When Justice is Delayed: Late Disclosure Results in Cannabis Charges Stayed

When Justice is Delayed: Late Disclosure Results in Cannabis Charges Stayed

In St. Catherines, a judge of the Ontario Court of Justice throws our cannabis production charges for a 17-month delay of trial caused by late disclosure on the eve of trial. This case is a good example of how and when charges under 18 months (the Jordan presumptive ceiling) will be stayed. 

Cannabis Culture Arrests: Project Gator Lost in the Swamp of Yesterday

Cannabis Culture Arrests: Project Gator Lost in the Swamp of Yesterday

Toronto police and Crown attorneys are visibly frustrated by Cannabis Culture dispensaries and marijuana activists, but the state of the law today may not be defensible. With pending legalization and a shift in the debate, the constitutionality of using criminal law to enforce prohibition of marijuana is up in the air. 

The Coming Decision in R. v. Pham – Mandatory Minimums for Growing 500 or More Marijuana Plants

The Coming Decision in R. v. Pham – Mandatory Minimums for Growing 500 or More Marijuana Plants

Thursday September 1 marks the release of a decision in R. v. Pham on growing more than 500 marijuana plants, mandatory minimum sentences and the Charter. Mandatory minimum sentences often violate the Charter because of their disproportionate response to a social issue. This case is no different. 

The Folly of Project Claudia: the City Should Take a Breath

The Folly of Project Claudia: the City Should Take a Breath

Marijuana dispensaries have sprung up across the city. The reality is that there is a legal void when it comes to medicinal marijuana. Courts have ruled that the Charter requires people be given reasonable access to medical marijuana and have struck down medical marijuana laws. It seems risky for the police to be raiding dispensaries given this legal environment. Toronto criminal lawyer Dan Stein explains. 

R. v. Harflett Case Comment: Clarifying Police Powers & the Exclusion of Evidence

R. v. Harflett Case Comment: Clarifying Police Powers & the Exclusion of Evidence

R. v. Harflett is the latest case from the Court of Appeal on limits to police powers and the exclusion of evidence. Twin themes arise: follow your legal authority and focus on discoverability when it comes to the exclusion of evidence. Toronto criminal lawyer Dan Stein explains. 

Witness or Suspect? How the Difference Affects Police Investigations

Witness or Suspect? How the Difference Affects Police Investigations

Julian Weekes was tragically shot last week in Toronto and the police hope that witnesses will come forward. But what happens when the police interview a witness who could also be a suspect? Lines are blurred and the police may not tell the person what they need to know. The courts have spoken but right to silence needs to be more clear. Civilians are entitled to the same rights as police officers when they are investigated by the SIU. Toronto Criminal Lawyer Dan Stein explains. 

A Judicial Catch 22: What Happens when Legal Aid Fails

A Judicial Catch 22: What Happens when Legal Aid Fails

What do we do when the poor are denied Legal Aid? The Charter of Rights demands that everyone is entitled to a fair trial. Toronto criminal lawyer Dan Stein investigates how the Charter can come to the rescue of someone unfairly denied Legal Aid. But unfortunately, sometimes you need a lawyer to get a lawyer.