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The term “DRE” refers to a Drug Recognition Expert. These are police officers who have undergone special training and who Parliament has deemed in the criminal code of Canada to be experts. When they testify in court, generally speaking their evidence is held to be expert opinion evidence. A drug …
Often, lawyers who routinely practice in the criminal courts take it for granted that clients understand what they mean when they use the word “disclosure”. I am often humbled and brought down to earth when speaking to my clients and I use the term disclosure, when they ask me, “Sorry, …
A common question that we get from clients is, can I be arrested for a DUI, otherwise known as impaired driving, after taking prescription medications? The answer is Yes. Driving under the influence refers to impaired driving, meaning your inability to operate a motor vehicle safely is affected negatively. You …
Can I Get Arrested For A DUI After Taking Prescription Medication That Makes Me Drowsy? Read More »
I get this situation come up quite a lot in my day to day practice. There is a domestic incident whereby one spouse is charged with an assault against their spouse or partner. It could be as minor as a shoving match or as serious as a weapon being used …
Can I Take Back Domestic Assault Charges I Made Against My Spouse or Partner? Read More »
The definition for what a criminal record is in Ontario can be vague, ambiguous and illusive. However I take “criminal record” to mean a record of a criminal conviction in Canada. This means that one has been convicted of a criminal offence in Canada and now has a “criminal record”. …
The short answer is that a conditional sentence in criminal law means a house arrest. A house arrest/conditional sentence applies when you have already been found guilty of a criminal offence and you are sentenced. Section 742.1 of the Criminal Code of Canada governs when a conditional sentence applies. There …
In short, an intermittent sentence is one that can be served on the weekends. In order to be eligible to receive an intermittent sentence, section 732 of the Criminal Code of Canada sets out the requirements. The offender must be sentenced to 90 days or less and the Judge will …
There are two types of peace bonds available in Canadian Criminal Law. The first is called a section 810 peace bond and the second is called a common law peace bond. For the purposes of this post I am going to be talking about peace bonds in general. In another …
What Is A Peace Bond And Why Should I Accept One? Read More »
When someone gets charged with a criminal offence, the matter becomes police and government business. An alleged victim has no power to drop the charges against you. Once you are arrested, the Police will process you and decide whether they think you are a flight risk or a risk to …
In its essence, a conditional discharge is not a criminal conviction. It is not a criminal record in Ontario or elsewhere in Canada. The issue of criminal records in Canada can however, be a tricky discussion. There have been many cases, some more high profile than others of individuals who …