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Criminal Defence Law Blog

PRESUMPTIVE DRUG FIELD TESTS, FALSE POSITIVES AND INCARCERATION – Although we don’t use these cheap drug tests in Canada the equipment we do use is not free of false positives. Let’s learn from others’ experiences.

Posted bywpengine 26 October 2019

Donut crumbs also once tested positive for meth.

Source: This $2 Test Identified Bird Shit as Cocaine. Cops Keep Using It to Arrest People.

Posted bywpengine26 October 2019Posted inUncategorized

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IS EXTREME INTOXICATION A DEFENCE? – It hasn’t been for 25 years but it may be again.
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 Criminal Code changes further complicate, delay historical Nova Scotia sex-offence case – It will take years to sort out the recent changes to the Criminal Code.

Recent Posts

  • Credit also has to be given to JAMES LOCKYER for his tireless advocacy over many years to bring this to fruition.
  • Lawyers in England are refusing to represent some people because their legal aid system is insufficient to maintain a viable practice. The legal aid system in Ontario is similarly perpetually on the brink.
  • Since 1982 accused persons have had the right to a trial within a reasonable time. We’ve had the Askov, Morin and now the Jordan cases of the Supreme Court of Canada trying to ensure that right, with only limited success. So now the courts are stacking cases on top of other cases on their daily trial lists that have no possibility of being reached for trial on that date.
  • JUSTICE DELAYED IS JUSTICE DENIED – Every person charged with a criminal offence has the constitutional right to have their trial held within a reasonable time. Our Supreme Court has twice attempted to define what is reasonable through the cases of Askov and Jordan. The result has been decades of hundreds of cases being “stayed” from proceeding due to delay and further delays caused by the complex application procedures required to assert that right. Nothing has changed. Simply demanding that the trial process proceed expeditiously doesn’t work.
  • WHO IS RESPONSIBLE FOR OUR BAIL SYSTEM? – The federal government enacts the criminal code. The province applies it. The province builds and owns the courts. The province hires the Judges, the Justices of the Peace, the Crown Attorneys and court staff.
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