Criminal Defence Law Blog
If the date of July 1, 2018 is accurate, we now know how long we have to delay charges of simple possession that the police insist upon laying.
The federal Liberals have reportedly set a date to officially legalize marijuana, according to a report.
Source: Marijuana could be legal by Canada Day 2018: report – 680 NEWS
This may be a bit of information you’ll be glad to have one day. Well…..you know….maybe not you, but a friend.
Hopefully you’ll never find yourself in a situation where your hands are zip-tied together and someone is attempting to harm you – but, if you do, the YouTube star “Crazy Russian Hacker” has a simple solution that could possibly save your life! You can simply use your shoes to bust f..
At least this Government has turned to the right direction but not gone far enough. There’s so much more to do. “The justice minister should actually move forward with marijuana legalization, decriminalization of drug possession, bail reform, fixes to court delays, judicial appointments and minimum sentence rollbacks.” What we really need is to restore the Canadian Law Reform Commission which was decommissioned by the last government.
Source: Liberals pick only low-hanging justice fruit with Bill C-39
“Despite the Supreme Court’s finding that cell phone searches require warrants, the DHS and CBP have interpreted this to mean it doesn’t apply to searches of devices entering/leaving the country. Searches of cellphones by border agents has exploded, growing fivefold in just one year, from fewer than 5,000 in 2015 to nearly 25,000 in 2016. According to DHS officials, 2017 will be a blockbuster year. Five-thousand devices were searched in February alone, more than in all of 2015. Officers and agents are seizing and searching devices by force. Device searches were always considered intrusive and were saved for criminal suspects and watchlisted travelers. Now, it’s everyone.”
GOVERNMENT TO REPEAL ZOMBIE LAWS – It’s a good beginning and it’s about time but you know it means a zombie apocalypse is just around the corner.
Source: Ottawa shows courage by killing ‘zombie laws’: Editorial | Toronto Star
I frequently get calls that when I pick up, no one is there. I never try to call them back. It’s a good idea not to unless you’re sure it’s a local number.
Here is what you need to know about a phone scam that seems to reappear every few years.
Source: Do Not Return Calls or Texts From These Area Codes–It’s A Scam! | Inc.com
Another controversial decision in a sexual assault case however before taking a position, read the actual judgment.
Here is the full transcript of Judge Gregory Lenehan’s March 1 decision acquitting a Halifax taxi driver of sexually assaulting an intoxicated passenger found partly naked and unconscious in the back of his cab.
Source: Read the full decision from the judge who said ‘clearly a drunk can consent’
A preliminary inquiry is a check and balance in the system in serious cases. It’s purpose is to have an unbiased judicial determination of whether there is enough evidence to warrant a trial. While it’s true that full disclosure obviates the need in some cases, watching a video of a complainant talking to the police is not nearly the same as being able to discover the case by asking questions of the complainant. Many cases are re-assessed by both sides after a prelim and often result in more realistic views of the strength of the case. But now, prosecutors “are under orders to prefer indictments and to limit preliminary inquiries or to get rid of them completely.” This is what happens when the Crown has more power to determine the process than a Judge has.
Defence involved in murder case says forcing clients to choose between preliminary inquiry and speedy trial is ‘extortion’
Source: Ontario lawyers say clients forced to choose between rights in murder case – The Globe and Mail
TRIAGE TRIAL SYSTEM – We’ve used this system in Newmarket for a few years now. Here’s how it works. A number of trials are set for the same date. In the morning the scheduled trials are assigned to courts as the courts are or become available. A lot of factors come into play but generally speaking the more serious the case the higher it rises on the list of priority. Any cases that cannot be reached are resolved in some way or are rescheduled …and put back into the triage system.
Crown attorneys say staff shortages have led to 200 cases stayed in past two months to meet time limits
Source: Alberta prosecutors at ‘breaking point’ as abandoned cases pile up – The Globe and Mail
