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Marijuana Legalization – Consequences to Alcohol Consumption Laws
Dominating the headlines these days is the news that the legalization of Marijuana is coming in the next year or so to Canadians. Bill C-45, or as its more commonly know as, the Cannabis Act, is the piece of legislation that has many people excited. What is clear from the Cannabis Act is that the government has set its priorities …
What to Expect on Your First Day in Court
Many of our clients are always wondering “what is going to happen on my fist day in court”? At Capulli Law, we prefer to be there with you every step of the way, and the first step is a very important one. If you do not have legal representation, your first day in court can be a little stressful. Here …
At the Police Station: The Dreaded Police Interview
Imagine the following scenario: Its late at night. You have been arrested for a crime, and the police are about to interview you. They have placed you in an interview room on your own and they are about to come and talk to you. Many clients that we have helped have been in this exact situation. It can be a …
Options for Traffic Court – What to do if Charged with a Traffic Offence under the Highway Traffic Act?
Provincial offences are minor (non-criminal) offences that include, but are not limited to: speeding, careless driving, not wearing your seat belt, or street racing (Highway Traffic Act) failing to surrender your insurance card or possessing a false or invalid insurance card (Compulsory Automobile Insurance Act) being intoxicated in a public place or selling alcohol to a minor (Liquor Licence Act) …
New Penalties for Motorists Caught Driving Under the Influence of Drugs
People who may be thinking of using a drug and then getting behind the wheel of a motor vehicle may want to think again. As part of the Making Ontario’s Roads Safer Act, the Provincial Government has made changes to the penalties that drivers can face if caught operating a motor vehicle while under the influence of drugs. Drivers who …
What is Solicitor Client Privilege?
Privilege is a fundamental part of the Canadian criminal justice system. Anything that a client tells their lawyer stays between both parties. Nothing said is admissible in a courtroom and does not have to be disclosed to the Crown. More importantly, the police cannot force a lawyer to disclose anything a client or potential client tells them. The idea behind …
Cameras in the Courtroom – A Rare Glimpse Into Criminal Court Proceedings
It is common practice in courtrooms across the country to not allow cameras (for either still or video recording) to be present. While there have been some exceptions to this practice, generally, reporting on court proceedings in the criminal sphere has been relegated to mostly live blogging or artist sketches. On Thursday September 15th 2016, it will be the first …
Unreasonable Delay – New Framework from the Supreme Court of Canada
Its no secret that delay has become a very big topic, and one of great contention, in the criminal legal landscape. For years crown and defense lawyers have voiced their concerns over the impact that delay has had on the pursuit of justice. Defense lawyers arguing their clients cannot get on with their lives until their case has been dealt …
Are your cell phone calls being monitored? Possibly.
It has come to the public’s attention that there is a machine available to police that is known as a “Stingray”. This device is a type of cellphone surveillance technology which gives the police and other authorities the ability to spy on the cellphone activity of citizens. In essence, it fools your smartphone into thinking the Stingray is a cell …
What is a Surety – The Role and Responsibility You Should Know
When an accused party is going through the bail process, they often require a surety. Whether an accused person is granted bail or not usually hinges upon the strength of the proposed surety and the plan that is put before the court. A surety is typically a friend or family member that has a close relationship with the accused party. …
What is Disclosure?
Disclosure is a term that everyone involved in the criminal justice system needs to know. In a nutshell, disclosure is a copy of the evidence that the Crown and police have collected to prosecute your case. Everything that the Crown or police have in their possession must be given to you so that you know exactly what their case against …
What to Wear to Court
One question that we get a lot from clients is what do I wear to court? While this does not seem important it actually is. The Judge or Justice of the Peace who is sitting in the courtroom that day will form an opinion of you on sight. It’s like the saying, “you only have one chance to make a …