Given the changes to the Criminal Code that have virtually eliminated the possibility of challenging the validity of breath samples, the most frequent avenue taken by defence lawyers when defending impaired driving charges is by virtue of charter motions. The charter motion below is one that I successfully presented in order to secure an acquittal for […]Continue reading
It appears that even with a full blow acquittal, the RCMP may still refuse a fingerprint destruction request. As indicated on the RCMP website, here are the grounds in which a request may be denied. The highlighted sections are cases in which the RCMP grants itself permission to keep fingerprint records on file despite non-conviction. Compelling […]Continue reading
Can a judge order an assessment of the accused’s mental condition for the purposes of sentencing without the accused’s consent? This question which has been asked in several reported decisions in this past decade suggests two schools of thought and has yet, in my view, a conclusive answer. The interpretation of s. 723(3) Section 723(3) […]Continue reading
Over the years, I have represented several individuals of various origins that are newcomers to Canada. Whether students, labourers, entrepreneurs or professionals, they often share the same goal, to live a better life and succeed in this country. The reality of the matter is that they face several hurdles and challenges on the road to […]Continue reading
Oxford professor and intellectual property expert David Vaver, defines Intellectual Property as “a term that denotes copyrights, patents, trade-marks, trade-names, industrial designs, plant breeders’ rights, and ICT rights, and sometimes rights arising from provincial law relating to, for example, trade secrets, misappropriation of personality, and passing off. Both “intellectual” and “property” may be misnomers.” Infringement […]Continue reading
In March of 2012, Laurent Martineau, owner of tobacconist shop “Tabagie Bélanger” in Plessisville, Quebec had been asked by an inspector to replace his outdoor store sign or face a 2000$ fine. The sign in question, which is at least 50 years old, displays a tobacco leaf and a smoking briar pipe. The inspector issued the […]Continue reading
There seems to be a proliferation of email & sms spoofing sites on the web, most of which are based outside of North America. These sites, often conveyed as a novelty item, permit users to fill in a form that enables them to send a message that appears to be originating from the person of […]Continue reading
Questions pertaining to immigration law often arise in a criminal lawyers practice, especially in multi-ethnic cities such as Montreal. The most important piece of legislation that governs this matter is Canada’s Immigration and Refugee Protection Act. The first question one must ask is in which category does the individual fall into: A Foreign National is defined as a […]Continue reading
R v. Peter Anoussis A recent Bail Hearing decision of the Court of Quebec may substantially affect common practices with respect to bail. In R v. Peter Anoussis , the crown had requested a money deposit of $500 as a condition of release. An amount possibly too onerous for the defendant , Judge Patrick Healy […]Continue reading
‘ A friend of mine that is leaving Canada for a couple of years has asked me if she could use my address in order to receive her mail. Could I get in trouble for this ?’ This interesting question was recently raised by a client of mine. My immediate reflex was to ask her […]Continue reading
