The SCC has recently affirmed that the CAO got it right. A firearm “means any barrelled weapon from which any shot, bullet or other missle can be discharged and that is capable of causing serious bodily injury or death”. A weapon “means any thing used, designed to be used or intended to use a) in causing death or injury to any person or b) for the purpose of threatening or intimidating any person and includes a firearm”. Barrelled objects fall into 3 groups: 1) Those that shoot a projectile with a velocity of less than 214 ft./s. are not firearms because they are not capable of serious injury or death; these objects will only be considered weapons if they meet paras a) or b). 2) Those that shoot a projectile with a velocity of more than 214 ft./s. are firearms because they are capable of causing serious injury or death. 3) Those that shoot a projectile with a velocity of more than 500 f./s. These objects fall within the definition of firearm for all purposes of the Criminal Code and the Firearms Act and must be licensed accordingly. See the judgment for full details to this summary
ATTACK ON FAIR TRIALS –
Under the pretence of victims rights, Harper is introducing into criminal trials the central features of almost every wrongful convictions – secret evidence, non-disclosure of information and anonymous witnesses.
http://www.ipolitics.ca/2014/11/02/secret-witnesses-curtailed-cross-exams-the-poison-pill-in-the-victims-bill/
ANATOMY OF A SEXUAL ASSAULT CHARGE
This is a pretty good article written by a non-criminal defence lawyer. It is, of course, written with a particular bias but if you’ve been charged with sexual assault it will give you some good insights into what you’re facing
Remembrance Day November 11th
After a prolonged era of relative peace that produced at least one generation that has not known war and as we sense as a country that we are entering a period of violent conflict there is no better time to reflect upon our past sacrifices to value what it has earned us and what we will continue or resume to fight together for. I am proud to belong, with you, to the greatest country on earth.
CRIMINAL LAWYERS’ ASSOCIATION
I am proud to be a member of and proud of the Criminal Lawyers’ Association. When you hire a lawyer who’s a member you gain the benefit of the resources, experiences and history of a united organization of criminal lawyers, many past members who are presently Judges. Don’t you want us to have your back when you most need it? Don’t go it alone. Hire a CLA lawyer.
FINGERPRINT PHONE LOCKING – IS IT A USERNAME OR A PASSWORD?
Our Supreme Court has recently decided that police will require a search warrant to search a cell phone that is password protected, since a password indicates the user expects privacy. In this one case in Virginia the Judge decided that a fingerprint lock is a username and not a password. To my knowledge this has not yet been a legal issue in Canada but now no doubt will be soon. As this writer recommends: “don’t use your fingerprint to unlock it and turn on the option to erase the data on your phone after 10 failed unlock attempts.”
DO YOU REALLY KNOW THE CONSEQUENCES OF A CONVICTION?
If you’re charged with a criminal offence and you don’t know the answer you better talk to a lawyer. Really. You better talk to a lawyer. Here’s one consequence – just one – that you probably didn’t know the details of …. and probably still won’t after reading this.
WHY STAND IN LINE FOR DUTY COUNSEL?
It amazes me every day when I walk into the court house and find people charged with criminal offences standing and waiting an hour or two in a long lineup to get a couple of minutes of time from duty counsel to get some generic perfunctory advice which doesn’t really relate to their specific circumstances when all they have to do is call our office, walk across the street and sit down with us to get a half hour of our time and advice specifically about their case … for free.
WHAT ARE DRUG LAWS REALLY FOR?
Most Canadians are not aware that our drug laws originated in the early 20th century to discourage Chinese immigration. “A “drug” was that which could not be legally possessed; if it could be, then it was not a drug at all, but a medicine, a drink, or a smoke. The battle to eliminate a drug traffic that becomes more profitable the more aggressive our legal response, is devastatingly counter-productive. Every drugs seizure, every boatload or shoot-out, is clearly of only the most trivial significance. But it is presented, by police, lawyers, government, and the media, as an elaborate morality play staged for the cameras.” The latest Canadian act in this play is a mandatory minimum sentence of 6 months in jail for anyone (read university student) who grows 6 marijuana plants.
FALSE GUILTY PLEA TO MURDER
False guilty plea to murder. Why does this happen? An investigator and others “coerced Simon into making a video taped confession, threatened him with the death penalty, pretended to have a witness to him committing the crime and promised him lucrative book deals.” The result of a draconian unyielding system. And the murderer goes free. This is the sort of system we do NOT want here, Mr. Harper.
via Illinois releases prisoner, bringing wrongful conviction full circle – Yahoo News.