First thing to be aware of—being intoxicated in public is not a violation of the Criminal Code of Canada. This means even if you are arrested or detained for public intoxication, it will not appear on your permanent record. Technically speaking, it is a violation of the Liquor Control and Licensing Act. Though public intoxication…

At long last, the federal government of Canada is starting to wage war on its zombie laws, and that could have important implications for individuals facing prosecution due to the improper use of a zombie law. What Are Zombie Laws? A zombie law is a code, that while still on the books and technically valid,…

Reflection of Prostitution Laws Since Canada v. Bedford In the landmark case of Canada v. Bedford, Canada’s Criminal Code dealing with three laws on prostitution was struck down. Under Canada’s Criminal Code before Canada v. Bedford, the law deemed it a criminal act to keep or be in a bawdy house, to “live on the…

Charter Application Ruling In the Yukon Territory of Canada, David Peter Taylor filed a constitutional challenge of the Criminal Code that limits the time spent in pre-trial custody. Guilty pleas were already filed for committing the assault offence as well as possession of cocaine. The point of contention is that Taylor is seeking credit for…

The issue facing the court in the case of The Queen v. Strickland, 2017 BCPC 1 In this case, the accused was charged with falsely impersonating a peace officer. The accused had been identified in a photo pack line up by a witness. The photo of the accused that had been included in the line-up…

The Parliament of Canada Standing Committee on Access to Information, Privacy, and Ethics recently released the results of its look into the Privacy Act. The Privacy Act regulates the use, disclosure, and collection of personal information by federal public bodies. The Parliament of Canada Standing Committee believes that the act is outdated and needs to…

The Supreme Court of Canada will soon hear a case that will decide the issue of whether a person has a reasonable expectation of privacy in text messages they send to someone else. When a person sends a text message to someone else, and the police search the other person’s phone and find the text…

According to Honourable Senator Carignan, P.C “the legalization of marijuana is the biggest public policy issue,” Canada will face and believes that it will encourage significant repercussions for Canada. On January 31, 2017, Honourable Senator Carignan, P.C and the Senate met to discuss issues concerning the legalization of marijuana. Back in October 2016, Honourable Senator…

A person accused of a crime is entitled to virtually automatic disclosure of all the information in possession of the Crown and the police that were created as a result of the investigation of the accused that are not clearly irrelevant. However, sometimes highly relevant information may in possession of a third party or institution….

Typically a person who is accused of a crime is entitled to know the names of everyone who provides evidence against them in a criminal proceedings and they are usually entitled to confront that person in court with a view to discrediting them as a witness. One major exception to this is when a person…

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