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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 […]
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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 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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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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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. […]
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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 […]
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Ontario Court of Appeal rules that three-year mandatory minimum jail sentence for loaded handguns is unconstitutional.
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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.
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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.
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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
- 27Feb
RT @coleenlisa: Just spotted this piece by Palma Paciocco: a must read for defence counsel with clients facing COVID delay. "In some ins…
- 19Feb
RT @LisaHJorgensen: For anyone looking for the full text of Bill C-22, it is now available online: https://t.co/JQtYzp25xt
- 18Feb
RT @ClaOntario: Some fantastic news coming today from @MinJusticeEn on important sentencing reforms to the Criminal Code. A welcome revers…
- 18Feb
RT @ClaOntario: Government of Canada announces measures to keep communities safe, fight systemic racismand make our criminal justice syste…
- 07Feb
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…
- 29Jan
RT @RobCurrieMusic: With recent developments in the troubling case of Hassan Diab, pleased that the Manitoba LJ has produced a formatted pr…
- 24Jan
RT @dansteinca: Important decision last week by Justice de Sa in Newmarket on a car search for cannabis based on the "open carry" grounds.…
- 25Dec
RT @Calvinn_Hobbes: CHRISTMAS MORNING!! #MerryChristmas #CalvinandHobbes #Christmas https://t.co/Lv1XTAIPng
- 23Dec
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…
- 14Dec
RT @petersankoff: This is noteworthy:https://t.co/Acads1aTRI
- 24Nov
RT @EdwardHRoyle: Partner Carlos Rippell has reverse disclosure provisions of s. 278 struck down as unconstitutional in Toronto Superior Co…
- 14Nov
RT @DavidASmithLaw: How do you defend those people?https://t.co/sfO8MNYHFB
- 20Oct
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…
- 13Oct
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…
- 08Oct
RT @Nader_Hasan_law: The Crown repeatedly said today that all of the concerns of the racialized bar associations can be addressed through c…
- 06Oct
RT @coleenlisa: "Justice Gibson ruled that the women were deprived of the equal benefit of Canadian law in being unable to serve their sent…
- 10Sep
RT @ClaOntario: At the height of the pandemic, Boris Bytensky helped mobilize an army of defence lawyers to reduce the prison population @B…
- 01Sep
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…
- 27Aug
RT @JohnHaleCrimLaw: Ideally there should be a specific website for each of the 50+ jurisdictions. I know that @ClaOntario would gladly par…
- 18Aug
RT @ssidfreeman: @douglasdowney This initiative is a welcome one. But, your deep cuts to @LegalAidOntario greatly damaged access to justic…
- 13Aug
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…
- 14Jul
RT @emlaminator: Proud to represent @ClaOntario along with my brilliant co-counsel @MarianneSalih in this important case.
- 25Jun
RT @cazasaikaley: Nous sommes fiers d'annoncer que Me Sauvé a été élu Président de l'@ajefo_justice. Bravo @marco_suave. Vous pouvez consul…
- 27May
RT @dominiclamb: Look at this, an actual plan to re-open courts https://t.co/wU2A72IBWX
- 04May
RT @OntarioOn: The Ontario Court of Justice will not be returning to full operations on May 29, 2020. No trials or preliminary inquiries wi…
- 02May
RT @AndrewBernstei9: It’s not every day that copyright, rights of publicity, intrusion upon seclusion and the “worst movie ever made” combi…
- 20Apr
RT @crimlacy: R. v. Hearns 2020 ONSC 2365 - decision released today by Pomerance J. regarding judicial notice of higher risk of COVID19 inf…
- 03Apr
RT @adamweisberg: Congrats to my friend @Prutschi and @ClaOntario member on his appointment to the @OntarioOn !!!! He will be missed by hi…
- 31Mar
RT @ClaOntario: Exclusive: @ClaOntario in pleased to announce an amazing and free CPD webcast event for CLA recent calls. Ask Marie Henein…
- 31Mar
RT @ClaOntario: Calls to release some prisoners intensify as first known coronavirus outbreak announced in Canadian prison via @globeandmai…
- 27Mar
RT @ccla_abcc: 📝 From @SCJOntario_en Chief Justice Morawetz - A Letter to Members of the Legal Community in Ontario, dated March 27, 2020,…
- 25Mar
RT @crimegarden: * One inmate at Toronto South Detention Centre has tested positive for COVID-19. It is the second largest jail in Canada.
- 25Mar
RT @rodmickleburgh: ICYMI, wonderful obit by @jana_pruden of a remarkable Canadian RT Joyce Milgaard was the symbol of a mother’s relentles…
- 21Mar
RT @AMoustacalis: An important measure to increase parole availability and passes, and electronic parole hearings. @LegalAidOntario should…
- 19Mar
@petersankoff Great talk on the problems with the law forcing an accused person to disclose text messages before tr… https://t.co/qb4B66GTjg
- 19Mar
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…
- 19Mar
RT @The_DCAO: The DCAO and @ClaOntario have been providing volunteers to address matters in the Ontario Court of Justice. The vast majority…
- 19Mar
RT @johnstruthers: The health and safety of everyone comes first. The Criminal Lawyers’ Association has determined that we must have our vo…
- 17Mar
RT @DanielBrownLaw: Opinion: During a pandemic, prisons pose a special risk. We need to release non-violent offenders https://t.co/rNpG2mc…
- 15Mar
RT @OntarioOn: Due to COVID-19, the OCJ is making changes to court operations across the province for criminal, family and POA matters. htt…
- 15Mar
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…
- 13Mar
RT @SeanRobichaud: Effectively dealing with #COVID19 in courts starts with flipping the script of priorities. An approach that favours nece…
- 27Feb
RT @atrishalewis: At Convocation this morning, ready to vote on two significant motions which if passed, will undermine equity at the LSO.…
- 05Feb
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…
- 04Feb
RT @PJMazereeuw: The government just tabled its bill to mandate sexual assault training for judges—Bill C-5. Justice Minister David Lamet…
- 03Feb
RT @GabrielPoliquin: Don’t bring patronage back into naming of judges https://t.co/Ovlk8Qp3oo via @torontostar
- 30Jan
RT @JacquesGallant: NEW: The Ford government has floated taking more control over who gets chosen as a provincial court judge in a new prop…
- 24Jan
Recent Ontario criminal cases could require retrial after court rules new jury selection rules were misapplied… https://t.co/6b9SA6I22r
- 14Jan
RT @ClaOntario: From Ottawa Director Leo Russomanno @len_1980: Stop isolating inmates with restrictive telephone policy, Ontario, via @Ot…
- 07Jan
RT @LawyerinToronto: Some thoughts I had over the holidays about our social pact with one another and legal aid: https://t.co/2dYjA72ebN
- 06Jan
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…
- 04Jan
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…
- 21Dec
RT @AEnenajor: Liberals' sex assault trial reforms run into trouble as more judges find Charter violations https://t.co/jNvFvM1w2j
- 18Dec
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…
- 17Dec
RT @JeffRybak: Extremely good analysis of how Ford and Downey are not just starving Legal Aid of money, but gutting its mandate. If anyone…
- 14Dec
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…
- 13Dec
RT @SeanRobichaud: Opinion: On criminal law reform, federal Liberals earn an F “The federal Liberal Party bears little resemblance to the p…
- 12Dec
RT @gowlingwlg_ca: On Monday, our Ottawa partner @robaburto received the Service Cross award from the Honourable @LGLizDowdeswell, Lieutena…
- 07Dec
RT @mspratt: From me in the @OttawaCitizen on another injustice from the fall out of @fordnation and @douglasdowney legal aid cuts. They a…
- 21Nov
RT @Halfyard_Law: John Struthers named president of Criminal Lawyers’ Association https://t.co/tOpte2EUQY - look forward to working with @j…
- 20Nov
RT @johnstruthers: The independence of the Judiciary depends on “no debts” owed to Politicians. The Judicial Appointments Advisory Committ…
- 20Nov
RT @DinoBottosLaw: Congrats to my colleagues @petersankoff and @wvanengen who won an extremely important decision today on the constitution…
- 16Nov
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…
- 15Nov
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…
- 12Nov
RT @RicksDesk: @IRPlawyer @WoodfordinDK Here is the full US federal court decision against warrantless searches of travelers smartphones at…
- 24Oct
RT @cazasaikaley: Alyssa Tomkins @alyssa_tomkins and Marie-Pier Dupont successful in resisting motions to dismiss Charter application or ha…
- 19Sep
RT @LindsayBoard: Court of Appeal for Ontario in R. v. Charley, 2019 ONCA 726 caps post-verdict delay at 5 months - a separate presumptive…
- 12Sep
RT @crimlacy: Are the new jury selection procedures in Criminal Code actually going to improve efficiency or just cause further delay? My c…
- 11Sep
Ontario’s top judges slam Ford government over cuts to legal aid https://t.co/OeSyqcYZbK via @torontostar
- 10Sep
RT @crimlacy: CJ Maisonneuve similarly echos CJ Strathy’s comments about need for proper funding of @LegalAidOntario and need for “robust”…
- 24Aug
RT @shaaminiwhy: Peter Sloly has been hailed as a charismatic, progressive policing leaders, he’s also been criticized for being too radica…
- 27Jul
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…
- 24Jul
RT @DanielBrownLaw: In a groundbreaking judgment, an Ontario judge has struck down a law imposing a mandatory conviction for impaired drivi…
- 23Jul
RT @TrevinDavid: Time and again aboriginal accused, esp. those in custody, are faced with two choices: Stay in jail longer so judge can ful…
- 22Jul
Ontario judges reject two Charter challenges of Liberal government's sex assault reforms, passed after Ghomeshi cas… https://t.co/Kd9vVPQvhU
- 19Jul
RT @SewrattanLaw: R. v. Bulhosen, 2019 ONCA 600: A 30-month Jordan ceiling applies when the Crown prefers an indictment to the Superior Cou…
- 19Jul
Dennis Oland found not guilty in retrial over multimillionaire dad's 2011 death | CBC News https://t.co/PBOObym9Tp
- 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…