Criminal Defence Law Blog
Although the defence lawyer, the federal prosecutor and the Judge weren’t aware of it, a finding of guilt or conviction for production of marijuana invokes a mandatory weapons prohibition order.
The Court » Blog Archive » A Prosecution “Littered With Errors”: Drugs and Guns in R v Shia.
In 2006 the Supreme Court of Canada decided that police or probation officers could not demand bodily samples from those on a peace bond, probation or a conditional sentence to ensure they were complying with conditions of abstention. They said that when a condition may pose a risk, such as the seizure of bodily samples it must be subject to stringent standards and safeguards and random drug testing at a probation officer’s discretion could become highly arbitrary. Stating that a positive test will be a breach of probation is contrary to criminal law. Yesterday all of that changed.
Everybody comes to a case with their own agenda. In this case the police came with dirty hands. Senior Toronto Police Service officers tried to induce Sandro Lisi to commit a criminal offence so they could arrest and charge him. Police are supposed to prevent crime not create it. How can you trust them now? Will there be consequences for this offensive action? I doubt it. There never are.
Undercover Cop Ordered To Lure Rob Ford’s Friend Alexander Lisi Into Drug Deal, Court Hears.
CAN YOU BEAT A BREATHALYZER WITH POWDERED ALCOHOL? – The short answer is no. Alcohol is alcohol no matter how you ingest it. Here’s the explanation:
When we get charged with speeding or a traffic offence we usually figure it’s not worth it to attend court to stand in line to set a trial date and then have to take a day off work to attend the trial, so we just grit our teeth and pay it. Ontario wants to somehow start having hearings online with “unbiased decision makers” who are not judicial officers. What do you think? A good idea or not? (Here is the MAG consultation paper: http://www.attorneygeneral.jus.gov.on.ca/english/POA%20ConsultationPaper%20Final_ENG.pdf
To be honest, most of our Crown Attorneys understand and take the duty to prosecute fairly, very seriously, but every once in a while there is one, whether because of inexperience, tunnel vision or for career advancement, prosecute to win. “In 1984, I was 33 years old. I was arrogant, judgmental, narcissistic and very full of myself. I was not as interested in justice as I was in winning. I did not question the unfairness of Mr. Ford having appointed counsel who had never tried a criminal jury case much less a capital one. It never concerned me that the defense had insufficient funds to hire experts.” This is why you need an experienced lawyer.
Lead prosecutor apologizes for role in sending Glenn Ford to death row.
Harper eliminated pardons in 2012 replacing it with more expensive, rigorous and restrictive “record suspensions” making it more difficult for those who have committed a crime in the past but have reformed and rehabilitated themselves over time to get their criminal record cleared. By reducing funding to the National Parole Board Harper has effectively terminated the process for the backlog of 6,000 pardon applications (who paid $150) they haven’t yet got around to. Those people will now have to abandon their application, re-apply, pay the new $631 fee and wait some more. Welcome to Harper country.
Parole Board says no more funding to clear old pardons applications in backlog | News1130.
“Fulfilling the role of a Crown Attorney was extremely enjoyable. I was magically transformed from powerless student to a man who made incredibly important decisions, appeared on a daily basis in court and, best of all, worked with and directed police officers many years my senior. Unlike today’s Crown prosecutors who are closely monitored by upward reporting and political pressure, my decisions were my own. I only spoke to senior prosecutors when I needed advice. There was no decision by committee. Politics and media had very little influence. Life was wonderful. The only disappointment was my social life, most particularly in bars. I thought if word got out that I was a Crown Attorney, it would have a very positive social effect but much to my surprise, Crown Attorneys ranked slightly above used-car salesmen and far below drug dealers.” Hersh Wolch “Tough Crimes”