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,…

During the week of April 10th, the Canadian Liberal government is going to announce legislation that will make marijuana legal in Canada starting July 1, 2018. The legislation follows a recommendation made by the federally appointed task force led by Justice Minister Anne McLellan. A senior government official who spoke under anonymity confirmed that Bill…

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….

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