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...
Despite police mistakes when seizing a computer to search constituting Charter breaches, the evidence was still deemed admissible
One of the methods by which police are made aware of the presence of child pornography on a computer is when a computer technician is hired to fix the computer and in the process of doing so discovers the illegal content. A recent decision of the Court of Appeal of...
When you cross the border into Canada from the USA, you are subjected to a search, where there is a lower expectation of privacy than you would otherwise have. A recent decision of the Ontario Superior Court considered the use of both detector dogs and ion scanners at...
A recent Ontario Superior Court decision, R v Boekdrukker, addressed this issue. The Court examined both what is required in the Criminal Code as well as what is required under the common law. Section 29(1) of the Criminal Code states that: "It is the duty of every...
SOIRA, or the Sexual Offender Information Registry Act [LINK #1], came into effect in 2004 and requires accused persons convicted of one of the listed sex-related criminal offences to be registered in a sexual offender database. The judge sentencing the accused has no...
The use of social media is essentially ubiquitous with living in the today's society - everyone does it in one form or another. Whether it be Facebook, Twitter, Snapchat, Instagram, LinkedIn, or any of the multitude of texting apps, it is like you use some form of...
On June 6th, the Liberal government introduced Bill C-51 An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act with the aim of amend, remove or repeal passages and provisions that have been ruled...
The Supreme Court recently ruled in the case of R v Paterson, 2017 SCC 15, that police cannot search your home without a warrant simply because it would be impractical to obtain one. Warrantless entries must be compelled by urgency, immediate police action to preserve...
When someone is charged with a criminal offence, such as a domestic assault, the Crown will provide the accused, or his/her lawyer, with their position on resolution. This will entail which charge(s) they would like the accused to plead to along with the sentence they...
An I.T.O. or Information To Obtain, is a document filed by a police officer to a Judge seeking authorization to obtain a search warrant, often to look for evidence of drug offences. This document is accompanied by an affidavit of the officer. The affidavit, a document...
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