Caselaw

Police now allowed to search cell-phones after an arrest in Ontario

A new case from the Ontario Court of Appeal says the police do not need a search warrant to conduct a “cursory search” of a... Read More
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Immigration consequences of criminal convictions matter for sentencing

A criminal conviction can lead to criminal inadmissibility for permanent residents and temporary residents in Canada. Criminal lawyers must be aware of their clients’ immigration... Read More
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Ringing Cells Phones and Text Messages as Evidence of Drug Trafficking: The Baldree Case

Can anonymous calls and texts be used to prove that someone was dealing drugs or possessed drugs for the purpose of trafficking? What if the... Read More
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“Possession” of drugs found in a car.

Just because drugs are found in someone’s car does not mean the driver “possessed” the drugs.  The Ontario Court of Appeal affirmed this principle in... Read More
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Court of Appeal lists “care and control” factors

You do not have to be driving to be charged with a DUI offence. Someone who is found by the police in the back-seat of... Read More
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Another judge refuses to impose a mandatory minimum sentence created by the Federal government

Many people have asked me what judges will do with the new mandatory minimum jail sentences for several marijuana offences. Two recent Ontario gun... Read More
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