Canadians have recently heard a lot about mandatory minimum sentences (MMS) for criminal and drug offenses. A survey concerning the MMS was conducted by the federal government. This has resulted in some commentators wondering if the Liberals will do what’s necessary to roll back the MMS and fulfill their campaign promise. Seeing as the MMS…

After many years of marijuana being smoked in secrecy or eliciting arrests when smoked publicly, Canada is considering legalizing its usage. Amidst the numerous onlookers to the House of Commons health committee studying the government’s bill to permit marijuana were the Saskatoon Police Service, Canadian Association of Chiefs of Police, and the Ontario Provincial Police….

With the way technology progresses, it is sensible to update laws and punishments to accommodate the situation. For instance, when someone is legally prohibited from communicating with another person: years ago, the stipulations regarded talking on the phone, and physically being near the person. Today, the stipulations include e-mail, texting, and any other form of…

Many people believe that a 24-hour drug prohibition and 24-hour alcohol prohibition are the same thing. They are actually very different, from the procedure to review and evidence. Both prohibitions are categorized under section 215 of the Motor Vehicle Act. However, section 215 (2) involves alcohol prohibition while section 215 (3) involves drug prohibition. Specific…

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…

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