Criminal Defence Law Blog
It is a controversial move that has its problems. It streamlines the process by removing the case from the courts (meaning that there is no opportunity to provide a defence) by authorizing a police officer to determine impairment, to conclude guilt and impose penalties. (i.e. judge, jury and executioner?)
“I always tell my clients, when they’re charged with a criminal offence, win or lose, you always lose,” says Charney. “If you’re arrested, and not convicted, you are still punished through the arrest, and the night in jail, and then having to find a lawyer, and being put through that ringer.”
This is one of the issues that have to be sorted out when the courts resume operation. Fortunately, we have the strength of the Criminal Lawyers’ Association and the leadership of John Struthers to help us through.
“I cannot reject the joint submission only because the proposed sentence is not fit,” she wrote. “I may only depart from the joint submission if the proposed sentence is contrary to the public interest or would bring the administration of justice into disrepute.”
