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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...
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...
