Criminal Law

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.