Atlas of Crime: Vancouver Edition

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The Vancouver Police Department announced that it will be using a new form of intelligence to stop crime before it happens.

No, it isn’t the formation of the Psychic Task Force. It isn’t any sort of “Big Brother” surveillance method (I think) – rather, the VPD has declared it will be the first law enforcement agency in Canada to utilize a “crime prediction model” that will tip officers off to property-crime offences before they happen.

Unsurprisingly, the public has been given very little information about what this new tool is able to do. So far, all we have been told is that it is a computerized program that was apparently very successful in its 6 month pilot project.

The program identifies both residential and commercial areas that display a high-likelihood for property crime. Surveillance areas are set up within a 100-500 meter perimeter, and officers are then dispatched to those areas for visible public presence.

The presence of police, of course, acts as a deterrent for thieves and vandals.

Interestingly enough, this comes as a further development to the 2015 crime mapping tool developed by the VPD. This interactive map is available to the public, for use by anyone interested in learning more about which areas in Vancouver are deemed higher risk. While many people attribute

While this may seem like a weak method of combatting serious and ongoing theft and vandalism, preventative measures are only deemed necessary once an issue has spiralled out of control.

Charges that police hope to see a reduction in as a result of this new preventative measure:

  • Break and Enter
  • Break and Enter to commit an Indictable offence
  • Theft under $5,000
  • Theft over $5,000
  • Mischief
  • Possession of stolen property

It isn’t unusual to see “petty” crimes, such as minor theft, escalate into more serious situations that can include violent offences as well – for example, a man breaks into a vehicle looking for valuables, but the owner of the vehicle happens to come down to his car as the crime is in progress. An altercation ensues, police attend, and the charges include break & enter, theft, AND assault.  By preventing the theft, the entire situation could have been avoided.

Ideally, this tool will aid police in preventing some crimes from happening, but realistically, crimes will still occur in the areas that aren’t padded by police presence.

We are conveniently located in Richmond, B.C. only a few steps away from Brighouse Station on the Canada Line, which brings you from various locations in Metro Vancouver in 20 minutes. We service all areas of the lower mainland (including but not limited to Surrey, New Westminster, Port Coquitlam, North Vancouver, and Abbotsford) the interior of B.C. (including but not limited to Cranbrook, Kelowna, Kamloops, and Salmon Arm), Northern B.C. (including but not limited to Prince George, Prince Rupert, and Quesnel) and in the Yukon Territory where we offer services in Whitehorse, Dawson City, and Old Crow. Contact our office today for your initial consultation.

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Basic Info: Brushing up

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                     It is commonplace that first-time offenders rarely have a good understanding of the judicial process. Although it would be fantastic if everyone was fully apprised of their rights and obligations under Canadian law, it is unrealistic. However, I hope that this post will answer a few very common questions we receive on a daily basis.

Lets get started.

Q –     I’m looking at my Court documents, and it appears that I am being charged by someone named Regina. Who is she? I don’t even know anyone by that name?

A –     Regina is the latin word for Queen. As Queen Elizabeth II is the reigning Monarch,  Regina is the term used in legal context. When a male takes the throne, the term will change to Rex, the latin word for King.

Q –     My wife and I got into a really heated argument and the police were called. I was arrested and charged with assault, and now there is a no-contact order between us. My wife and I met for dinner last night to talk things over, and we agreed that it was silly to call the police. She would like to drop the charges, how can she do this?

A –      In British Columbia, individuals do not press charges, and neither do the police. The police investigate, prepare a report, and recommend charges to Crown Counsel. Crown Counsel then reviews the information and approves or denies charges based on the strength of the evidence. There must be a reasonable likelihood of conviction to pursue prosecution. In short, your wife cannot “drop the charges”. Additionally, since there is a no contact order in place, you cannot contact your wife, directly or indirectly, until the order is lifted. Ignoring the no  contact order could result in a Breach charge, landing you in jail.

Q –     I’ve been charged with an Indictable Offence. Is that a misdemeanor?

A –      The terms “misdemeanor” and “felony” are not rooted in Canada. Those terms are used in the United States. An indictable offence is very serious and carries significantly higher penalties than the less serious “summary offence”. One major difference is that summary offences can only be tried in Provincial Court by a Judge, whereas indictable offences can be tried in Supreme Court by a Judge an Jury. There are also “hybrid offences” which can be prosecuted by summary or indictment – impaired driving is one example. The choice to proceed by indictment is usually because of aggravating circumstances such as a car accident resulting in injuries.

Q –     I was arrested for impaired driving and given a Promise to Appear (“PTA”). Several weeks later, I was contacted by the police who told me that the PTA has been cancelled. Does this mean my charges are dropped?

A –      In short: no. Your PTA was likely cancelled because the police and Crown Counsel  are still in the early stages of their investigation. Once an Accused person has  attended their First Appearance, the judicial-delay clock starts ticking. The Supreme Court of Canada recently advised that proceedings in Provincial Court should run from start to finish in no more than 18 months – this means that you   must be charged, and proceed to trial within 18 months. If the proceedings take   longer than 18 months to be heard, there is probability for the case to be thrown   out due to delay. In Superior courts, the proceedings should be completed within 30 months. So, while your PTA has been cancelled, it does not in any way mean  that you are off the hook. There is no statute in Canada that prohibits the commencement of prosecution of criminal offences. In the United States, there is no statute of limitations on murder, but there is on sexual assaults and other serious criminal offences.

Hopefully the above information has answered a few of your questions, but likely not all of them. Of course, there are many complex questions that deserve a much more thorough explanation, and we are here ready to answer them.

Whether you have been charged with a minor offence under the Criminal Code such as theft under $5,000, assault, mischief under $5,000 or a more serious offence such as aggravated assault, sexual assault, assault causing bodily harm, or murder, it is crucial that you speak to one of our lawyers prior to making any statements to the police (which we will advise you not to do in any event), or anyone else for that matter. Because, although you’ll hear it from the cops first, I’m telling you again: what you say CAN and WILL be used against you.

We are conveniently located in Richmond, B.C. only a few steps away from Brighouse Station on the Canada Line, which brings you from various locations in Metro Vancouver in 20 minutes. We service all areas of the lower mainland (including but not limited to Surrey, New Westminster, Port Coquitlam, North Vancouver, and Abbotsford) the interior of B.C. (including but not limited to Cranbrook, Kelowna, Kamloops, and Salmon Arm), Northern B.C. (including but not limited to Prince George, Prince Rupert, and Quesnel) and in the Yukon Territory where we offer services in Whitehorse, Dawson City, and Old Crow.

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Smoking and driving: What’s to come

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Ah, Canada.

Home of poutine, maple syrup, hockey, and….marijuana.


Some of the most highly coveted strains in the world are (apparently) found here in British Columbia. And finally, after Harper’s “War on Drugs” admitted crushing defeat, our Government is ready to rake in the dough from what will likely become one of Canada’s most profitable sectors: the sale of government regulated cannabis.

Of course news that Canada will finally be legalizing and regulating the sale of marijuana has received mixed reactions. Generally, though, the feedback has been positive. Taking marijuana out of the hands of drug dealers and instead putting it in the pockets of politicians seems like an excellent idea – right?

But on a more serious note, the legalization of marijuana brings forward a myriad of other issues. One of the most concerning topics is how police will combat drug-impaired drivers. Currently, police are permitted to conduct Standardized Field Sobriety Tests if they suspect a driver is drug-impaired. If the police do believe the person is drug impaired, a doctor monitored blood test must be conducted. Due to a lack of resources, it is often not practicable for police to transport the suspect to the hospital for such testing. As a result, these matters are generally less likely to be prosecuted.

Let’s be realistic: it is highly unlikely that anyone has been refraining from marijuana use while awaiting news of legalization. While we may see increased use over all due to the fact that certain retailers will be licensed to sell marijuana (think Shoppers Drug Mart and London Drugs), the fact of the matter is that people have been driving stoned for years – but the legalization of marijuana is likely to put more stoned drivers on the road. Our government is prepared to fight back by implementing new legislation that gives the police more authority to test suspected drug-impaired drivers roadside. Here’s the proposal:

  • Allow police to demand oral samples at roadside from suspected drug-impaired. An instrument similar to an Approved Screening Device is currently being manufactured and tested;
  • Allow police to proceed with a drug recognition evaluation or blood sample in circumstances where they have reasonable grounds to believe that an offence has occurred.
  • Allow police to provide opinion evidence in Court regarding their belief that a driver was impaired by a drug at the time of testing. No expert opinion from an external source would be required. This eases the burden on the prosecution to prove the elements of an offence.

Keeping our roadways safe is something every single person, motorist or pedestrian, can get behind. In doing so, however, it is important that we uphold the values contained in our Charter – i.e. no motorist should be arbitrarily detained, which could be a direct result of a simple traffic stop turned drug-impaired investigation if this new legislation succeeds through Parliament. Police officers are not, by virtue of their employment, drug recognition experts. That knowledge comes from medical training which is obtained through intensive study under skilled professionals.

If the proposed legislation does succeed it will be scrutinized through various Charter challenges, prompting amendments to the legislation. It will likely fare similar to how the IRP regime was, and still is, highly criticized by many professionals.

If you are pulled over and police suspect you are under the influence of marijuana or any other drug, the first thing you should do is remember your right to silence. The only exceptions to the silence rule:

  • Identify yourself upon request;
  • Request to phone 604-278-0555 and speak with David Tarnow or Jason Tarnow.

Our firm is highly skilled in dealing with impaired (alcohol or drug) driving cases. While it may seem like an “open and shut case” with the evidence stacked against you, this area of law is extremely complex and requires the attention of a seasoned criminal defence lawyer. With over 50 years combined experience, the lawyers at Tarnow Law Offices have the knowledge and strategies to help you through this incredibly stressful time.

We are conveniently located in Richmond, B.C. only a few steps away from Brighouse Station on the Canada Line, which brings you from various locations in Metro Vancouver in 20 minutes. We service all areas of the lower mainland (including but not limited to Surrey, New Westminster, Port Coquitlam, North Vancouver, and Abbotsford) the interior of B.C. (including but not limited to Cranbrook, Kelowna, Kamloops, and Salmon Arm), Northern B.C. (including but not limited to Prince George, Prince Rupert, and Quesnel) and in the Yukon Territory where we offer services in Whitehorse, Dawson City, and Old Crow.

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You have the right to remain silent…so, why don’t you?

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What you say CAN and WILL be used  you (seriously)!

 

I think it is important to discuss the importance of exercising constitutional rights/freedoms. In particular, the right to remain silent when being questioned by law enforcement about alleged criminal activity.

Why does this seem to be the one freedom that no ordinary citizen wants to evoke? It is understandable of course – to a point. Yes, you want to be respectful and cooperative to with the police in the course of their investigation. This means conducting yourself maturely and appropriately, and politely advising the officer that you wish to exercise your right to silence – meaning you do not wish to have any further discussions whatsoever.

And you definitely are not taking the lie detector test.

There is a difference between cooperating and conceding.  Exercising your constitutional right to remain silent does not indicate guilt – it does absolutely nothing except protects your best interests, liberty, and quite literally your freedom (depending on circumstances).

Assuming guilt as a result of silence is what’s known as an adverse inference – and in the realm of criminal justice in Canada, an Accused person is protected from such an insinuation. So, there really is no downside to the advice that seems to evade people during times of crucial importance: don’t talk to the police. Remain silent. Protect your best interests. Seek legal advice. Trust the guidance you receive from seasoned legal professions. We have dedicated our livelihood to protecting the fundamental and inherent rights awarded to every single individual in this country – but in order to obtain the best possible outcome, you, the client, must have confidence in your legal counsel’s ability as your advocate.

This is best demonstrated by being mindful of the first piece of advice you will receive: DO. NOT. TALK. TO. POLICE.

Instead, advise them that any dealings they wish to have with you should be done through your criminal defence lawyer. Once retained, a criminal lawyer becomes the conduit between you and the police. This not only ensures that all communications will be appropriate and methodical – it also provides a new point of contact for the police generally.

Here is a short (non-exhaustive) list of circumstances under which seeking legal advice is strongly recommended:

1) You have been arrested and charged with a criminal offence;

2) You have been contacted by the police for a statement, interview, etc and you are unsure if you are being looked at as a suspect;

3) There is a warrant out for your arrest; or

4) You have reason to believe you will be investigated, arrested, or charged in the near future.

We are conveniently located in Richmond, B.C. only a few steps away from Brighouse Station on the Canada Line, which brings you from various locations in Metro Vancouver in 20 minutes. We service all areas of the lower mainland (including but not limited to Surrey, New Westminster, Port Coquitlam, North Vancouver, and Abbotsford) the interior of B.C. (including but not limited to Cranbrook, Kelowna, Kamloops, and Salmon Arm), Northern B.C. (including but not limited to Prince George, Prince Rupert, and Quesnel) and in the Yukon Territory where we offer services in Whitehorse, Dawson City, and Old Crow.

Whether the crime is violent (assault, aggravated assault, sexual assault, assault causing bodily harm, manslaughter, murder), financial (fraud over/under $5,000, possession of stolen credit cards, forgery), or falls under any other category, the experienced criminal defence lawyers at Tarnow Law Offices are well equip and ready to help navigate you through this difficult time from start to finish.

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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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Weighing the Evidence: Scales of Justice

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The scales of justice weighed in favour of an Accused woman earlier this week, when the Ontario Superior Court upheld her acquittal of impaired driving related charges in Ontario.

Kimberly McLachlan was acquitted of impaired driving in August 2015 after she succeeded in having evidence inadmissible at Trial – her breathalyzer readings, to be specific. This is known as a Charter application, as it seeks to have evidence excluded based on a breach of a Charter protected right.

Her application was based on the fact that when she taken to the police detachment, where she was required to provide a breathalyzer sample, the arresting officers’ had her stand on a scale so that they could have an accurate record of her weight.

Unfortunately, their attempt to be thorough actually triggered a breach of Ms. McLachlan’s section 8 under the Charter – providing protection against unreasonable search and seizure.

It is not part of standard procedure that the police would weigh a person who has been arrested on suspicion of impaired driving. The Judge confirmed that weighing a person is a violation similar in nature to taking bodily fluids (such as a urine or blood) without a warrant.

It is nuances like this – something seemingly harmless – that will catch the attention of a skilled criminal lawyer. Circumstances like these demonstrate the necessity of hiring a criminal lawyer who is familiar with Charter protected rights.

Impaired driving is a particularly complex offence, with a variety of available defences that must be reviewed in tandem with your unique circumstances. Contact our office today for a consultation that will allow us to come familiar with your situation.

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