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...
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...
A lot has changed in relation to the now quasi-legalization of marijuana in Canada. What has not changed though, is that kids (which in Ontario means under 19), cannot under any circumstances legally consume, possess, or share marijuana. Any marijuana in the...
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...
There are many questions on the minds of Canadians regarding the use of recreational cannabis and driving. How long do you have to wait after consumption to drive? How does cannabis impair your driving ability? Is cannabis treated the same way as alcohol? These Are...
As of October 17th 2018 there has been a massive overhaul to the marijuana laws in Canada. As adults we can now purchase, possess, and consume marijuana legally, subject to a number of restrictions. But like with any big change, you can expect some confusion, some...
A request to walk in a straight line, or take a breathalyzer test, may be expected if you are pulled over under suspicion of drunk driving. But what options are available to police officers when they suspect someone has been driving under the influence of cannabis?...
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...
With the Government's announced intention to legalize the recreational use of marijuana there has been increased attention to the issue of impaired driving as a result of the consumption of a drug. The offence of impaired driving by drug has always existed but...
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