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Is failing to provide a breath-sample a criminal offence in Canada? People often do not realize that refusing to provide a breath-sample is a criminal offence in Canada. This includes both an outright refusal or deliberately providing improper samples. What are the penalties for refusing to provide a breath-sample in Canada? Failing to give a […]
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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 November 2016, our client was found not guilty of impaired/over 80 and dangerous driving charges in Ottawa. People reported a damaged high-performance car driving erratically. The car was registered to our client. Based on descriptions from witnesses and video surveillance, the police believed our client was the driver. He was arrested at home a short […]
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Parliament is considering new legislation which would radically alter impaired driving law in Canada. Many of the provisions likely violate the Charter of Rights and Freedoms and threaten the right to a fair trial. On September 29, 2016, the bill was before the Public Safety and National Security Committee. A copy of the bill can […]
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One of our drinking and driving cases was stayed in September for 2016, when the police were caught discussing their evidence during the trial. During criminal trials the judge usually prohibits witnesses from discussing their evidence. This is done to protect against one witness tainting another witness’ evidence. In our case, the police were found […]
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New penalties for drug-impaired driving take effect Sunday Oct. 2, 2016, in Ontario Ontario motorists stopped by police for driving while high on marijuana — or other drugs — will face the same Highway Traffic Act penalties as drunk drivers starting Sunday, October 2, 2016. It was already a criminal offence to drive a motor […]
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“Can my drinking and driving charge be reduced to careless driving?”— That is a question we often get asked by people charged with drinking and driving in Ontario. The Crown Attorney’s policy usually requires that all drinking and driving charges proceed to trial. There are exceptions. The Crown may agree to a reduced charge of […]
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In Canada, criminal courses can be stayed when they take too long to get to trial. The right to have a trial in a reasonable amount of time has been overhauled by the Supreme Court in a July 2016 case, R. v. Jordan, 2016 SCC 27. There is now an 18 month ceiling on acceptable […]
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Our client was recently found not guilty of failing to provide a roadside breath sample and impaired driving in Ottawa. The police pulled our client over for speeding. The officer demanded that our client provide a breath sample into a roadside approved screening device. The officer alleged that our client provided about ten insufficient samples, […]
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Our client was recently found not guilty of criminal charges for assault causing bodily harm, after a trial in Ottawa. There was an argument outside a bar. A man was punched in the face by a stranger. He was knocked out and his nose was broken. The victim later identified our client on Facebook and […]
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Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373
Latest Tweets
- 09Nov
RT @gregjlallen: https://t.co/kOfIoh6EM8
- 04Nov
RT @coleenlisa: My first thought is that the passage of Bill C-5 has now become so important, as it would remove these provisions and resto…
- 04Nov
RT @TonyPaisana: R. v. Sharma, 2022 SCC 39: truly disappointing.
- 04Nov
RT @chrisrudnicki_: “There is no general, positive obligation on the state to remedy social inequalities or enact remedial legislation, nor…
- 13Sep
RT @RORRAlaw: As managing partner of our firm, I will be forever grateful to @johnstruthers as President of the CLA for his incredible lead…
- 30Jul
RT @petersankoff: All of the defence lawyers' associations in Alberta are taking the drastic step of threatening to withdraw services to Le…
- 20Jul
RT @RORRAlaw: John Struthers has the unique claim of having actually saved lives as President of the Criminal Lawyers Association. At the…
- 11Jul
RT @coconutlagoon: New sign just went up at Coconut Lagoon. Re-opening on July 27th. Reserve today online or by calling the restaurant. #co…
- 02Jul
RT @addariolawgroup: Frank Addario and Matthew Gourlay today in the @globeandmail: Supreme Court puts mistrust of sexual assault defendants…
- 08Jun
RT @billthompson77: Schreck J. rules that there is no presumption about where a defendant must sit in the courtroom & in most cases trial f…
- 06Jun
RT @TekenosLevy: Mourning the loss of my friend and colleague Kevin Dunbar. Please consider donating to help his wee family in this difficu…
- 26May
RT @Hartamophone: Happy to be back in the @globeandmail, with an essay about my adventures in the minor leagues of standup comedy. It's onl…
- 11Feb
RT @sheibanlaw: https://t.co/c5lZzIgl3GWatch a murder at 54:15
- 31Jan
RT @coleenlisa: Just stumbled upon this brilliant piece, which will forever change how I think about and teach this case. Constance Backh…
- 21Jan
RT @SewrattanLaw: Important case: The Supreme Court reconsiders aspects of the voluntariness rule.Intro by @mcmahon_meaghan
- 05Jan
RT @GetBAC: It’s freezing out there & Sue Kelly says she urgently needs clothing for “Kelly Mart” her court house stash of winter wear for…
- 03Dec
RT @pivotlegal: Important News (🧵): BC Provincial Court departs from BC’s harsh sentencing range for street-based dealers of fentanyl. (1/…
- 28Nov
RT @ClaOntario: Announcing & Congratulations to the newly confirmed 2021-2023 @ClaOntario Board of Directors!Thank you to all nominees. W…
- 22Aug
RT @MarcSciars: My op-Ed in Canadian Lawyer re Zoom trials #lawtwitter https://t.co/DwrDzryHLu
- 19Aug
RT @chrisrudnicki_: R v Anderson, 2021 NSCA 62: https://t.co/6dDc9UVvN0. The Nova Scotia Court of Appeal gets to the issue in Morris first:…
- 06Aug
RT @lawandchocolate: Finally! Congratulations to my wonderful partner, Philip Campbell, on his appointment to the Superior Court of Justic…
- 06Aug
🥇🥇🥇 https://t.co/xrgM8IxEd6
- 04Aug
Terry Glavin: The truth about the repression of Indigenous law in Canada https://t.co/NsiRmPkuGe
- 25Jun
RT @dtanovich: So no clear majority in R v Chouhan 2021SCC26 https://t.co/RsUXpGAsjU on this critical challenge for cause issue & so this v…
- 31May
RT @coleenlisa: New piece on the ever-declining willingness of Canadian judges to address the full impacts of Covid-19 on jails + prisons i…
- 11May
RT @SewrattanLaw: R. v. Sitladeen, 2021 ONCA 303: The Court splits on whether the police racially profiled a black man. Majority finds that…
- 13Apr
RT @TonyPaisana: Update for BC criminal counsel: Schultes J. denied the Crown's attempt to save ss. 742.1(c) and (e)(ii) in our "Sharma" ch…
- 01Apr
RT @crimlacy: One of the most important cases in recent past released today by @ONCA_en. Doherty J.A. explains difference between suspicio…
- 25Mar
RT @petersankoff: Leave to appeal granted in AS (Reddick). This will be joined w/ JJ to form a mega hearing. Not clear if it will be moved…
- 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…
- 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
- 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…
- 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…
- 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…
- 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…
- 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…