Once again American law aligns with our law. “it would be fundamentally unfair and a deprivation of Due Process to allow an arrested person’s silence to be used to impeach an explanation subsequently offered at trial.” In other words, at trial, the Crown cannot ask or even comment about you exercising your right to remain silent upon arrest. You will NOT look guilty if you refuse to speak to the police.
WHAT YOU SHOULD EXPECT OF YOUR LAWYER – New ATC Breath and Blood Alcohol Standards
If you’re charged with a drinking and driving offence, these technical requirements are only one aspect of your case a criminal defence lawyer should analyze in assessing whether you have a viable defence. (Thank you Jim Wigmore for bringing these recommendations to our attention.)
CAN POLICE LEGALLY SEARCH YOUR CAR IF THEY CLAIM TO SMELL MARIJUANA?
We all know that in unrelated traffic stops police often claim to smell the odour of marijuana as an excuse to search the vehicle. I have always argued that the odour of burnt cannabis in a car is indicative that there WAS (past tense) weed smoked in the car at some time in the past not that there’s more in the car now. Besides, we also know how the smell of any smoke can linger on a person or in a place for a long time. In Canada, because odour is transient, it blows in the wind and the assertion cannot be tested in court, the odour of cannabis alone is NOT sufficient to establish reasonable grounds to believe cannabis is in the vehicle. More is required to justify a search.
Killed in An Accident at 8 Months: Canada Says Unborn Baby Wasn’t a Human Being | LifeNews.com
Our criminal law draws the line between the rights of an unborn child to life and the rights of a mother to abortion. The line is currently drawn “that as long as you make sure the baby is dead in utero there’s absolutely no criminal charge, but if you deliver the baby alive [and it dies soon after] then it’s murder.”
Killed in An Accident at 8 Months: Canada Says Unborn Baby Wasn’t a Human Being | LifeNews.com.
24 maps and charts that explain marijuana – Vox
Here’s all the facts and evidence you probably ever need to know about marijuana in 24 easy to understand maps and charts.
WHATEVER YOU SAY OR POST ON SOCIAL MEDIA CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW
Our criminal code defines defamatory libel as a matter published that is likely to injure the reputation of a person by exposing him/her to hatred, …contempt or ridicule or designed to insult the person. A libel is published when it is exhibited in public or caused to be read or seen. If convicted of this you can go to jail for 2 years even if the libel is true. Be very careful what you say on social media because in Canada you can go to jail for speaking the truth.
JUDGES DON’T ALWAYS BELIEVE THE POLICE OFFICER
I often hear clients express the concern that if they go to trial the Judge will just believe the police officer and disbelieve them. Simply put, that is not necessarily true. In one case I defended a client charged with running an ecstasy lab where the York Regional police officer fabricated 2 notebooks covering a year of investigation. The dates of his notes kept changing years as he kept confusing the year of the event with the year he was writing the notes. I venture to say with some degree of confidence that virtually every drug case in York Region has a (section 8) legality of search issue. Those cases usually don’t go to trial as a good defence lawyer will help the prosecutor and/or pre-trial Judge recognize the illegal nature of how police obtained the evidence. If you’re charged with a criminal offence don’t give up hope – talk to an experienced criminal defence lawyer. We can help.
Police who lie: How officers thwart justice with false testimony | Toronto Star
Police perjury is rampant. “The Star found 28 cases since 2005 that involved a total of 34 Toronto officers determined by judges to have misled the court.” Police policy seems to be to just blow it off. “Toronto police spokesperson Mark Pugash equated the language used by judges in the cases reviewed by the Star to “throwaway comments unsupported by evidence.” ” Carry on.
Police who lie: How officers thwart justice with false testimony | Toronto Star.
Toronto police officer rebuked by judge for fabricating evidence | Toronto Star
There are NO criminal consequences for police officers who fabricate evidence and commit the criminal offence of perjury during criminal trials. They are law ENFORCEMENT officers but seem to have no trouble making up stuff, lying and perverting the course of justice … and nobody seems to care. Carry on.
Toronto police officer rebuked by judge for fabricating evidence | Toronto Star.
WHEN UNDER ARREST, NEVER GIVE A STATEMENT TO THE POLICE AND ALWAYS EXERCISE YOUR RIGHT TO REMAIN SILENT
My advice is always the same – NEVER EVER give a statement to the police or submit to a polygraph test. Police train in interrogation techniques that include lying, coercion, persuasion and minimization which induce false confessions. A study has shown that whenever a confession was involved, every juror voted guilty, regardless of alibis and fingerprint evidence. We need judicial rules “requiring the videotaping of all interrogations, setting time limits on interviews, and making it illegal to lie to a suspect.”