Supreme Court rules police officers are not entitled to consult with counsel prior to writing their notes

Officer writing in notebook

The recent case of Schaeffer v Wood addresses whether police officers have the right to consult with a lawyer prior to writing up their notes when they are involved in an incident that has resulted in serious bodily harm or death to a civilian. I have been tracking this case for the past couple years [...]

Have you been charged while riding an e-bike?

Have you been charged while riding an e-bike? E-bikes (a.k.a. “power assisted bicycles”) Chances are by now you’ve seen an e-bike or 2 silently cruising down the street. They look like motorized scooters, but they run on a battery instead of gas. They have pedals, but no one ever uses them, because you don’t need [...]

“If he wasn’t guilty, the police wouldn’t have arrested him!” Right? Wrong!

“If he wasn’t guilty, the police wouldn’t have arrested him!”  Right?  Wrong! The problem with the notion that everyone who is arrested is guilty In last my post last month I touched on this idea in the context of the horrific rape-murder of the young woman in India.  I argued that the mere fact that [...]

The importance of defence lawyers and the presumption of innocence in heinous crimes

The importance of defence lawyers and the presumption of innocence in heinous crimes Rape-murder in India and the India Bar Association’s response Unless you’ve been living under a rock recently you will have heard about the terrible rape-murder committed against the female university student in India.  This heinous crime has sparked outrage amongst the people [...]

Crown’s will soon have to report police who lie

Crown’s will soon have to report police who lie While this might seem like something that should obviously be happening all the time, it traditionally has not been the case that Crown’s were compelled report police who lie How this new policy came about In April 2012 the Toronto Star undertook an investigation into cases [...]

Schaeffer v Wood Part 2 – Appeal to the Supreme Court

Schaeffer v Wood Part 2 – Appeal to the Supreme Court As I wrote in my previous post on Schaeffer v Wood, the Ontario Court of Appeal recently changed the rules for police officers who are involved in an SIU investigation. In that case the Court of Appeal stated the following: Officers who are involved [...]

rangefindr

What is rangefindr? rangefindr.ca is a new legal research tool for criminal sentencing. It was created by a friend of mine and it is changing how legal research is done. He has this to say about it: Determining a sentencing range has always been a difficult task since it requires many legally and factually similar [...]

Provincial Offence Notices – Form 3 and 4

Provincial Offence Notices – Form 3 and 4 This is a followup to my previous post on the new Option 2 in Provincial Offence Notice Form 4.  As I said in that post, Option 2 in Form 4 was changed from “plead guilty with an explanation” to “early resolution meeting with a prosecutor”.  You can [...]

New Provincial Offence Notice Form 4 – Option 2

New Provincial Offence Notice Form 4 – Option 2 Starting March 31, 2012, police in Ontario will be moving to a new version of Provincial Offence Notice Form 4 (the ticket that police give you when they charge you or contravening a provincial law).  Some of you may have had the misfortune of receiving one [...]

Summering at Proudlove Law in Toronto

Summering at Proudlove Law in Toronto I am proud to announce that this summer (2012) I will be working for Stephen Proudlove at Proudlove Law in Toronto.  Proudlove Law is a boutique criminal defence firm specializing in criminal trials and appeals, constitutional law, regulatory law, and professional discipline.  They are a litigation oriented firm and [...]