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Criminal Defence Law Blog

MOLDY WEED FROM OCS – They’re going to have to do a whole lot better if the Province wants to compete with the private market.

Posted bywpengine 22 November 2018

Source: People are complaining about moldy weed from the Ontario Cannabis Store

Posted bywpengine22 November 2018Posted inUncategorized

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ARE YOU GUILTY OF SEXUAL ASSAULT IF YOU DON’T TELL YOUR PARTNER THAT YOU HAVE HIV? – “There is a negligible risk of sexually transmitting HIV when an HIV-positive sex partner adheres to antiretroviral therapy and maintains a suppressed viral load of less than 200 copies/mL on consecutive measurements every four to six months. Based on our findings, relevant case law and other factors, the Department of Justice Canada concluded that the criminal law should not apply to people living with HIV who maintain a suppressed viral load of less than 200 copies/mL.” Justice Canada also concluded that the criminal law should generally not apply to those who use condoms, among others.” This is consistent with the Supreme Court decision.
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JUROR INVESTIGATION – We dealt with this here, a few years ago. Police cannot use their resources to check out potential jurors beyond whether they have a criminal record, at least not without sharing the information with the defence, nor can the Crown use LinkedIn for the same purpose.

Recent Posts

  • “BELIEVE THE VICTIM” – discloses a legal and logical fallacy. In law, a “victim” is not a victim unless and until the crime has been proven in a court of law. Rosie DiManno of The Star has commented upon the Hockey Canada case as follows:
  • JURY DUTY – A lot of people don’t want to serve as a juror but it can be a very interesting and rewarding experience. Not much is generally known about it, so this interview and article can be very informative.
  • Preparing for a fight is sometimes harder than actually being in one.
  • THE TRUE NORTH STONG AND FREE: Canada Day is a good day to affirm that as criminal defence lawyers we do not just defend the innocent and the guilty but by doing so we protect the fundamental rights of freedom we all enjoy, from encroachment by the legislative branch of government who make the laws and by the executive branch whose police execute those laws in the way they interact with us in our daily lives. This is why we are passionate about what we do. Celebrate and enjoy our Canadian freedom today!
  • The myriad of rules and the maze of complex administrative procedures involved in processing every criminal charge, which is distinct for each judicial district, involves an incredible waste of time and is difficult to manage for seasoned, knowledgeable lawyers, let alone nearly impossible for those who may choose or need to navigate the system themselves without a lawyer.
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