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In the recent decision of R v. Tina Maria DeSousa , the Ontario Court of Appeal upheld a trial judge’s decision in granting an absolute discharge to a young woman who pleaded guilty to importing 34 kilograms of “khat” into Canada.  The estimated street value was $17,000.  There was a joint submission before the trial judge by lawyers from both sides recommending a conditional sentence (or house arrest).  The trial judge decided to undercut this position and, instead, granted Ms ...

The modern era of technology has impacted our lives in many ways.  To some extent, our effective intelligence has increased significantly as we rely more and more on the Internet to provide us with instant answers and insights into the infinite scenarios we face on a daily basis.  Image walking into the liquor store, looking for the perfect bottle of wine to complement your barbeque steak dinner that evening.  Don’t know anything about wine?  Just ‘google’ it and you’ve got ...

The Proceeds of Crime Money Laundering Terrorist Financing Act (PCMLTFA) applies to real estate brokers and sales representatives/agents.  A broker or agent/representative is defined under the Act as a person or entity that is registered or licensed in a province to sell or purchase real estate.  For employees of a reporting entity, the requirements under the PCMLTFA are the responsibility of the broker.  However, the employee still has obligations to report suspicious transactions and terrorist property.

The obligations under the PCMLTFA ...

There is a misconception among the general public that people who shoplift do it because they are greedy or it is about the money.  As a lawyer in practice for nearly twenty years, I have represented many people who have been charged with shoplifting.  The reason for having committed the offence is rarely so cut and dry.  It is true – there are some who were just hoping to get away with not having to pay for the item.  However, ...

A voice message the following morning after a client of Tushar Pain’s was acquitted of drinking and driving charges:

“Hi Tushar, it’s Frank at 9:00 o’clock in the morning or ten after.  I just wanted to tell you that I can’t thank you enough.  Umm, life changing.  Absolutely, last evening was one of the nicest evenings Carrie and I have ever had together and we have you to thank for that.  So, I cannot thank you enough.  I’m really looking forward to some time in the ...

In Canada, the penalties for drinking and driving grow progressively stiffer with each subsequent conviction.  We have mandatory minimum sentences, which means that judges cannot sentence a person found guilty of a drinking and driving offence below the mandatory prescribed minimum punishment for drinking and driving.  As of the writing of this article, the mandatory minimum fine for a first offence is $1000.  For a second conviction the mandatory minimum sentence jumps to thirty days in jail.  For each subsequent ...

There is a common misconception that a youth record kept under the Youth Criminal Justice Act (YCJA) will automatically be destroyed once a young person reaches the age of 18 years.  This is not the test for determining when a youth record might cease to exist.  In fact, it is quite possible to find yourself in a situation where your youth record becomes permanent.

A youth record is basically a history of information kept either for a purpose stated in the ...