La défense de contrainte est disponible pour de nombreuses infractions criminelles, bien que son applicabilité à une accusation de meurtre semble être extrêmement limitée. Il peut toutefois survenir dans une accusation de voit de fait ou trafic de drogue. La défense...
The defence of duress is potentially available for many offences, although its applicability to a murder charge would appear to be extremely limited. It may, however, arise in an assault or drug trafficking case. In essence, the defence is that a person was forced...
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...
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 order to search your house with a warrant, the police need to swear an affidavit (known as an ITO) to get authorization from a judicial officer. The ITO sets out the reasons, and the supporting evidence, why the police believe there will be evidence, such as...
You've been charged with a criminal offence, such as conspiracy to traffic cocaine. The police used an agent and a wiretap to gather incriminating evidence against you. In doing so, they breached your Charter rights. The presiding judge rules that the wiretaps should...
"Dynamic Entires" are a tactic commonly used by the police in drug investigations. Although they thought they could, it turns out the police cannot just have a policy of bashing in your door and throwing a "distraction device" into your front entrance way scaring the...
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...
Another One Bites the Dust – ONCA strikes down certain Mandatory Minimum Sentences for production of marijuana
In May 2018, the Ontario Court of Appeal in R v Vu, 2018 ONCA 436 has struck down mandatory minimum sentences (MMS) in relation to the productions of marijuana. Parliament had implemented a sliding scale of MMS for marijuana production offences. The MMS go from 6...
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...
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