Criminal Defence Law Blog
The S.C.C. has been busy today striking down PM Harper’s unconstitutional excesses. “We are asked to decide the constitutionality of a one-year mandatory minimum sentence for a controlled substances offence. I conclude that this provision, while permitting constitutional sentences in a broad array of cases, will sometimes mandate sentences that violate the constitutional guarantee against …
Continue reading “ANOTHER ONE BITES THE DUST – PART 1 – A MANDATORY MINIMUM SENTENCE STRUCK DOWN”
“Imagine for a moment that everybody’s front door has the same key. Now imagine that the police have a copy of that key, and can saunter into your living room to poke around your belongings while you’re out, and without your knowledge. If I’m not on the [Business Enterprise Server], I’m a dead chicken. That’s …
Justice of the Peace Lauzon has bravely opined that bail courts “have devolved into dysfunctional and punitive bodies. “The Canadian bail system has effectively been a pretrial punitive regime that’s inconsistent with the presumption of innocence and Charter protection. Sometimes those in custody must choose between fighting a bail hearing or agreeing to onerous conditions. …
Do you think that someone who is able to deny bail and detain individuals pending trial as well as to incarcerate them for certain offences and issue warrants to search your house should at least have a legal eduction? In Ontario in order to become a J.P. you need at least 10 years of full-time …
They’re trying to tell us and make us believe that if you send out any tweet, post, message or make other use of social media that is either unnecessary, unkind or untrue may be illegal. It’s not the law. That tweet was neither necessary, true or kind so by their very own standard the O.P.P. …
(b) an act or omission, in or outside Canada, (i) that is committed (A) in whole or in part for a political, religious or ideological purpose, objective or cause, and (B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including …
Now, police must only show their fear that the person “may” commit a ‘terrorism offence’. Police can arrest terror suspects and bring them before a judge, who can then issue a peace bond against them for up to 12 months. They can be required to surrender their passport, obey a curfew, participate in treatment programs, …
Continue reading “PREVENTATIVE ARREST: PRE-CRIME MINORITY REPORT?”
They are clearly explained in this short article. “Sentencing objectives and principles provide guidance, which are aimed at balancing rehabilitation and protection of society and reparation for harm. Jail terms are only imposed when less severe sanctions are not available in the circumstances, and the actual length of incarceration is affected by credit for time …
Continue reading “SENTENCING OBJECTIVES AND PRINCIPLES – Why did Marco Muzzo get 10 years?”
I often hear of criminal case decisions and go wtf? That is until I learn the details and then it all makes sense. If you’re wondering why Mr. Muzzo received a 10 year sentence, here is the source. Whether you end up agreeing or not at least you will understand how it came about. Source: …
Continue reading “MUZZO SENTENCING DECISION -R. v. Muzzo, 2016 ONSC 2068”