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Marijuana Offences – What’s Legal And What’s Not?
Possession of recreational marijuana officially became legal under Canada’s Cannabis Act on October 17, 2018. The Liberal government also recently announced that fast and free pardons will soon be available for persons who were convicted of simple marijuana possession...
read moreMarijuana Legalization Leads To New Impaired Driving Legislation
Impaired driving is a term used to describe the crime of operating a motor vehicle while the operator’s ability to do so is impaired to any degree by alcohol or a drug. Section 320.14(1) (a)of the Criminal Code addresses impaired driving. The severity of the...
read moreFacts About Sexual Assault
The most recent data published by Statistics Canada shows a decline in the number of total decisions in criminal charges involving sexual assault. 2011 to 2012 had 4,058 decisions. 2015 to 2016 had 2,839 decisions. The same period also shows a drop in the number of...
read moreDrug Offences And The Opioid Crisis
Similar to the United States, Canada faces many challenges as it deals with drug trafficking and smuggling issues. In the U.S., a significant portion of drugs are smuggled into the country from South America, Mexico and the Caribbean. In Canada, illegal drugs also...
read moreThe Different Forms Of Theft
Fortunately for its residents, Canada is a country that has a great standard of living. Canadians enjoy the benefits of political stability and economic security that is envied by many. However, Canada is not perfect and crime still occurs here — particularly theft....
read moreTypes Of Assault
A violent act, particularly one committed in the heat of the moment, is a simple concept to understand. A person lets emotions override rational thought and acts irresponsibly. Once the situation has settled down and an individual has time to contemplate what...
read moreDefending Charges of Spousal Assault
Intimate partner violence is a major health concern for the public not only for residents of Canada, but for people around the world. There is also a percentage of domestic assault allegations that are false, which has led to individuals being wrongly convicted and...
read moreCan You Be Convicted of DUI Without a BAC Test?
Canada has new impaired driving laws that are now in effect. The penalties for drunk driving are not set in stone and may be dependent on different factors, including: The blood alcohol content of the driver Whether the driver was a novice, the operator of a...
read moreCanadian Courts denounce Mandatory Minimum Sentencing for Sexual Offences
Several recent decisions in Canadian courts have found mandatory minimum sentences for various sexual-related offences, including possession of child pornography, to be inappropriate and in violation of an individual’s Charter rights. A key criticism of the mandatory...
read moreThe Distinction Between Assault Causing Bodily Harm and Aggravated Assault
In Canada, an assault that causes bodily harm results in a more severe offence and penalty than a simple charge of criminal assault. Section 267 of Canada’s Criminal Code defines assault causing bodily harm as a situation in which the application of force to another...
read moreThe Residual Effects of Drug Trafficking
Of all the drug offences in Canada, drug trafficking generally has the harshest penalties. The jail terms and fines are frequently much greater than those for distribution and possession. Under Canadian law, drug trafficking is not just limited to selling drugs, but...
read moreHow a Charge of Shoplifting Can Affect Your Life
Crimes and their subsequent punishments are separated by degrees. Not all criminal acts should have the same level of penalties. Therefore, the Criminal Code of Canada purposely makes a point of appropriately evaluating the scope and nature of a crime. For example,...
read moreThe Various Terms for Family Violence in Canada
Family violence is any type of neglect or abuse experienced by an adult or child at the hands of another family member or a person with whom the abused has an intimate relationship. The abuse does not have to be physical. It can be emotional or financial, as well....
read moreThe “Warn Range” for Impaired Driving in Ontario
Over the counter medications, certain prescription drugs, cannabis and other illegal substances can affect your reaction time, judgement, motor skills and coordination. Even in the smallest amount, drugs can impair your ability to operate a motor vehicle. Regardless...
read morePotential Penalties for Sexual Assault
In Canada, the crime of sexual assault covers a broad range of offences. The potential penalties if convicted may range from simple probation to a lengthy jail term. A sexual assault defence lawyer in Ontario can speak to you about your case if you are facing charges...
read moreUnderstanding Canada’s National Sex Offender Registry
To combat the prevalence of sexual assault in Canada, the Criminal Code has a wide definition of sexual assault that goes well beyond rape. It encompasses unwelcome sexual acts such as kissing, fondling, digital penetration, oral sex or touching someone in a sexual...
read moreProving Knowledge of an Illegal Drug
For the prosecution of a case involving drugs, the Crown must establish that the substance involved is actually a prohibited substance. This determination is made by adhering to the definitions set out in the Controlled Drug and Substances Act. A list of some of the...
read morePolice Are Now Authorized To Demand Breath Tests To Identify Drunk Drivers
Recent changes to drunk driving laws under Canada’s Criminal Code became effective in Bill C-46 on December 18th. The most noteworthy and controversial of these changes eroded the right for Canadians to be protected from unreasonable search and seizure under some...
read moreA Sexual Assault Conviction Doesn’t Necessarily Lead To A ‘dangerous Offender’ Designation
In a recent sexual assault trial, R. v. R.D., the judge was required to make a determination on two key issues: 1) whether the Kienapple principle applies to this case, given that the defendant faced multiple sexual charges which essentially applied to the same...
read moreHow Sexual Misconduct Differs From Sexual Assault
A recent CNN article, ‘This is Why People Hesitate to Report a Sexual Misconduct’, referenced the rape accusations against Bill Cosby as well as Christine Blasey Ford’s allegations that Judge Kavanaugh sexually assaulted her at a party when they were both students....
read moreSerious Drug Offences
There are many different criminal drug charges a person can face in Canada. These offences come with mandatory minimum penalties, and those are more severe when an aggravating factor in present. If you have been charged with a drug-related offence in Canada, you need...
read moreDrug Possession Offences In Canada And How A Drug Crime Lawyer Can Help
The Role of a Criminal Lawyer in Defending Drug Charges If you have been arrested for a drug crime, a criminal defence lawyer can help you deal with the complex legal court process that follows. If you have been charged with a drug-related offence, it is important to...
read moreUnderstanding Canada’s Impaired Driving Laws
Bill C-46 has strengthened Canada’s impaired driving laws. Police forces across Canada have recently stated that they will be increasingly vigilant enforcing DUI laws and Bill C-46 will assist them in this regard. Impaired driving has become a serious criminal...
read moreDo Checkpoints Really Reduce Drunk Driving?
On Friday last week, a sobriety checkpoint in Ontario stopped 230 cars. However, the police only made a mere 7 arrests. In contrast, in 2016 at the same checkpoint location, 400 cars were stopped and 34 arrests were made for impaired driving. Law enforcement has...
read moreCanada’s Law Of Consent In Sexual Assault
In Canada, sexual activity is only legal when both the parties consent. Canada has a broad definition of sexual assault, and all unwanted sexual activities fall under it. For example, unwanted groping, fondling, kissing and rape are all considered to be forms of...
read moreCannabis Impaired Driving
The consumption and possession of small amounts of marihuana has been declared legal in Canada as of October 17, 2018. In fact, cannabis usage for medical purposes has been permissible under the purview of Ontario law for many years. However, impaired driving by...
read moreHow Drugs And Alcohol Affect Your Driving
Driving a vehicle requires good judgment, hand-eye coordination, reaction time, spatial awareness and knowledge of your car and the rules of the road. Drugs such as cannabis or others available over the counter can adversely impact your driving skills. It is not...
read moreHow Sexual Assault Is Defined In Canada
At Kruse Law, we understand the serious consequences and implications involved if you are accused of a sex crime. The damage to your physical, emotional, and financial health causes levels of stress that may seem insurmountable. The stress, concerns and worries of...
read moreFormer Liberal Treasurer Gives $25k To Fight Drug-impaired Driving Law
Chuck Rifici, the Liberal Party’s former treasurer, is putting up $25,000 to back a legal challenge of Canada’s updated impaired driving laws. Rifici now runs Nesta Holding Co., a private equity firm that invests in the cannabis industry. Rifici helped to start Canopy...
read moreWoman Charged With Dui Manslaughter Of Canadian Athlete
Sandra Duval, 34, a resident of Tamarac, Florida, was arrested last month on charges of DUI manslaughter. She was accused of driving under the influence of fentanyl and cocaine, based on her blood test results. While she was driving under the influence of these drugs,...
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