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
- 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 @SeanRobichaud: Perhaps one of the most watched decisions for Canadian lawyers ever. Tomorrow, Groia v. @LawSocietyLSO is scheduled for…
- 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…
- 08May
RT @SeanRobichaud: FINALLY! "Law protecting Ontarians from disclosure of police records finally gets green light" https://t.co/QBTr35KGVX v…
- 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
- 29Apr
RT @SeanRobichaud: Heading off to the Senate of Canada tomorrow to testify on the impact Bill C-45 (the Act relating to the legalization of…
- 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 @SeanRobichaud: Editorial | Fairer and quicker? Not necessarily under Ottawa’s justice reforms https://t.co/Vx0yuym29f via @torontostar
- 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…
- 02Apr
RT @SeanRobichaud: Terrible article premised upon a platitude that "efficiency is important in complex systems" and therefore what the Libe…
- 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…
- 28Mar
RT @SewrattanLaw: R. v. Mallozzi, 2018 ONCA 312: Ducharme J. committed 3 errors in 11(b) analysis, requiring a new trial. Most important fo…
- 27Mar
RT @dominiclamb: Inevitably the law of unintended consequences will introduce fractured trials and delays as a result of mid-trial 3rd part…
- 27Mar
RT @iamdylancurran: Want to freak yourself out? I'm gonna show just how much of your information the likes of Facebook and Google store abo…
- 26Mar
RT @crimlacy: @adamweisberg A perfect example is third party record applications. Prelim helps parties determine if any are required.
- 26Mar
RT @crimlacy: Getting rid of prelims will not solve Jordan delay. It will require an adjustment in Jordan timelines once it is recognized…
- 23Mar
RT @AngelaPacienza: Journalist faces unprecedented criminal charges over coverage of Muskrat Falls protest /via @globeandmail https://t.co/…
- 21Mar
RT @len_1980: This is amazing. Talk about a culture shift. https://t.co/Hdu07mzPwz
- 18Mar
RT @JuventusFC1897: @UMBCAthletics #Rosie https://t.co/b6VwoxbCyO
- 07Mar
RT @IRPlawyer: Weed industry executive vows to fund future legal challenge to impaired-driving law https://t.co/Xc0iICyFnq
- 05Mar
RT @globeandmail: Mandatory-minimum sentencing rules unravelling into patchwork https://t.co/VzKxACQVQ0
- 28Feb
RT @MarkBourrie: Best news I have seen in the budget: prison farms at Collins Bay and Joyceville will re-open.
- 27Feb
RT @rp_browne: ICYMI: @ManishaKrishnan was the only reporter in court yesterday when 180 dispensary raid charges were dropped: https://t.co…
- 22Feb
RT @lktrack: Why are these mandatory minimums still in place? Why is it up to these marginalized individuals to chip away at these cruel an…
- 21Feb
RT @ClaOntario: Letter from @ClaOntario President to Premier Kathleen Wynne & Minister Marie-France Lalonde concerning Police Record Checks…
- 21Feb
RT @ClaOntario: Judge strikes down mandatory minimum law in Toronto drug mule case https://t.co/tD6GOasMuw via @torontostar
- 17Feb
RT @FurgiueleAndrew: #ONCA upholds trial judge finding that part of the enhanced credit for dead time law - the part restricting credit for…
- 13Feb
RT @len_1980: Interesting debate between Ottawa defence lawyer Mark Ertel and Professor Kent Roach on use of peremptory challenges in jury…
- 11Feb
RT @Longreads: "In this circular way, legal rulings — which never really vetted the science to begin with — substitute for scientific proof…
- 10Feb
When I was a kid we played goal with Sears catalogues for pads and horse manure pucks on frozen swamps. https://t.co/sC22z51zpx
- 10Feb
RT @cathmckenna: Couldn’t resist an impromptu puck drop and hockey game on my way to the next event in #OttawaCentre. Love seeing kids outs…
- 08Feb
RT @BBCWorld: 'Cartoonish' police sketch snares suspect in Pennsylvania theft https://t.co/KNYBHXDY6z
- 03Feb
RT @BBytensky: OCA grants 11(b) stay in transitional case, finding 17 month institutional delay resulted primarily from Crown's errors (ins…
- 02Feb
@Hartamophone Tom Petty at 37. Wow.
- 02Feb
RT @Hartamophone: Yeah, well, by the time Tom Petty was my age he had probably never met any of the Ottawa Redblacks at a grocery store, so…
- 01Feb
RT @palexanderlaw: Interesting Step Six decision from the always-thoughtful Nakatsuru J. https://t.co/7GhMuoKX1k
- 01Feb
RT @ClaOntario: Vanessa MacDonnell @vanessa_macd & Breese Davies @breesedavieslaw are appearing today before the Standing Committee on Just…
- 01Feb
RT @robinparker_plg: This makes me sick and angry, so angry. We need a revolution on policing and use of force training in this country. Th…
- 31Jan
How Ontario has toughened careless driving penalties https://t.co/lApdl8vJ00
- 23Jan
RT @vanessa_macd: Great opportunity for junior counsel to be mentored by experienced appellate lawyers and get involved in CLA intervention…
- 23Jan
RT @dtanovich: First-degree murder charge dismissed against N.S. man in case involving Mr. Big sting https://t.co/JUI80lwAnJ
- 15Jan
RT @cbcradio: For Hassan Diab's Canadian lawyer, Donald Bayne, this predicament is emblematic of the flaws in Canada's extradition system.…
- 15Jan
Former Ottawa prof Hassan Diab free in Paris after terrorism charges dropped https://t.co/TU2rzmMqyI
- 13Jan
RT @CamilleLabchuk: Stop prosecuting so many people. Stop criminalizing poverty and mental health. Decriminalize all drugs. https://t.co/T8…
- 08Jan
RT @ClaOntario: Judge Peter Coulson didn’t just practise the law, he practised morality via @globeandmail https://t.co/ah3WqBKQfV
- 21Dec
RT @MinJusticeEn: I’d like to acknowledge Anne London-Weinstein’s appointment as a judge of the Superior Court of Justice in & for the Prov…
- 21Dec
RT @ClaOntario: Congratulations to 3 recent @ClaOntario members on their recent appointments - The Honourable Jill M. Copeland; The Honoura…
- 14Dec
RT @derekbmross: Today, Canada made its “Charterpedia” publicly available (I believe for the first time) - this is the reference tool used…
- 07Dec
RT @ClaOntario: How a Canadian man cut short a 'surreal' 160-year U.S. prison sentence https://t.co/zMJf4HjmrI
- 07Dec
RT @crimlacy: #ONCA extensive consideration of admissibility of received text messages as hearsay, adoptive admissions or found in possessi…
- 02Dec
RT @len_1980: New Crown policy is a restatement of what’s already in the Code. At some point someone will look at the role played by St. Cl…
- 29Nov
RT @waterkeepermark: @hockeyesque laments loss of local newspapers “the kind of writing that holds polluters and developers accountable in…
- 27Nov
RT @crimlacy: #ONCA Crown decision to proceed by Indictment vs. Summarily not open to challenge as abuse of process: https://t.co/ewMiTLbN…