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
by Ian Carter | Nov 8, 2021 | Drug Offences
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...
Search of Cellphone Located Near Drugs Held to be Unlawful
by Bayne Sellar Ertel Carter | May 26, 2021 | Charter Of Rights And Freedoms, Drug Offences
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...
Government Introduces Bill to Get Rid of Mandatory Minimum for Drug Offences
by Ian Carter | Apr 21, 2021 | Drug Offences
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...
Driver Acquitted of Impaired by Marijuana
by Ian Carter | Apr 14, 2021 | Driving Offences
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...
Dated Information Used to Obtain a Search Warrant
On Behalf of Bayne Sellar Ertel Carter | Feb 9, 2021 | Drug Offences
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...
Can the police use excluded wiretaps at trial?
by Mark Ertel | Aug 7, 2020 | Drug Offences
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 Entries
by Mark Ertel | Jun 26, 2020 | Drug Offences
"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...
Les nouvelles accusations de conduire avec les facultés affaiblies (par la drogues)
by Jacob Legault | Apr 15, 2020 | Driving Offences
Lorsque le gouvernement libéral a décidé de légaliser la marijuana, le gouvernement a aussi clairement indiqué qu'il apporterait également des modifications aux lois sur la conduite avec facultés affaiblies par la drogue. Ces changements sont entrés en vigueur le 17...
The New Impaired by Drug Driving Offences
by Ian Carter | Feb 10, 2020 | Driving Offences
When the Liberal government decided to move toward the legalization of marijuana, it made clear that it would also be making changes to Canada's impaired by drug driving laws. Those change came into effect on October 17, 2018. The most significant changes fall into...
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