Author archives: wpengine

Is a text message more like an email or a telephone conversation? Does it makes a difference if the text message is intercepted, or if it is read after it has already been delivered to the recipient? The principle that appears to be emerging now, according to the B.C. Court of Appeal, is that individuals …

Continue reading “PRIVACY: TEXT MESSAGES”

Proof that an accused’s blood alcohol concentration exceeded 80 milligrams of alcohol in 100 millilitres of blood is an essential element in every ‘over 80’ prosecution. Two test results from a Intoxilyzer will be deemed “conclusive proof” of the accused’s blood/alcohol content at the time of driving unless it can be shown the instrument was …

Continue reading “DEFENDING OVER 80 CHARGES JUST GOT TOUGHER”

“All of us know someone who has been charged with or convicted of a crime. Most of us don’t think this connection could cost us our employment but in the terrifying surveillance state we live in, you don’t have to commit a crime to be criminalized. You don’t even have to interact directly with people …

Continue reading “THE DESTRUCTIVE POWER OF AN ACCUSATION or WELCOME TO OUR POLICE STATE”

A conditional sentence (sometimes referred to as house arrest) is a jail sentence that is served within the confines of one’s residence. A person’s home becomes their jail. A breach of any conditions imposed will land them in real jail. People often consider this to be a soft touch, but in this case, Lori Douglas …

Continue reading “HOW DIFFICULT IS IT TO SERVE A CONDITIONAL SENTENCE? –”

There has been a recent increase locally in scams related to tax collection by suspects claiming to be police officers. Suspects advise victims by telephone that they have an overdue amount of taxes owed to Canada Revenue Agency and threaten that if they don’t pay, police will attend at their door and arrest them. York …

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The situation inside correctional facilities (i.e. jails) across the province “has gotten out of control.” The frequency of lockdowns are soaring. “It’s not a safe environment for anybody, the offenders or the staff.” During a lockdown the inmates are confined to their cell. They are prevented from seeing legal counsel and family, attending court, accessing …

Continue reading “WHAT IS A LOCKDOWN?”

Very few are “throw away kids”. Read this and feel the reality of rehabilitation and reformation efforts of the criminal justice system. It is people like this, our dedicated probation and parole officers who are the ones that promote healing and truly keep us safe. Source: Youth Probation: Youth Probation

Although this is about family law cases with the inaccessibility of legal aid and the persistent downturn of the economy, these points are equally applicable to criminal law cases. Litigants without counsel: 1. Have unrealistically high expectations of the outcomes they are likely to achieve. 2. Are more likely to go to trial than settle. …

Continue reading “IT TAKES A LIFETIME (AND THEN SOME) TO BECOME AN EXPERT IN THE LAW – PROBLEMS WITH SELF REPRESENTATION”

 If we’re going to continue to pack our jails with those on remands waiting a bail hearing or a trial and by handing out more and longer jail sentences then we have to pay the cost of jails and guards. Should correctional service officers and probation/parole officers be considered an essential service? The corrections workers, …

Continue reading “YOU CAN’T BE TOUGH ON CRIME WITHOUT PAYING THE PRICE”

With OPSEU poised to strike on January 10, 2016 we are already experiencing job actions by correctional services employees. This includes jail guards, probation and parole officers. Inmates are already reporting inhumane conditions of being in 24 hour lockup without food or medical or other services. Jail guards are refusing to release prisoners for transport …

Continue reading “CRISIS IN CORRECTIONS: A BAD TIME TO GET ARRESTED”