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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

  • 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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