The ReeveLaw Blog

Is this a mountain or a molehill? What do you think?

Justice Bernd Zabel, who declared his support for Donald Trump in court, is no longer presiding in court, according to a spokeswoman for the Ontario Court of Justice.

Source: The Hamilton judge who wore a ‘Make America Great Again’ hat in court has been banned from trying cases | Toronto Star

I bet you didn’t know this. How could you? It’s a secret.

A freedom of information request reveals new details on a secretive program to roll out surveillance equipment across Ontario.

Source: At Least Nine Ontario Police Agencies Helped Deploy Secret Surveillance Gear | Motherboard

In one call a woman dialed 911 saying all her cable TV programs were in French but she was not French.

Source: Southern Ontario police force releases list of silliest 911 calls in 2016 | Toronto Star

It’s been quite an interesting year in the criminal law field.

It’s not every year that the criminal courts dominate headlines as they did in 2016. More’s the pity too, because at least in the courts there is usually some certainty

Source: Christie Blatchford: The year’s best and worst moments in Canadian criminal justice

Although this happened in Japan it reflects some of the anguish and consequences of being wrongfully charged.

Jailed in Japan for a crime she didn’t commit, a young American teacher learns the meaning of the phrase sho ga nai — “It can’t be helped.”

Source: Truth, Lies, and Videotape at the Kawasaki Kmart

This is a pretty good assessment of the costs of being charged with impaired driving/over 80/refuse to blow. Something to consider this holiday time of year.

We all know that impaired driving has a huge cost on our society, with the loss of lives, injuries and damage to property. But it also has a direct financial cost on those who are charged with the offence. Here is what you could expect to pay should you be charged or convicted of impaired driving in Ontario. Administrative Licence Suspension: Upon arrest, an individual’s licence is suspended for 90 days and the vehicle impounded for 7 days. There is a $180 administrative penalty. Legal fees: In order to avoid any other fees, a person would need to be found not guilty after a trial. Legal fees for that could range from $5000 to $10000 or more, depending on the complexity of the case and the length of the trial.Should a person be convicted of impaired driving, then they can expect following costs: Fine: There is a mandatory sentence of a minimum $1000 fine and a one year driving prohibition for first time offenders. The fine can be more depending on if there are elevated breath test readings or bad driving, including an accident.Interlock Ignition: An individual can reduce the length of the driving prohibition by participating in the Interlock Ignition program.  If one is found guilty within 3 months of the arrest, they are eligible to drive after 3 months of the conviction and then use the interlock system for 9 months. After three months, the individual can wait 6 months and then use the interlock system for 12 months. The monthly cost of an interlock device is about $124 to $128 a month, and then there is a removal fee of $56.50. (These are based on numbers from A 1 Lifesaver of Canada and Alcolock Canada Inc.)If a person chooses not to partake in the interlock program, then they are not able to drive for the full driving prohition (1 year) and then the following licence suspension (1 year) for a total of 2 years. Back on Track: There is a mandatory alcohol education program which must be completed before an individual can have their licence fully reinstated. The program costs $634 for assessment, education/treatment and follow-up.Licence re-instatement fee: It costs another $180 to have your licence re-instated after completing the licence suspension.Insurance: an impaired driving conviction will affect an individual’s insurance premiums, which can cost up to a few thousand dollars a year.To recap: If a person is convicted of an impaired driving charge, aside from legal fees,  they could expect to pay the following: (Keep in mind that this is a conservative estimate of Interlock and the minimum fine.) $180 Administrative fee$1000 Fine$1548.10 interlock (if Stream B; $1175.20 if Stream A)$634 Back on Track$150 Licence Re-instatement feeGrand total: $3542.10This of course does not include legal fees, a rise in insurance premiums and the possible effects of a criminal record on employment. The numbers certainly make the price of a cab or Uber pale in comparison.Wishing you a safe and happy holiday!*The information contained in this blog post, as with all the blog post, is legal information and not legal advice. You can find more information at the Ministry of Transportation’s website: http://www.mto.gov.on.ca/english/safety/impaired-driving.shtml 

Source: The Cost of Impaired Driving — McElroy Law

And a Crown Attorney’s response.

Source: Don’t blame crown attorneys for court delays

I agree entirely with Mr. Spratt. These days Crown Attorneys have more power, discretion and control over a prosecution than a Judge has. It’s the logical first place to look for answers.

Source: Real change in court system must start with Crown attorneys

A lawyer would answer: Well……it depends.

Tristan Brown’s car was struck by a piece of ice as he drove home from a Christmas celebration.

Source: Who is accountable when ice from another vehicle hits your car on the highway? | Toronto Star

“The reforms have compounded pressures on the criminal justice system and have led to an increase in challenges pursuant to the Canadian Charter of Rights and Freedoms. There were 64 mandatory minimum penalties in the Criminal Code and nine mandatory minimums in the Controlled Drugs and Substances Act. Since 2005, 51 code offences were amended to either increase existing mandatory penalties or introduce a new one. Justice Department officials were tracking more than 100 constitutional challenges to mandatory minimum penalties alone.”

Source: Reforms have compounded pressures on Canada’s criminal justice system: memo – National | Globalnews.ca