-
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 […]
-
Here are 4 reasons to not “just plead guilty” to DUI charges in Ottawa & Ontario.
-
02 Mar '14
Elements of an “alibi” defence recapped by Ontario Court of Appeal.
-
28 Feb '14
In R. v. T.A.P., 2014 ONCA 141, the Ontario Court of Appeal imposed what essentially amounts to a two-year house arrest sentence for possession of a loaded handgun with a defaced serial number. The case has illustrates the sentencing range for “non-true crime” handgun offences.
-
The legality of this mandatory minimum sentence was the issue under consideration in R. v. Lloyd. The Court found that the one-year minimum violated the Canadian Charter of Rights and Freedoms as in many situations it “is a sentence which Canadians would find abhorrent or intolerable.”
-
Justice Paciocco, author of The Law on Evidence, recently rejected the testimony of an accused person about how much he had to drink in an Ottawa criminal trial. Justice Paciocco rejected the accused’s testimony largely based on the testimony of the Crown’s toxicology expert on the reliability of the Intoxilyzer 8000C.
-
Ontario Court of Appeal rules that three-year mandatory minimum jail sentence for loaded handguns is unconstitutional.
-
Marijuana trafficking charges based on the plain view doctrine defeated.
-
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.
-
30 Sep '13
Being charged with sexual assault in Ontario is a serious matter. A conviction will likely result in jail time and mandatory registration as a sex offender. This post outlines the basic laws concerning sexual assault and strategies for successfully defending these charges.
Search result for phrase:
Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373