Charges: Assault causing bodily harm; Unlawful confinement, Uttering threats.
Issue: Whether a jail sentence was appropriate in the circumstances.
Result: Mr. Mines was able to persuade Crown counsel to move away from their original position of 4-6 months jail and to make a joint submission for a 6-9 month conditional sentence. After hearing Mr. Mines’ submissions, the trial judge granted our client a 6 month community based sentence with a curfew, allowing our client to maintain his employment. No jail.
CTV News: ‘Was this level of force necessary?’: Man hospitalized after police-dog takedown in Nanaimo VICTORIA — An unarmed man was sent to hospital after he was taken down by a police dog in Nanaimo, B.C., on Monday morning. An off-duty officer was out with his police dog at around 9:20 a.m., when he saw […]
On July 24, 2020 the Ontario Court of Appeal (“ONCA”) released a potentially monumental decision. In R v Sharma, 2020 ONCA 478, a majority of the panel of the Ontario Court of Appeal struck down portions of the Criminal Code which prevented judges from being able to grant a conditional sentence for many offences.
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As we enter into the seventh week of isolation across the country many families are finding that social and physical isolation has had a greater impact on their relationships than they could ever have imagined. Tempers are flaring more than usual. Many people are finding themselves uncharacteristically (and often inexplicably) angry and frustrated, and the only people around to direct those emotions at are their family members.
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The massive criminal law Bill C-75 came into force on September 19, 2019 and is now the law of the land. The bill has resulted in some sweeping changes and far reaching consequences for the Canadian justice system. Generally speaking, the intent of the new legislation is to help streamline the court process by creating various efficiencies. It remains to be seen whether all of these changes only benefit police and Crown counsel. We feel that there may be no benefit whatsoever to accused persons.
We recently saw this news item regarding what certainly seems like a sexual assault case that occurred in Alaska: Link to the Source Article. Make no mistake, the alleged sexual act in this case would clearly be a chargeable offence in Canada.
In recent weeks the news headlines have been occupied by the story of Canada’s former Attorney General and Justice Minister Jody Wilson-Raybould and the alleged interference by the Prime Minister’s office in the criminal prosecution of Montreal-based engineering and construction firm SNC-Lavalin. Ms. Wilson-Raybould has alleged that the PMO put inappropriate political pressure on her […]
In our last blog we wrote about some upcoming changes to the criminal law in Canada relating to impaired driving as well as a recent Supreme Court of Canada case relating to impaired driving. For a more in-depth look, please click here. In overview, a part of Bill C-46 comes into force on December 18, […]
The federal government passed Bill C-46 and it has been coming into force over the last while. It is a companion piece of legislation to the Cannabis Act that made recreational Cannabis use legal in Canada. Bill C-46 deals with Cannabis drug impaired driving and related issues. But what is also in the Bill and […]
To say that defending sexual assault cases in the current social and political climate is tricky would be an understatement. In Canada, the current movement of support for sexual assault and abuse victims and complainants really started with the Jian Ghomeshi trial and has continued through to now with the Me Too movement. The groundswell […]
Ever since the federal Liberal government announced that it would table legislation legalizing the sale and use of cannabis marijuana for recreational purposes we’ve taken many calls and met with many people who talk about the legal “grey area” that they believe exists. To be clear, there is no grey area. Marijuana is illegal in […]
Recently, there have been numerous community-based groups of volunteers who have decided to take law enforcement into their own hands. There are several different iterations, but most of them include the word “creep” in their title. Generally, what these groups who they say, want to meet with underage girls for sexual activity. Then they set […]