Several provinces are examining the constitutionality of a thorny area of the criminal code
Source: Charter issues come to fore on defence of extreme cases of intoxication
NOVA SCOTIA CROWN ATTORNEYS ON STRIKE – CASES DISMISSED.
“CRIMINALS” – Why should we care about “those people”?
The term “criminal” is stigmatizing. it conjures up images of Spiderman stringing bank robbers by their feet until the police arrive—okay, maybe that’s just me—but typical views on anyone who’s been arrested, or as organizations like the John Howard Society refer to them: justice-involved, are that these individuals are the lowest of the low because they’re the bad guys who threaten our family’s safety and well-being.
Source: Unpopular Opinion: You should care about ‘criminals’
Cannabis edibles may avoid detection in drug tests, toxicologist says. The science isn’t there yet.
RCMP say although they use drug-testing technology only the standard field sobriety test needs to be used to lay impaired driving charges
Source: Road Trip: Cannabis edibles may avoid detection in drug tests, toxicologist says
THE HIGH COST OF A LEGAL EDUCATION – You spend a minimum of 9 years after high school and come out with $100,000 to $200,000 in debt and years behind your peers in earning. Then you have to borrow more to invest in setting up an office and start looking for work in a competitive market while carrying the debt load. This is a reason why lawyers have to charge what they do.
Debt loads are becoming an enduring burden for Canadian law graduates, and that is distorting the profession’s ability to service the public.
BENEFIT OF LESSER PUNISHMENT – The Charter provides that “any person charged with an offence has the right if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.” What if the punishment was lower between those two points in time. Does one get the benefit of the LOWEST punishment prescribed over that period of time? The S.C.C. says: “A binary right involves a comparison of the punishments under the laws in force at two set points in time (commission of the offence and sentencing) and the right to receive the lesser of these punishments. … 11 (i) is intended to confer a binary right.” In other words, NO. It is not a “global right”.
Majority of court finds that s. 11(1) of Charter confers binary, not global right
Source: Convicted person has right to lesser of two punishments existing at time of commission or sentencing
You’ve got to be a special kind of law enforcement officer Tennessee style.
There’s something you don’t see every day.
Source: Tennessee Deputy Sued Twice In The Same Day Over A Roadside Anal Search And A Forced Baptism
Does a Criminal Record Prevent You From Entering the U.S.? – PLEASE READ THIS!
Are you a Canadian citizen or permanent resident interested in working or immigrating to the U.S., but have a criminal conviction?
Source: Does a Criminal Record Prevent You From Entering the U.S.?
A LIMIT ON POLICE POWERS – The police have no authority to arrest an individual who is acting lawfully in order to prevent an apprehended breach of the peace. This is of particular importance in the context of public demonstrations. No more “kettling” or mass arrests at lawful protests.
The Supreme Court of Canada released its decision in Fleming v Ontario, on October 4, 2019. The decision was unanimous, with Côté J. writing for the Court. The case is about common law police powers of arrest. In arresting Mr. Fleming (the Appellant), the Respondent Attorney-General of Ontario and police officers argued that they had made use of an ancillary common law police power authorizing the arrest of an individual who was acting lawfully in order to prevent an apprehended breach of the peace.
Alberta to introduce legislation that would allow access to partner’s criminal records. OR you could ask your partner to provide a criminal record check.
Legislation is being introduced this fall to bring a “Clare’s Law” to Alberta that would allow people access to criminal records of their partners in hopes it will help protect people from potential domestic violence.
Source: Alberta to introduce legislation that would allow access to partner’s criminal records