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Drug Recognition Experts not receiving proper training

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The case of a man who was charged with impaired driving reveals there may be a “systemic problem” with the training of drug-evaluation police officers in Ontario. – Read the article here.

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Is safer communities’ legislation necessarily a good thing?

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The powers granted by safer communities’ legislation can lead to an invasion of privacy and constitutional rights without much accountability or due process… read the full article here.

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SCC critical of Truth In Sentencing Act

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It is the duty of the courts to ensure that the highest law of the land, the Charter of Rights and Freedoms, is not contravened – read the full article here.

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Drinking and driving appeal decision doesn’t address problematic reasoning by trial judge

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Toronto criminal lawyer Tushar Pain tells The Lawyers Weekly that it’s unfortunate the appeal judge who upheld a conviction in a drunk driving case didn’t address how the trial judge could have been satisfied that the demand for a breathalyzer had been made. Read the rest here.

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The state of the law on driving impaired by drugs

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Toronto criminal lawyer Tushar Pain writes in Lawyers Weekly that he hopes a definitive decision from a higher court will come soon on recent changes to the Criminal Code.  Read more here.

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John Howard Society steps up to offer bail supervision program

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The decision by the government to provide a bail verification and supervision program in 17 communities across Ontario is certainly positive as it provides another option to being detained in custody… read more here.

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Mandatory minimum sentence for gun crime struck down

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With the strike down of the mandatory minimum for gun crimes, there may be more guilty pleas to the offence where offenders are able to plea bargain a sentence substantially less than three years… Read the rest of the article here. 

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18-month sentence following a conviction for human trafficking charge

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Toronto criminal lawyer Tushar Pain says an 18-month jail term for human trafficking handed to a man who forced his housekeeper to work long days for little money seems harsh… Read the story here.

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The importance of mid-trial instructions when dealing with character evidence

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It’s a “double-edged sword” in cases where a judge has to give detailed instructions to a jury to focus on the crimes that were committed and not the type of person who committed them… Read the rest of the story here.

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Without proper training, cops with Tasers could result in misuse

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Strict guidelines and training are necessary if the expanded use of Tasers in Ontario will be a positive step forward… Read the full story here.

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