not sit with counsel https://t.co/M1zXwXmtIt
- 12Apr
RT @giuseppelo: Gatineau police tell CBC they don't use cellphone spying devices. Ottawa police: No comment. https://t.co/HZDeSNjXRj #ottne…
- 11Apr
RT @Steven_Penney: Excellent column on R v Jordan from @blatchkiki. Key takeaway: "it’s too soon for panic." https://t.co/C9f5AT7fN4
- 11Apr
RT @dtanovich: Fears of widespread trial dismissals not borne out, says law professor https://t.co/MT7QSWhVkf via @torontostar#