“Miranda Rights” is a term used in the United States to describe civilians’ rights upon arrest and detention. It comes from the 1966 US Supreme Court Case Miranda v Arizona, in which the Court ruled that statements made by an accused to police are only admissible in court if the accused was made aware of [ … ]
In United States criminal law, probable cause is the standard for police to obtain an arrest or search warrant. In Canada, police must have reasonable grounds to believe an offence has been committed before arresting and/or charging someone with a criminal offence. To obtain a search warrant, they also require reasonable grounds to believe that [ … ]
It is a criminal offence to drive within 2 hours of having a blood THC concentration of 2 nanograms per millilitre of blood or more. The penalty is higher if the concentration is 5 ng or more. It is extremely difficult to make individual predictions about how long after smoking someone’s blood THC concentration will [ … ]
In Canada, you can bring a civil claim anyone who has committed an actionable wrong against you. These will typically only be successful if you can show that the other person’s actions caused harm that can be properly compensated by a judicial remedy such as monetary damages (e.g., medical bills, lost wages, property damage, etc.). [ … ]
Legally, the police can arrest you if they have reasonable grounds to believe you committed a criminal offence, even if you did not. This means they have some evidence that you committed the offence, but it does not necessarily mean they have enough evidence to bring the case to trial or for you to be [ … ]
A common issue that can occur around drug use is the hesitation to call for medical assistance when a drug overdose happens. Will you get in trouble for reporting a drug overdose in Ontario? The simple answer is no, and our government has legislation to protect you in an effort to save lives. The Good [ … ]
Generally speaking, you may wonder what the penalty for drug possession is in Canada. The penalty for drug possession is determined by a variety of factors including the type of drug, the quantity the individual was charged with, and factors specific to the individual charged What type of drug? First, the penalty for drug possession [ … ]
Rather than one purpose, there are many purposes of criminal law in Canada. These purposes are often pursued harmoniously, but there are situations which necessitate that they be balanced against each other. Maintaining order and protecting society One of the primary purposes of criminal law in Canada is to maintain order and protect society. Criminal [ … ]
The police in Canada have the authority to seize and retain items, including mobile phones, under specific circumstances. If they have a lawful reason to believe that your phone contains evidence of a crime or is connected to criminal activity, the police may take your phone as part of their investigation in Canada. Search warrants [ … ]
In today’s digital age, text messages have become a prevalent means of communication for people from all walks of life. However, what many individuals might not realize is that these seemingly casual exchanges can have significant implications, particularly if they become part of a criminal investigation. Text messages as potential evidence In criminal investigations, text [ … ]
© 2024 Collett Read LLP Criminal Lawyers. All rights reserved.
Website by ryanahrens.ca