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When can the sale of gardening supplies lead to a conviction for helping to produce marijuana in Ontario? In other words, when can the sale of legal goods to those who would use those goods for illegal ends be a criminal offence? The Ontario Court of Appeal provides some guidance in R. v. Nguyen 2016 ONCA […]
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In a surprising number of cases people are arrested when the police smell hidden marijuana in a car. One Ontario criminal judge recently decided that he did not believe this old story. In R. v. Newell, 2015 ONCJ 564, a police officer testified he could smell marijuana coming from the accused’s coat pocket from outside […]
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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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Confidential informants told the police our client was trafficking drugs. The police found 30 Fentanyl patches of 100 microgram strength in our client’s car. He was charged with possession of Fentanyl for the purpose of trafficking. Our client faced a 5 year penitentiary sentence given the harsh sentences in Ontario for trafficking even small amounts […]
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The prosecution often gets a police “expert” to testify about whether seized drugs were “for the purpose of trafficking” in Ontario drug trials. These experts look at the quantity of the drugs and other indicators of drug trafficking, like the presence of cash or debt lists. Defence counsel must eliminate, or strictly limit, the use […]
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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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In a recent Vancouver case, the police used the surveillance cameras at a Casino to zoom-in on someone’s Blackberry, to read his texts. The police were trying to gather intelligence on this person. At trial, the judge ruled that the accused’s Charter rights against unreasonable search and seizure were breached. The texts were excluded as […]
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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.”
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Marijuana trafficking charges based on the plain view doctrine defeated.
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17 Mar '13
Police frequently seize cell-phones when they execute search warrants or arrest suspected drug dealers. Often, the phone rings and callers ask to purchase drugs. The police will also examine the cell phones for incriminating texts.
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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