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…

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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