CAN JUDGES JUMP JOINT SUBMISSIONS ON SENTENCE?

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The law requires that we ensure that any client who pleads guilty to an offence is aware that it is the Judge who sets the sentence, not the lawyers. When the Crown and defence present a joint submission on sentence can a Judge go above or below it? The SCC says the answer is pretty much NO unless doing so would bring the administration of justice into disrepute. “The test he should have applied is whether the proposed sentence would bring the administration of justice into disrepute, or would otherwise be contrary to the public interest. Under the public interest test, a trial judge should not depart from a joint submission on sentence unless the proposed sentence would bring the administration of justice into disrepute or is otherwise contrary to the public interest.”

The link below provides a summary of the court’s decision.

Source: Email Template

FACEBOOK PRIVACY NOTICE – STOP POSTING IT!

“We’ll put this simply to avoid further confusion: stringing together nonsensical bits of pseudo-legalese cannot save you from succumbing to the rules and regulations of the Facebook gods. You can’t change the terms of a legal agreement with a Facebook status update. Stop it.”

This Facebook hoax has been meaningless for FOUR years. STOP!

Source: Stop Posting That Facebook Privacy Notice — Your Pseudo-Legalese Means NOTHING! | Above the Law

CRIMINAL LAWYERS ARE NOT IN IT FOR THE MONEY -Defence counsel hit hardest by antiquated court processes

“Our wealthy Bay Street brothers and sisters laugh at our modest hourly rates and require smelling salts when told about payments under the legal aid system. Criminal defence lawyers oil the machinery of justice, and we pay for that privilege. Or so my fax machine tells me.”

Source: Defence counsel hit hardest by antiquated court processes

CROSSING THE BORDER AND MARIJUANA CONSUMPTION -The anatomy of an exclusion: How it happens

Even though recreational use of marijuana will soon be legal here and is legal in some States, having been convicted, found guilty or confessing to border officers marijuana (or other restricted drugs) use or consumption at any time in your life will find you excluded from entry into the U.S. for life. The conundrum is answering truthfully while not admitting to marijuana use and take note: they can and will search your texts and messages on your mobile or computer for evidence.

By Pat Grubb Engraved on the International Peace Arch are the words, “May These Gates Never Be Closed.” For a few unlucky souls, these gates are effectively

Source: The anatomy of an exclusion: How it happens | All Point Bulletin

OPIOID ADDICTION —> CARFENTANIL -Several Chinese companies willing to export carfentanil

It often starts with oxycodone and leads through heroin to fentanyl and now carfentanil, described as “a tool of war for terrorism”. “A kilogram of carfentanil shipped from China was recently seized in Canada. The powder contained 50 million lethal doses — more than enough to wipe out the entire population of the country.”

The Associated Press identified 12 Chinese businesses that said they would export the synthetic opioid known as carfentanil to the United States, Canada, and other countries for as little as $2,750 US a kilogram, no questions asked.

Source: Several Chinese companies willing to export carfentanil: AP investigation – World – CBC News

CRIME IS DOWN IN CANADA

According to Statistics Canada 2014 report “Both the police-reported Crime Severity Index (CSI) and the crime rate continued to decline in Canada in 2014, furthering a longer-term downward trend.” So other than political gain what was all that “Tough on Crime” agenda perversion of the truth all about? Here are all the details you’d ever want to know.

Source: Police-reported crime statistics in Canada, 2014

STONED DRIVING IS A LOT MORE DIFFICULT TO PROVE THAN IMPAIRMENT BY ALCOHOL

 We are very accustomed to determining impairment due to alcohol consumption than we are with other drugs, as we’ve been able to study the effects of alcohol legally for a long time and the effects of alcohol are consistent and predictable. Not so with a plethora of various other drugs. It may well be impossible to determine scientifically but that’s no excuse to impose arbitrary unrealistic limits.

Source: What happens when you’re caught driving stoned? Canada’s Supreme Court may soon tell us | Globalnews.ca

IS PROSTITUTION LEGAL?

No. Selling sexual services is legal but purchasing them is illegal. “The Conservative government (introduced legislation which) targets demand by criminalizing buyers and purveyors of prostitution, including pimps, traffickers and anyone who publishes advertising for the sale of sexual services but it failed to fully decriminalize prostitutes. Instead, it maintained criminal sanctions against those who work in locations frequented by children.” Confused? Remember the age of consent is 16 years of age except a prostitute cannot legally consent until 18.

As Vancouver fails to enforce Canada’s prostitution laws, Liberals leave open the possibility of legalizing sex work, Daphne Bramham writes

Source: Canada prostitution: Trudeau govt must declare stance on legalization

Sent text messages not private: ruling

TEXT MESSAGES ARE NOT PRIVATE – You may intend text messages to be private and police may need a warrant to search your phone but the “Ontario Court of Appeal has ruled that sent text messages seized from a recipient’s phone can be used as evidence against the sender in court.” You lose the aspect of privacy once they are received. This puts them on the same footing as posts to public social media sites like Facebook, Twitter and LinkedIn. On to the Supreme Court of Canada to sort this out.

Source: Sent text messages not private: ruling