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...
Victim Surcharges Found Unconstitutional
by Kirstin Macrae | Mar 1, 2019 | Sentencing
In 2013, the Government amended the victim fine surcharge law, taking away the Judges' discretion in whether to impose the surcharge. In all cases when offenders were discharged, plead guilty or found guilty of an offence under the Criminal Code of Canada or the...
Mandatory Minimum Sentence for Reckless Discharge of a Firearm Struck Down
by Michelle O'Doherty | Dec 24, 2018 | Firearms
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,...
90 day mandatory minimum sentence for sexual interference stuck down
by Ian Carter | Oct 12, 2018 | Sexual Assault
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
by Jacob Legault | Aug 27, 2018 | Drug Offences
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...
Consequences of a Conviction for Sexual Assault
by Ian Carter | May 28, 2018 | Sexual Assault
If you have been charged with a sexual offence, the consequences of a conviction can be serious. In all but the most minor of offences, some form of jail sentence is likely to be imposed. The length of the sentence can vary. In cases of date rape, the sentence is...
Can Strict Bail Conditions Lower My Sentence?
by Kirstin Macrae | Sep 21, 2017 | Bail
You were charged with a criminal offence, such as sexual interference, and released on bail; however, it does not feel like liberty as the conditions on the bail recognizance are incredibly strict. Some examples of strict bail conditions are: house arrest except while...
Probation: What conditions can be imposed?
by Kirstin Macrae | May 5, 2017 | Sentencing
Probation is a sentencing option available to judges after a finding of guilt. If an accused receives a conditional discharge or a suspended sentence, probation will always form part of the sentence. The maximum length a probation order can be is three years. A...
Safety in Joint Sentencing Positions
by Jon Doody | Mar 7, 2017 | Sentencing
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...
Explaining Probation
by Jacob Legault | Feb 10, 2017 | Sentencing
In many cases, an offender's main concern when being sentenced is whether he/she will have to go to jail. However, justices have other tools at their disposal when considering what an appropriate sentence might be. If an accused is convicted or discharged of a...
Categories
- Announcements (1)
- Appeals (3)
- Assault (5)
- Bail (5)
- Charter Of Rights And Freedoms (3)
- Child Porn And Luring (9)
- Corona Virus (1)
- Criminal Harassment (1)
- Domestic Assault (1)
- Domestic Offences (13)
- Driving Offences (32)
- Drug Offences (16)
- Firearms (3)
- Fraud (1)
- Mental Health (1)
- Murder (2)
- Occupational Health And Safety (1)
- Pardons (1)
- Peace Bond (1)
- Prostitution (2)
- Sentencing (7)
- Sexual Assault (26)
- Terrorism (1)
- Trials (13)
- Uncategorized (1)
- Voyeurism (2)
- Youth (26)