On October 17, 2018, which is just 1 short day away, cannabis becomes legal across all of Canada.
Cannabis legalization marks a huge shift in public policy, law, and will propel an industry that has existed in the shadows, into the limelight. While both federal and provincial governments have been candidly saying that legalization will not be perfect right away and will be a work in progress, most Canadians are viewing legalization as a step in the right direction as so many lives have been negatively affected by cannabis prohibition.
So, what will happen on October 17? The naysayers want you to believe that there will be a proliferation of crime in the streets. Stoned zombies walking around town. A dramatic rise in impaired drivers. However those that are educated on the subject know that the sky won’t fall and society will continue to function just as it did today, on October 16. What will change is that the millions of cannabis consumers in Canada won’t have to worry about being arrested (if they stay within the parameters of the new cannabis laws) and communities that allow for retail sales will be able to collect millions in tax dollars that can be pumped right back into public programs and infrastructure.
For a variety of reasons, there remains a considerable stigma associated to cannabis consumption. However as time goes on and people realize the benefits that legalization will bring, I predict that the stigma erodes and that society will regard cannabis favorably.
Impaired operation of a vehicle/vessel is illegal in British Columbia, the Yukon Territory, and really, across our entire nation. However, you may be surprised to learn that police agencies haven’t always exercised their discretion when determining what constitutes a “vessel”. We all know it is against the law to drive your motor vehicle while under the influence of alcohol, and common sense dictates that this also applies to motorcycles, and motorized boats – but did you know that it is (apparently) just as unlawful to knock back a few and go for a ride in your canoe?
Yes, the word “vessel” does not limit illegality to motorized methods of passage. Police agencies across Canada have been known to charge individuals for tipsy transport via canoe.
If you make the smart choice to ride your bicycle to/from the bar, and your swerving attracts the attention of police, you might be ticketed with public intoxication – but not impaired driving.
If you get caught canoeing down the Fraser River, you could potentially be charged with impaired operation of a vehicle/vessel – and if convicted, you would likely lose your driver’s license.
Even though you don’t need a license to operate a canoe, it probably isn’t smart to be drunk on the water. While you’re unlikely to harm anyone else, open water and alcohol don’t mix very well. You could end up paying big penalties for impaired operation of a canoe, the highest of which would be your life if you happen to fall overboard.
But, if you don’t heed my advice & find yourself being breathalyzed canoe-side – “thar she blows…. over .08”, contact our office to discuss your options.
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.
A Justice of the BC Supreme Court refused to label Allan Schoenborn as a “High Risk Offender”, meaning that designation has still not been successfully applied since it was introduced by the Harper Government.
Allan Schoenborn was found guilty, but not criminally responsible for the murders of his 3 young children, whom he believed had become victims of sexual abuse. Psychiatrists who assessed him unanimously agreed that he had been suffering from delusions and other symptoms consistent with a schizoaffective type disorder. As a result, it was determined that he did not bear legal culpability for his actions.
Although he was found to not be responsible for his actions, he was remanded to Colony Farm, a Forensic Psychiatric Hospital, for an indefinite period of time (as is standard with all NCR offenders).
The purpose of the Not Criminally Responsible, High Risk Offender legislation is aimed at designating offenders found not criminally responsible by reason of mental disorder as “high risk” if it can be proven that they pose a serious threat of inflicting grave physical or psychological harm to another person.
This legislation is strictly applicable to offenders found not criminally responsible – in essence, it is punitive legal recourse only available for individuals who have already been deemed as severely mentally ill.
In her decision, Justice Martha Devlin determined that there was no reason to believe that Schoenborn met the criteria necessary for a High Risk designation. She noted that his current mental condition, along with the opinions of the experts overseeing his care, does not reflect him posing a serious threat to the public.
If the designation had been granted, it would have excluded Schoenborn from receiving escorted outings into the community, and would create a 3 year period between his review board hearings, as opposed to 1 year as is current procedure.
One of the biggest concerns we see in this legislation, is the effect it may have on offenders who should be entering a plea of not criminally responsible. The problem is that if an offender is likely to meet the criteria of a High Risk Offender once being deemed NCR, they may opt to take a determinate jail sentence simply because a High Risk Offender designation could seriously impede their ability to regain freedom from the psychiatric facility where they are being held. If an Accused person is told “plead guilty and you’ll get 10 years in jail” or given the option of “if you establish a NCR defence, there is a risk of a High Offender Designation, and I can’t tell you with any certainty whatsoever when, or if, you will ever be freed”, which option will likely seem more attractive?
Interestingly enough, Mr. Schoenborn’s high profile case was basically singled out by Stephen Harper when the “High Risk Designation for NCR Offenders” legislation was tabled in 2013. The decision by Justice Devlin demonstrates why impartiality and transparency are vital to the survival of judicial process: although the facts related to this case are heinous and disturbing, a path has been carved for Mr. Schoenborn, and Justice Devlin refused to hinder his progress. His NCR designation was not established in haste, and each step of his treatment since that time has been methodical and closely monitored. He requires intensive treatment and rehabilitation in order to, one day, have an opportunity at freedom.
Navigating through the criminal justice system as an Accused person is an intimidating experience. It is compounded when you are dealing with a mental illness. We are experienced in liaising with clients who suffer from severe mental health problems. We understand that compassion, respect and understanding are of fundamental importance when confronting with these issues. 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.
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.
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.
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.