Pass from Parliament: New Bill provides “limited immunity” for Good Samaritans

Pass from Parliament: New Bill provides “limited immunity” for Good Samaritans

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It has been over one year since Dr. Perry Kendall to declare a Public Health Emergency in British Columbia.

That emergency announcement has not been retracted, but now, the Federal government is beginning to take additional steps to combat the ongoing crisis.

On May 2, 2017, Bill C-224, to be known as the Good Samaritans Drug Overdose Act, was unanimously passed in the House of Commons by MPs from all parties.

The bill aims to ensure that individuals who seek emergency help for someone suffering from an overdose can do so without fear of being prosecuted for drug possession offences. Additionally, it will protect those same individuals from facing breach charges related to drug possession.

The passing of Bill C-224 is fundamental in encouraging anyone witnessing an overdose to seek emergency medical treatment for that individual.

It is a very bold (and extremely necessary) stride in fighting back against one of the most lethal killers on the streets of British Columbia, which has claimed over 1,000 lives in the past 5 years.

Perhaps 1,000 doesn’t seem like a huge number – but do remember to that in the entire year of 2012, there were only 12 deaths attributed to Fentanyl overdoses.

In 2013, that number jumped to 50.

Fast forward to 2016, and that number climbs to 575 (roughly 47 people per month).

There is no question about the existence of a relationship between criminality and drug abuse. The two are not mutually exclusive, but are by no means estranged either. There is a direct link between them – profiting from crime (theft, fraud, etc) is the often only way to fuel addiction.

Our Provincial Government, however, is not obtuse to the unique circumstances that plague Vancouver’s drug scene. Vancouver’s Downtown Community Court is the first of its kind in Canada and serves roughly 1,500 people per year. It is a purpose-designed courthouse, and strives to bring resources for justice, health, and social services to the Vancouver community. Matters will be referred to the Downtown Community Court when the offender requires assistance to deal with underlying issues such as homelessness, substance abuse, and mental health problems.

With enactment of the Good Samaritans Drug Overdose Act, citizens do not have to worry about being penalized for seeking emergency assistance for someone who is overdosing. And rightfully so. Our government’s first priority should be harm reduction for every individual battling addiction, with no agenda to balance that objective with the war on drugs.

Bill C-224 does not however provide any immunity from prosecution for drug trafficking or other drug related offences.

There could not be a worse time to find yourself charged with an offence related to Fentanyl. Being charged with possession in circumstances unrelated to those discussed above can result in a lengthy term of incarceration, lifetime travel restrictions, and a host of other consequences. Contact a Vancouver Criminal Lawyer at Tarnow Criminal Law today for a free consultation.

 

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Sticks, Stones & Hate Crimes: When words can actually hurt you

Sticks, Stones & Hate Crimes: When words can actually hurt you

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Offensive and shocking cellphone footage has led to criminal charges for a 49 year old man from Hope, B.C.

Karry Corbett received a $110 parking ticket, which initiated a heated exchange between Corbett and the parking enforcement officer. Ravi Dhura, of South Asian descent, was an innocent bystander who noticed the altercation between Corbett and the parking officer, and pulled out his cellphone to film the incident.

This led to Corbett turning his rage to Dhura, hurling obscene remarks directed at Dhura’s nationality, telling him to “go back to India” at one point, and then raising a fist and proclaiming “white power”. The comments made by Corbett aren’t difficult to interpret, which is clear by the reaction of the public. Comments on social media called for Corbett to be charged with a hate crime, but there were no such charges recommended by the RCMP.

“When did you come to Canada?” asked Corbett of Dhura, who replied that he was born a Canadian citizen. Corbett made many comments similar to that one – clearly indicated his belief that Mr. Dhura must have immigrated here at some point, alleging he was not Canadian born.

After a fairly brief review of the evidence, Crown Counsel approved 2 counts of assault, one count of uttering threats, and one count of causing a disturbance – charges that aren’t foreign to Mr. Corbett. According to RCMP he has a lengthy criminal record for similar offences, including 2 matters currently before the Courts.

Now, the public is wondering why, in the face of clear racism, there is no talk of prosecuting a hate crime. There has also been speculation on social media of how Corbett can be charged with 2 counts of assault when there was no physical contact.

The answer is easily drawn from the definition of Assault in the Criminal Code.

As you will see, the definition of assault is broad enough to include indirect force. Upon watching the video it is easy to see how Mr. Dhura, and the parking enforcement officer, would feel threatened.

As for the hate crime, there is no offence named “hate crime” in the Code, however, in this situation, Section 319 – Public Incitement of Hatred, would seem most fitting. Ultimately, Crown Counsel reviewed the available evidence, and determined that such charges would be inappropriate in Mr. Corbett’s circumstances. While some have indicated that charging Mr. Corbett for his comments infringes on his Constitutional right to Freedom of Speech, there are limitations. These limitations are set by our societal values, and rule of law that protect any and all individuals from being the victim of hateful speech.

Instances of hate propaganda and hateful speech in Metro Vancouver and surrounding communities such as Surrey, Richmond, Burnaby, Abbotsford and other Valley municipalities are steadily increasing. In January 2016, during an influx of Syrian Refugees settling in Canada, over 100 people were pepper sprayed by one disgruntled citizen at a gathering in Vancouver, B.C. RCMP indicated that kind of attack could constitute a hate crime.

Then, in August 2016, a Turkish speaking man was beaten in Vancouver for “speaking a foreign language” according to his attacker. RCMP confirmed they would be investigating that situation as a hate crime, however, it resulted in assault charges being laid against a 54 year old man.

In modern day society, social media has proven to be a useful tool in gauging the public’s tolerance for racism – this situation demonstrates that Mr. Corbett’s actions simply went too far. However, as our judicial system provides, Mr. Corbett is innocent until proven guilty.

win-lose

The issues that are raised in matters like these are complex and require the expertise of seasoned criminal lawyers – therefore if you, or anyone you know, face a situation similar to Mr. Corbett’s, contact our office today to discuss your next steps.

 

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Justice via Vigilante – Justice Denied, Reward Scanty

Justice via Vigilante – Justice Denied, Reward Scanty

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A vigilante group based out of Surrey, B.C., has been making headlines lately for their efforts in identifying and publicizing child predators to the media via video. It’s a spin-off of Dateline’s “To Catch a Predator”.

The videos, which are publicly posted to the group’s Facebook and Youtube accounts, display the real-time encounters had between members of the group and the individual that they have led there with false promises of sexual relations with an underage person, after chatting online about it.

The encounters are brief, lasting only a few minutes at most. The exchange between the two parties consists of accusations from one side, and flat out denials from the other. The subject of the Creep Catcher’s “investigation” attempts to shield his face before turning and running in the other direction, continually denying the allegations. What happens beyond that point is unknown.

From what I’ve seen, the public seems to be pleased with the endeavors of Creep Catchers. The videos certainly provide shock value – generally, the public does not play a role in, or even have the opportunity to witness the apprehension of a suspected pedophile – and for good reason.

The investigations that are conducted with respect to these offences are complex, calculated and require significant resources and manpower. The Integrated Child Exploitation Unit of the RCMP works with Interpol and police agencies around the world to gather, sort, and analyze information that advances their efforts in identifying, charging, and convicting individuals of child-related offences such as the Possession and Distribution of Child Pornography.

There are tactical strategies that require a high degree of skill and experience to be carried out effectively. The process of gathering evidence before an arrest and charge approval is paramount to the success of the investigation – in cases like these, proper identification of the suspect can take a significant amount of time. And this is where the work done by the RCMP and the work done by Creep Catchers become astoundingly diverse. Creep Catchers does not have the resources, funding, experience or skill to be meddling in these matters. There are several risks that come to mind:

1) Meeting these individuals in a public place, at a busy time of day, poses a serious risk to innocent bystanders in the area. Creep Catchers does not know if the individuals they are liaising with are violent or mentally ill. Innocent people could be caught in the cross-hairs of an encounter that quickly gets out of hand;

2) The police may already be conducting an investigation on an individual who has been sought out by Creep Catchers. This could lead to that entire investigation collapsing;

3) The very real possibility that they may wrongfully accuse someone of these crimes. The repercussions of being wrongfully blamed could be permanent. It is extremely difficult to exonerate someone on such allegations.

While their intentions may be good, the ends do not justify the means. This work is best left to the police.

Accessing, distributing, and making child pornography available are some of the most serious offences in the Criminal Code. There are new mandatory minimum jail sentences for these offences, details of which can be found here. Aside from a custodial sentence, someone convicted of one of these offences will almost definitely be required to register as a sex offender, which comes with lifelong consequences.

Our offices frequently handle cases with similar allegations. If you have been charged with one of these offences, contact our office to retain a criminal lawyer who can assist in navigating you through the criminal justice system with your best interests in mind.

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No Mobile While Mobile!

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Distracted driving. It’s a hot topic these days – it seems that technology is steadily advancing, while our common sense refuses to evolve. It’s an issue that, in some ways, exploded overnight. Ever since our provincial government implemented the Immediate Roadside Prohibition scheme, the focus has been centered on impaired driving. As the number of drunk driving related fatalities (supposedly) continues to fall as a result of the IRP system (in fact our Government now says that distracted driving is the leading cause of death on roadways in BC), lawmakers have narrowed in on distracted driving – to be specific, reanalyzing the financial and disciplinary consequences of being caught while talking on an electronic device while driving. Brace yourselves: the pain train is coming.

If you’ve been using your phone while driving, trying to send that one last text, or fumbling with your playlist while going unnoticed, all the while scanning intersections for police cruisers…well, today’s the day you might want to quit. As of June 1, 2016, fines handed out by police have increased from $167 to $368. Further, a driver will now receive 4 penalty points instead of 3 – and 4 points is all that’s required for a $175 penalty towards your insurance. So basically, on your first offence, it’ll cost you $543. If you get caught a second time within 12 months, that penalty will cost you $888, and you risk losing your license for 90 days (click here to be redirected to the ICBC penalty point premium information page).

It’s important to remember that although nearly every article you’ll read about this topic will use the term distracted driving, the real offence that is being described is the use of an electronic device while driving. You are still safe to drink your coffee and eat your bagel (for now) (and please do so responsibly). Please remember that driving with your cellphone wedged between your shoulder and ear isn’t a legal loophole – it almost worked for this guy, but he lost on appeal). Also make sure to check out this post which touches on the hypocrisy of one of RoadSafety’s policies.

It’s also important to remember that the tickets handed out for this offence are not criminal charges, rather, they are issued under the Motor Vehicle Act. As of right now, these violation tickets are still heard before a Provincial Court Judge within the jurisdiction of issue. The offices of Tarnow & Company and Jason D. Tarnow Law Corporation are both well equip with criminal lawyers to handle the trials of these matters, in any jurisdiction of the lower mainland, including but not limited to Richmond, Vancouver, Surrey, New Westminster, etc.

If you receive a ticket for talking on your cellphone while driving, or any other section of the Motor Vehicle Act, contact our office within 30 days (time limit for dispute) of receiving the ticket for advice regarding the best course of action. We also handle appeals of driving prohibitions that come as a result of an unsatisfactory driving record.

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Snoop Dogg Monologue

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snooooooop

Hip hop star Snoop Dogg played a DJ set at Vancouver’s Fortune Sound club on Saturday, April 17, 2016. His travel into Canada, however, was met with resistance by officials at the Canada Border Services Agency (CBSA) – which isn’t anything new for Snoop. He frequently encounters complications when crossing international borders – to note, he was recently hassled by officials in Italy for carrying around $400,000 cash, and was banned from entering the UK in 2006, after he and his posse were denied from British Airways’ First Class Lounge. A brawl ensued, and ultimately, Snoop was permanently banned from entering the United Kingdom (and ever flying on British Airways again). Snoop has previously been arrested for other criminal offences with respect to firearms, assault, and narcotics.

It is presumed that Snoop was referred for secondary screening by CBSA as a consequence of his clear endorsement of cannabis. Cannabis is widely used across the US, and is legal in several states for medicinal and recreational purposes. It’s just as frequently accessed by Canadians, and we intend to catch up to our southern neighbors pretty soon (The Liberal government announced that Federal legislation to legalize and regulate marijuana will be making its way to Parliament in Spring 2017).

Understandingly, the rapper became enraged at what he observed when he cruised down a back alley in Vancouver’s Downtown East Side – a district riddled with intravenous drug users, disorder, etc. In his Instagram video (link here), Snoop vocalizes his disdain at how Canadian Border officials dealt with his entrance into the country. To sum it up, he basically shames the Canadian Government with respect to how its priorities are organized – clearly indicating that the prevalent opioid use in Vancouver’s DTES should be viewed as a much more serious issue than a little bit of weed.

Anyone with knowledge of the differences between marijuana and heroin knows which is the lesser of 2 evils – so it does seem contradictory that we not only condone the use of heroin on the DTSE, but seemingly encourage and accommodate it, too. Insite (which is located near where Snoop’s gig was) is a publicly funded program, and its main goal is harm reduction. The idea is that if we are able to monitor heroin use, we will be able to minimize the number of overdoses, and prevent individuals from sharing and disposing of syringes and other tools. As you might guess, the venture isn’t cheap.

The Court of public opinion on law enforcement priorities is harsh, swift, and unforgiving. Snoop’s Instagram rant has received hundreds of thousands of views, and his sentiments were shared by the majority of viewers. If you consider the amount of money that has been directed towards Insite, and the amount of money that is spent annually on investigating and prosecuting marijuana related offences, it’s easy to understand why people are so frustrated with our Government’s stance on cannabis policy. Hypocritical, controversial, and contradictory are the best 3 words to describe our Government’s prerogative on combatting one deadly drug, while ever-so-slowly recognizing the innocuous nature of another.

In any event, it’s fair to say that Snoop Dogg is tired of the chronic problems he encounters when travelling from one place to another – my guess is that he’ll continue to hash it out with border officials. The grass isn’t always greener on the other side, anyways.

In the decades that we have been practicing criminal law, we have rarely, if ever, seen a violent crime associated with simple marijuana possession or use. Violence is more frequently associated to drugs like cocaine, heroin, and methamphetamine. If you have found yourself in a situation that involves criminal charges related to any of the aforementioned, or any other area of criminal law, call our office at any time for a free consultation.

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Mistaken belief of consent: drawing the line on sexual assault allegations

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sexual assault

A man from Saanich, B.C., has learned that he will not face charges of sexual assault stemming from complaints received from 4 women.

The man was arrested and a criminal investigation was pursued by RCMP and several senior Crown prosecutors. Upon reviewing the available evidence, assessing the credibility of the complainants, and considering possible defences that could be raised by the Accused, Crown Counsel determined that there was not a substantial likelihood of conviction, and announced that no charges would be filed.

The charge assessment standard of Crown Counsel takes many factors into consideration when deciding whether or not to lay charges. With respect to sexual assault cases, there are many important elements to acknowledge – failure to do so can result in charges that are ultimately stayed, or receive an acquittal at Trial. The stakes are high both for the Accused and for the complainants.

On the part of the Accused, being formally charged with sexually related offences is much more than simply embarrassing: it can result in the loss of employment, the breakdown of relationships, and can destroy the Accused’s’ reputation in general – even before the case has gone to Court. Once charges have been laid, it seems that notion of “innocent until proven guilty” is thrown out the window. A stay of proceedings, or a trial that results in an acquittal, is met with rage and disgust from the public.

On the part of the complainants, it is well known that going to Trial is a stressful and potentially damaging experience. Testifying and being cross examined can be disturbing – recalling horrific memories is emotionally and mentally harmful. Since there is never a guarantee to the complainant that the Accused will be convicted, it seems logical that a well advised complainant would only want to go through such an ordeal if there was a substantial likelihood that the Accused would be convicted.

In this case, the Crown determined that there were a number of operable defences that could be raised by the Accused, including the honest, but mistaken belief of consent.

The identity of the Accused person will remain uncirculated by the media for privacy reasons.

The number of sexual assaults in Metro Vancouver, and in particular, Surrey, have increased exponentially over the past few months. Many of the attacks have taken place in broad daylight, in high traffic areas such as the Vancouver UBC campus. The brazen nature of the attacks is extremely concerning to authorities.

Individuals charged with these offences are encouraged not to proceed self-represented – this area of law is extremely complex, and the penalties are significant. Being convicted can result in mandatory jail time and requirement to register as a sex offender, and other serious lifelong consequences. If you have been charged with any sexually related offences in British Columbia or the Yukon Territory, don’t hesitate to contact David or Jason Tarnow for your free, confidential consultation. Aside from providing legal advice with respect to your criminal charges, our lawyers will be able to help (if it is your desire) refer you to programs and treatment options to address any underlying issues that may have led you to the situation you have found yourself in.

 

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