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Category Archives: Uncategorized

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Yes, Immediately means Immediately: the right to speak to counsel

By Cassandra DeMelo | November 11, 2019
Posted in Uncategorized

In the recent decision of R. v Noel, 2019 ONCA 860, the Court of Appeal reaffirms the right to immediately speak to counsel upon …

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Do you get the lowest possible sentence ever available if you commit a crime?

By Cassandra DeMelo | October 28, 2019
Posted in Uncategorized

Section 11(i) of the Charter of Human Rights and Freedoms grants a guilty person the right to the benefit of the lesser punishment if …

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Can the police arrest you to protect you, or to stop potential breaches of the peace?

By Cassandra DeMelo | October 15, 2019
Posted in Uncategorized

On October 4, 2019, the Supreme Court of Canada issued its decision in the case R v Fleming 2019 SCC 45. The issue before …

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Is someone found to be not criminally responsible because of a mental disorder still a “sexual offender”?

By Cassandra DeMelo | October 3, 2019
Posted in Uncategorized

Is it constitutional to maintain registration of an individual found not criminally responsible by reason of mental disorder (“NCRMD”) on the sex offender registry, …

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The Ontario Police Record Checks Reform Act

By Cassandra DeMelo | June 6, 2018
Posted in Uncategorized

The Police Record Checks Reform Act was passed in December 2015. On November 1, 2018, almost three years later, the Act will finally come …

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Bill C-75: Proposed Changes to Preliminary Hearings in Canada

By Cassandra DeMelo | May 11, 2018
Posted in Uncategorized

The purpose of a preliminary hearing is to determine whether there is some evidence on which a properly instructed jury could convict at trial. They are …

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Distracted Driving – automatic suspensions come into effect

By Cassandra DeMelo | April 27, 2018
Posted in Uncategorized

As discussed in our previous blog, Ontario increased fines and penalties associated with distracted driving in 2015. It is against the law to use …

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Privacy rights and text messages

By Cassandra DeMelo | April 25, 2018
Posted in Uncategorized

On December 8, 2017, the Supreme Court of Canada found that text messages that have been sent and received can, in some cases, attract …

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Criminal Sentencing – a brief overview

By Cassandra DeMelo | April 6, 2018
Posted in Uncategorized

Once an accused person has been convicted of an offence, the courts must decide what sentence to impose. In selecting an appropriate sentence, courts …

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All About Bill C-45: The Cannabis Act

By Cassandra DeMelo | March 26, 2018
Posted in Uncategorized

Bill C-45, also known as the Cannabis Act, is a piece of government legislation that would legalize access to cannabis in Canada. The bill …

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