Criminal Defence Law Blog
Revoking citizenship of treasonous Canadians. Is this a good idea and if so, how should it be done? Will there be 2 classes of citizenship – a second class of those eligible for dual citizenship? Should we rely upon the judgment of foreign courts? Is it better to imprison or deport such offenders? There …
Continue reading “REVOKING CITIZENSHIP OF TREASONOUS CANADIANS – A GOOD IDEA?”
Once again American law aligns with our law. “it would be fundamentally unfair and a deprivation of Due Process to allow an arrested person’s silence to be used to impeach an explanation subsequently offered at trial.” In other words, at trial, the Crown cannot ask or even comment about you exercising your right to remain …
If you’re charged with a drinking and driving offence, these technical requirements are only one aspect of your case a criminal defence lawyer should analyze in assessing whether you have a viable defence. (Thank you Jim Wigmore for bringing these recommendations to our attention.) New ATC Breath and Blood Alcohol Standards.
We all know that in unrelated traffic stops police often claim to smell the odour of marijuana as an excuse to search the vehicle. I have always argued that the odour of burnt cannabis in a car is indicative that there WAS (past tense) weed smoked in the car at some time in the past …
Continue reading “CAN POLICE LEGALLY SEARCH YOUR CAR IF THEY CLAIM TO SMELL MARIJUANA?”
Our criminal law draws the line between the rights of an unborn child to life and the rights of a mother to abortion. The line is currently drawn “that as long as you make sure the baby is dead in utero there’s absolutely no criminal charge, but if you deliver the baby alive [and it …
Here’s all the facts and evidence you probably ever need to know about marijuana in 24 easy to understand maps and charts. 24 maps and charts that explain marijuana – Vox.
Our criminal code defines defamatory libel as a matter published that is likely to injure the reputation of a person by exposing him/her to hatred, …contempt or ridicule or designed to insult the person. A libel is published when it is exhibited in public or caused to be read or seen. If convicted of this …
I often hear clients express the concern that if they go to trial the Judge will just believe the police officer and disbelieve them. Simply put, that is not necessarily true. In one case I defended a client charged with running an ecstasy lab where the York Regional police officer fabricated 2 notebooks covering a …
Continue reading “JUDGES DON’T ALWAYS BELIEVE THE POLICE OFFICER”
Police perjury is rampant. “The Star found 28 cases since 2005 that involved a total of 34 Toronto officers determined by judges to have misled the court.” Police policy seems to be to just blow it off. “Toronto police spokesperson Mark Pugash equated the language used by judges in the cases reviewed by the Star …
Continue reading “Police who lie: How officers thwart justice with false testimony | Toronto Star”
There are NO criminal consequences for police officers who fabricate evidence and commit the criminal offence of perjury during criminal trials. They are law ENFORCEMENT officers but seem to have no trouble making up stuff, lying and perverting the course of justice … and nobody seems to care. Carry on. Toronto police officer rebuked by …
Continue reading “Toronto police officer rebuked by judge for fabricating evidence | Toronto Star”