Violation of rights could lead to dismissal of criminal charges Month: April 2016

Month: April 2016

Violation of rights could lead to dismissal of criminal charges

Residents of the province of Ontario have certain rights. Some of these rights pertain to how police officers can interact with them. For example, in Toronto, police are not supposed to be able to stop someone without having a legitimate reason. If the reason for stopping someone is not legitimate, it is possible that any charges that follow an arrest could be dismissed. This is illustrated in the recent dismissal of multiple charges brought against a man in the city. The man was charged with assault of a peace officer, possession of marijuana and two counts of failure to comply with…

Supreme Court rules on some mandatory minimum sentences

As is the case with any law in Canada, it is possible that criminal laws could later be amended or repealed. This is illustrated by two recent Supreme Court of Canada decisions. Both concern the use of mandatory minimum jail sentences that were previously put in place. The first decision concerns the Truth in Sentencing Act. Under this act, the time individuals convicted of crimes spent in custody while awaiting trial were not given any extra credit for that time. Instead, they were only given one credit for each day served. This resulted in longer periods of time spent in jail. The…

Could accusers in sex assault case face criminal charges?

In our last post we mentioned that lawyer Joseph Neuberger had been called upon to provide insight on the recent sexual assault case involving former CDC radio host, Jian Ghomeshi. Among other outlets, he spoke with the National Post regarding the matter.  In a piece titled “What lies ahead of Ghomeshi” he addressed several issues that could be on the minds of readers, regarding Ghomeshi’s accusers. The first pertains to criminal charges against his accusers. In reaching his decision the judge noted that while it is possible the activities the women accused the man of engaging in did in fact happen, at…


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