Criminal Defence Law Blog
It’s a problem of arbitrariness, uncertainty and confusion. Finally we will have some restrictions of what can be disclosed in each type of background check, which are explained in this article.
Source: Ontario clamps down on what police can reveal in background checks | Toronto Star
DIGITAL EVIDENCE – We all leave digital trails of information we may not even be aware of. In this case his wife’s fitbit and his computer put the lie to his story.
HOW MUCH DELAY IS TOO MUCH? – Although the S.C.C. has set out pretty clear timelines of 18 months (lower court) and 30 months (higher court) the application is far from clear. It gets complicated. Trial and appeal courts are struggling to interpret it and the government is now asking the S.C.C. to change the limits.
Supreme Court hearing for accused trafficker James Cody plays stage to appeal for consideration of slow-moving process
Source: Supreme Court drug case prompts appeal for tolerance of judicial delays – The Globe and Mail
Let’s be clear that there never were any underage girls involved. Police placed ads pretending to be an adult female prostitute. Once contact was made the police officer pretended he was younger than 18. Most of those charged were not specifically looking for an underage prostitute. That’s why it’s called a “sting”. What confuses the issue is that the age of consent is 16 unless you’re a prostitute then you cannot consent until you’re 18.
Source: York police arrest 104 after officers pose as child sex workers | Toronto Star
THE CANNABIS ACT: Go to the source of information to answer your questions. I don’t expect you’ll read all 126 pages of this Act, but the information is here if you wish to scan for the basic provisions.
Source: Cannabis Act
Even when marijuana is legalized it will still be illegal to possess it under the age of 18 or 19. The proposal is intended to give the Provinces an option to charge youths for possession of marijuana as we would if it were alcohol, as a regulatory rather than criminal offence. They should start doing that NOW.
Source: Teens Won’t Get Criminal Records For Marijuana Possession Under New Canadian Law
AN OVERVIEW OF CANNABIS REGULATION – A good article. This is a first step in what is going to be a shifting landscape for a while.
The Cannabis Act, which will legalize the recreational use of cannabis across Canada, was unveiled by the federal government this past Thursday. The Act is fairly dense, spanning 226 sections and 6 schedules. While there is a lot of content to digest
CHANGES TO IMPAIRED DRIVING LAWS – With the legalization of marijuana comes other changes including “new and stronger laws to punish more severely those who drive while under the influence of drugs by introducing proposed legislation that would reform the entire impaired driving regime in the Criminal Code.” Check it out.
Source: Backgrounder: Changes to Impaired Driving Laws – Canada.ca
These standards have to be met in order for any criminal prosecution to continue. It’s said to be an exercise of quasi-judicial discretion. Some will find the “Scope of Policy” section of interest.
https://www.attorneygeneral.jus.gov.on.ca/english/crim/cpm/2005/ChargeScreening.pdf
The day has finally arrived but with so many questions to be answered. At least it’s a significant step in the process, but the devil is in the details.
Source: Trudeau Unveils Bill Legalizing Recreational Marijuana in Canada – The New York Times
