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On February 18, 2021, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, introduced proposed amendments to the Criminal Code and to the Controlled Drugs and Substances Act. The purpose of the Bill is to decrease the representation of...
In a recent decision from Saskatchewan, a driver has been acquitted of impaired by drug despite the evidence of a Drug Recognition Expert (DRE). The expert had relied on the following evidence in forming his opinion: • Reddish face; • Cannabis on his...
In a previous blog we discussed offences that involve possession of firearms. One of those offences that has a unique element is possession of a loaded prohibited or restricted firearm (Section 95 of the Criminal Code). The Crown must prove that the accused:...
Police stop a vehicle. There is a driver and a passenger. On the back seat lies a 45 calibre handgun in plain sight. As was discussed in a previous blog, the Crown has to prove that an accused has both knowledge of and control over a firearm before a conviction can...
There are a number of offences in the Criminal Code that are based on being in the use a firearm. In a previous blog, we discussed the offence of carless use of a firearm. Other examples include: pointing a firearm at another person (s. 87 of the Criminal Code) and...
There are a number of offences in the Criminal Code that are based on being in possession of a firearm. Examples include: possession of a prohibited or restricted firearm without a licence (ss. 91 and 92 of the Criminal Code); possession of a loaded prohibited...
Section 10 of the Charter reads: “Everyone has the right on arrest or detention a) to be informed promptly of the reasons therefor; b) to retain and instruct counsel without delay and to be informed of that right; and c) to have the validity of the detention...
Section 9 of the Charter reads: “Everyone has the right not to be arbitrarily detained or imprisoned.” This right guarantees against being arbitrarily detained or imprisoned by the state. This right applies not only to physical detention, but also investigative...
Whether it be a deliberate shot taken at a mistaken target during a hunting trip or an accidental discharge while handling a gun at home, your actions can lead to a criminal charge. The offence of careless use of a firearm can be found in subsection 86(1) of the...
Section 229 of the Criminal Code defines the crime of murder. The offence is established if the Crown proves beyond a reasonable doubt that: the accused caused the person's death that the death was caused by an unlawful act; and the accused had the requisite...
