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Ottawa Criminal Law Blog

Conduite inattentive

La conduite inattentive est devenue une épidémie nationale. Les lois ontariennes sur la conduite inattentive sont plus sévères que jamais et il est important que les conducteurs prennent au sérieux les conséquences potentielles de cette infraction.

When a defendant has been denied bail: The SCC in R. v. Myers

When a individual is denied bail after a bail hearing or remains in custody waiting the outcome of their legal proceedings, are there any protections to ensure that this person does not languish in jail? Section 525 of the Criminal Code stipulates that when in custody, an accused person is entitled to have their detention reviewed every 90 days. However, over the years, there has been conflicting cases about what this actually means. What is the proper approach to conducting a 90-day detention bail review? Within the last weeks, the Supreme Court of Canada released R. v. Myers, where it specially addressed this question.

Supreme Court Rules Part of Child Luring Law is Unconstitutional

In a decision released last week, R v Morrison, 2019 SCC 15, the Supreme Court considered various aspects of the Criminal Code that deal with the offence of child luring. The Court was asked to consider the constitutionality of three parts of the offence, and ultimately found one section to be unconstitutional and the other two as being valid.

Think a distracted driving offence is no big deal? Think again.

Driving while distracted has become a national epidemic. However, just because it is common doesn’t mean it is safe. And it also doesn’t make it okay in the eyes of the law.

In fact, distracted driving laws in Ontario are harsher than ever now, and it is crucial for drivers to take the potential consequences of this offense seriously.

La défense du consentement implicite dans le contexte d'une relation conjugale

L'infraction de voies de fait est définie de manière large et peut englober toutes sortes de contacts ayant lieu dans une relation conjugale. Ceci inclut toute situation dans laquelle une personne, sans le consentement de l'autre personne, applique intentionnellement la force à cette personne, directement ou indirectement. Ceci inclut également certaines situations dans lesquelles aucune force réelle n'est appliquée.

Victim Surcharges Found Unconstitutional

In 2013, the Government amended the victim fine surcharge law, taking away the Judges' discretion in whether to impose the surcharge. In all cases when offenders were discharged, plead guilty or found guilty of an offence under the Criminal Code of Canada or the Controlled Drugs and Substances Act they were required to pay a victim fine surcharge. The surcharge was 30% of any fine imposed or $100 for every summary conviction count and $200 for every indictable count.

Having Marijuana at School: The Potential Consequences your Child Needs to Understand

A lot has changed in relation to the now quasi-legalization of marijuana in Canada. What has not changed though, is that kids (which in Ontario means under 19), cannot under any circumstances legally consume, possess, or share marijuana.

SCC Decision Clarifies Right of Privacy in Shared Digital Devices

In December the Supreme Court of Canada released their decision in R v Reeves. This decision considered what expectation of privacy an individual has in a shared digital device, such as a shared computer or tablet. The Court found that a third-party, even one who has access to the shared device, cannot unilaterally consent to a police search and seizure of the device.

Failing to Remain at the Scene of an Accident

It can be an offence to leave the scene of an accident in certain circumstances.  If you are driving a car, a boat or even flying an airplane and get into an accident with another person or vehicle you have a responsibility to remain at the scene and provide certain information.  You must give your name and address and, where any person has been injured or appears to require assistance, offer assistance.  If you do not provide this information there is an automatic presumption that you were trying to avoid civil or criminal liability, which is what is required for the prosecutor to prove the case.

How Do the Police Prove You are Driving High?

Now that marijuana is legal in Canada, the likelihood of people driving high (or mpaired by marijuana) has risen. Unlike alcohol, however, there is no easy test to determine if someone is legally impaired by marijuana. The Federal Government has approved a device, the Drager DrugTest 5000, that tests saliva to determine the concentration of THC, but there has been concerns raised surrounding this machine to the point both the Ottawa Police Service [link: https://globalnews.ca/news/4441503/no-plans-roadside-device-saliva-pot-ottawa-police] and the RCMP [link: https://www.cbc.ca/news/canada/drug-impaired-driving-tests-1.4891163].

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Ottawa Criminal Law Blog | Bayne Sellar Ertel Carter