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There are consequences when a person breaks the law in Canada. The type and degree of penalties depend on several details, ranging from who committed an offence and the nature of the crime to the presence of aggravating factors. This last element of aggravating...
Cellphones now facilitate nearly all forms of business and personal activity. And there is no question that cellphones are used to facilitate criminal activity. It has been noted that cellphones are the "bread and butter" of the drug trade and the means by which...
Imagine a scenario in which an individual fires a gun into the air in a crowded room. The offence of intentionally discharging a firearm being reckless to the life or safety of another person (s. 244.2 of the Criminal Code) is a newer firearm offence that was...
As noted in a previous blog post, 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...
In many sexual assault trials, an accused person will have a copy of text messages or emails from the person making the allegations (known in the criminal justice system as the "complainant"). Sometimes those communications might be about the offences themselves. ...
In a recent case before the Ontario Superior Court, an individual was charged with two counts of dangerous driving causing bodily harm. The charges arose out of a collision at an intersection as one the vehicles was attempting to make a left turn. At the outset of...
Teenagers are typically more technologically savvy and connected than their parents. They use messaging apps and social media sites their parents may not even know about, which means that despite a parent's best efforts, their child can still do things they are not...
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:...
