Criminal Defence Law Blog
The criminal code is fine. Generally, It presumes release from custody with an escalating plan of restrictions as necessary with detention being the last resort. The problem is “a “risk-averse mentality” has permeated the bail process.” That means that the Crown Attorney and the Justice of the Peace are afraid that someone who they decide …
Continue reading “BAIL REFORM: WE DON’T NEED NEW LEGISLATION, WE NEED A NEW ATTITUDE”
As you’ve probably heard, this Alberta couple have been convicted by a jury of failing to provide the necessities of life to their 19 month old child for failing to get readily available medical assistance for him as he needlessly died of meningitis. As tragic, controversial and difficult the situation is, as a lawyer I …
Continue reading “IS THERE ANY REMORSE? Parents were reckless, even in their love for son”
Source: London Lawyer Publicizes “Illegal” Arrest By London Police | (CFPL AM) AM 980
As the Supreme Court repeatedly shows ex-PM Harper had no respect for our constitution this ruling exposes that Harper had no respect for the fundamental principles underlying our democracy such as the rule of law and due process. It will continue to take a long time to dismantle the destructive effects of 10 years of …
Continue reading “AN ACQUITTAL FOR DUFFY AND AN INDICTMENT OF HARPER –”
Before a client enters a plea of guilty the criminal code requires that one of the things an accused person must understand is that ultimately the sentence imposed is up to the Judge, not the Crown or the defence lawyer. That scares some clients, however a Judge is not to reject a joint submission on …
Continue reading “JOINT SUBMISSIONS ON SENTENCE: WHEN CAN THE JUDGE REJECT THEM?”
“We know it is impossible to arrest our way out of this problem,” So why are they going to keep arresting, criminalizing, fining and jailing people in the next year for something that will be legal this time a year from now?? We know it is impossible to arrest our way out of this problem,” Source: Federal marijuana …
Since we deal with a lot of domestic disputes I can say that these words are just as true in criminal law as in family law. “A father thought it would be a good idea to present nude pictures of his ex-spouse in a bid to persuade the judge she was a bad, neglectful mother.” …
Now that (ex)Constable James Forcillo has been found guilty of attempting to murder Sammy Yatim with a firearm he is facing one of Harper’s mandatory minimum sentences of at least 4 years in jail. He says the mandatory minimum sentence was “designed to penalize those involved in criminal activity and not police officers trying to …
Continue reading “MANDATORY MINIMUM SENTENCE FOR ATTEMPT MURDER WITH A FIREARM: CONSTITUTIONAL?”
Our present criminal code is a mess. “minor tinkering, poorly written private members’ bills, massive omnibus legislation, and opportunistic political reaction” has made it so. It is so convoluted and complicated that even the best criminal lawyers, prosecutors and Judges can’t make sense of it all. We need to create a new independent Law Commission …
“Parliament revised this regime in 2009. It did not do away with enhanced credit, but it capped that credit at one and a half days for each day of pre-sentence custody. Parliament also — which brings us to the issue in this case — removed a sentencing court’s discretion to give any enhanced credit to …
Continue reading “ANOTHER ONE BITES THE DUST – PART 2 – ENHANCED CREDIT FOR PRE-TRIAL CUSTODY”