Charter of Rights and Freedoms

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. 

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.