BC Criminal Law Blog
BC Criminal Law Blog features news, information and commentary on British Columbia criminal law. This blog is published Marvin Stern and David Albert, BC criminal defense lawyers.
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Recent Articles
Bill C-19 proposes new Criminal Code offence for street racing.
On June 15th the federal government introduced Bill C-19, an Act to amend the Criminal Code (street racing) and to make consequential amendments to the Corrections and Conditional Release Act. The new legislation is aimed at providing harsh penalties for...On June 15th the federal government...
Supreme Court of Canada says deterrence not a factor that may be considered under the Youth Criminal Justice Act
Last week the Supreme Court of Canada ruled unanimously that the Youth Criminal Justice Act, as written, does not allow judges to increase a sentence for the purposes of deterring youth crime. The Court held that the legislature deliberately removed...Last week the Supreme Court of Canada ruled...
B.C. Gun Amnesty Announced for June 2006
Solicitor General John Les announced a month long, province-wide gun amnesty in B.C. yesterday. The amnesty will last for the month of June and is aimed at trying to collect some of the estimated 90,000 unregistered guns that are in...Solicitor General John Les announced a month long, province-wide...
Proposed mandatory minimum penalties and conditional sentencing reforms.
Mandatory minimum penalties (MMPs) and conditional sentencing reforms are currently working their way through Parliament highlighting the importance of defence counsel to ensure that people in Canada accused of serious criminal offences receive fair treatment and due process within the...Mandatory...
BC proposes changes to help municipalities shut down marijuana grow ops
A pilot project targeting Surrey grow ops last year has led to proposed amendments to the Safety Standards Act that, if passed, will give BC municipalities the power to identify and shut down marijuana grow ops in residential neighbourhoods through...A pilot project targeting Surrey grow ops last...
Harper confirms no change to penalties for possession of small amounts of marijuana
In addition, to promising tough reforms to Canada’s criminal justice system the PM also assured those in attendance at his address to the Canadian Professional Police Association (see yesterday’s post for audio link) that his government will not reintroduce legislation...In addition, to promising to...
New PM Promises Serious Time for Serious Crimes
Prime Minister elect, Stephen Harper’s April 3rd key note address to the Canadian Professional Police Association re-iterated the Conservative party's campaign promises to get tough on crime. Harper's remarks revealed plans to impose mandatory minimum prison sentences for drug crimes,...Prime M...
New Lawful Access Bill expected in November raises concerns about expanding potential for surreptitious surveillance
The proposed Bill is anticipated to expand the types of “tracking devices” that police can use under warrant to include laptops, wireless internet connections, cell phones with GPS, and wireless digital assistances (like Blackberries). The potential for police abuse of...The proposed Bill is ant...
SCC finds right to legal counsel not absolute for suspected drunk drivers.
The Supreme Court of Canada's ruling in R. v. Orbanski; R. v. Elias, 2005 SCC 37 endorses the use of roadside breathalyzer and sobriety tests as reasonable limits on the right to counsel of a person accused of drunk driving....The Supreme Court of Canada's ruling in R. v. Orbanski; R. v. Elias,...
Final phase of tougher drunk driving legislation in effect as of June 15, 2005.
As of June 15, 2005, BC drivers convicted of drinking and driving must complete a user-pay education and rehabilitation program before they will be allowed to drive again. The Province is also committed to bringing in user-pay interlock ignition programs...As of June 15, 2005, BC drivers convicted...
