In the U.K. it’s proposed that “the bosses of any company that warns its members that British agencies are monitoring them face up to two years in prison. The proposed legislation would require tech firms to store users’ data for up to twelve months, including a record of every internet site visited, and allow government …
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WHY ARE POLICE STILL CHARGING PEOPLE WITH SIMPLE POSSESSION OF MARIJUANA?
Now that we understand that the “evil weed” does not result in reefer madness, is not a gateway drug, should never have been illegal anyway and that convictions have caused incalculable harm, while we wait for our government for formally recognize this the Attorney General for Canada should issue a policy directive that they will …
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HOW MANY DRINKS DOES IT TAKE TO REACH 0.08? – Who knows?
MARCO MUZZO’S BAIL
Every person charged with a criminal offence has the right to be released upon reasonable bail conditions unless, in this case, the Crown can establish that his detention is necessary to 1) ensure his attendance in court or 2) there is a substantial likelihood he will commit a criminal offence or interfere with the administration …
MEDICAL MARIJUANA STOREFRONT DISPENSARIES
Medical marijuana can only legally be obtained in Canada from a licensed producer delivered by courier or Canada Post but as we are in this waiting period between knowing that marijuana legalization is coming and the reality of legalization, storefront dispensaries pretending to be medical clinics, vaping lounges and compassion clubs are popping up everywhere. …
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MYTHS ABOUT SEXUAL ASSAULT TRIALS – Convicting Jian Ghomeshi will be hard — for good reason
There is a “carefully calibrated process by which we try sexual crimes. Very few areas of law have been given as much careful consideration by legislators.” Breese Davies’ article explains the error of the popular myths. “The trial process, including the right to test the complainant’s evidence, is the only protection an accused person has …
CREATIVE JUDICIAL WRITING – R. v. Duncan
Justice Fergus O’Donnell is known for his creative, expressive and entertaining style of judgment writing (with footnotes). Here he tells the tale of a “pleasant young man” who thinks the law has no jurisdiction over him. “I suppose that if perfectly pleasant young men weren’t led astray from time to time by drugs, alcohol, broken …
WHEN POLICE OFFICERS LIE -Hamilton police detective guilty of perjury
If you think police officers fabricating evidence to justify searches and lying to judicial officers about it is a rare occurrence, given what has happened this week you have to think twice. In Hamilton “Superior Court Justice Catrina Braid convicted 12-year officer Robert Hansen of one count of perjury and two counts of obstructing justice …
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CONSIDERING REPRESENTING YOURSELF? – LAWYERUP!
Although this is a bit cynical and speaks mainly of civil litigation he makes some very good points about how a self represented litigant is simply out of his or her league in court. In criminal court the Crown Attorney is not your friend, your helper or your adviser. He/she has many years of experience …
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WARRANTLESS ACCESS BY POLICE TO YOUR INTERNET SUBSCRIBER INFORMATION
Should police be able to gain access to your information held by your internet service provider? “In its decision in Spencer a year and a half ago, the Supreme Court stated that a warrant is needed in all circumstances except where: 1) there are exigent circumstances, such as where the information is required to prevent …
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