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…

The client was initially charged with approximately 45 firearm offences, including possession of stolen firearms, after the police executed a search warrant at the client’s home.  At the preliminary inquiry Mr. van der Walle successfully argued that the client should not be committed to stand trial on the most serious of the charges.  As a…

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,…

Client was observed driving his vehicle erratically just before crashing into a tree.  He was taken to the hospital.  Once he was deemed to be in fine physical shape by hospital staff, he was taken to the police station where he provided samples of his breath that tested at over three times the legal limit….

Crown Counsels are prosecutors who review police reports submitted to them by police officers to determine whether the charges should be approved for a prosecution. The measure they use to make this determination is called, “The Charge Approval Standard.” The charge approval standard consists has two prongs: the evidentiary test and the public interest test….

Plea agreements between the defence and Crown are common place and happen all the time. This is when an accused person agrees to waive their right to a trial and plead guilty early in exchange for the Crown agreeing to ask for a specific sentence. Often times this is done by way of a “joint…

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