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...
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...
Over the last few years, multiple mandatory minimum sentences have been challenged in courts across Canada. The federal government has also toyed with the idea of repealing a number of these sentences that came into force during the Conservative government. However,...
In a recent case in the Onatrio Superior Court of Justice, the mandatory minimum one year jail sentence for Sexual Exploitation was found to be unconstitutional. This decision is part of what is now a long line of cases where mandatory minimum senteces for sexual...
Mandatory minimum senteces for sexual offences are continuing to fall. The mandatory minimum sentence of one year in jail for sexual interference when the Crown proceeds by indictment has previuosly been declared unconstitutional in many cases Now, the mandatory...
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...
Drug offences are a unique set of offences in Canada, and are criminalized under the Controlled Drugs and Substances Act (CDSA) as opposed to the Criminal Code like most other criminal offences. This also means that drug offences are prosecuted not by the local...
The Supreme Court recently released a judgment in Lloyd striking down as unconstitutional a minimum sentence for drug trafficking. The Court found the minimum sentence, a one-year mandatory minimum where the offender has been convicted of a previous drug offence...
There have been some serious amendments to drug offences in Canada in the last year, with substantial changes made to sentencing. Harper's conservative government brought in a series of mandatory minimum sentences, including for marijuana offences. While this change...
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- Search of Cellphone Located Near Drugs Held to be Unlawful
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