Articles, discussion or information pertaining to criminal defence | Eleanor Funk | Calgary Criminal Lawyer
1 2 3 11

Globe Editorial:

“The federal Justice Department has hired a pollster to sound out Canadians on their appetite for criminal sentencing reform…”

Read full article:

https://tgam.ca/2v85BbO

The Federal Government is considering lowering the legal limit for drinking and driving to 0.05 – what does this really mean?

In Canada, it is a criminal offence to drive with a blood alcohol level greater than 0.08.  Persons charged and convicted receive a criminal record for this offence and a minimum $1000 fine and 1-year driving prohibition.

The Federal government is now considering lowering the legal limit in the Criminal Code to 0.05, meaning those drivers caught driving with more than this level of alcohol in their blood could be charged criminally, and if convicted face a minimum of a $1000 fine and 1-year driving prohibition.

Putting aside any debate as to whether new laws would actually reduce the number of impaired drivers on the road, there are a number of practical realities to this proposal.

Canadian courts are already backlogged with cases.  In Provincial Courts, the vast majority of criminal cases that proceed to trial (as opposed to pleading guilty and resolving without a trial) are impaired driving / ‘over 80’ cases.   Lowering the legal limit to 0.05 means the police will catch and charge more people; more cases will fill an already over-flowing court system; and more court delays will follow.   Without the governments (Federal and Provincial) also applying more resources (i.e. money) in the form of prosecutors; judges; clerks and other court staff.  Creating more criminal laws will result in more delays in an already over-burdened court system.

Even without changing the Criminal laws, many provinces, including Alberta, also have Provincial legislation dealing with drinking and driving – while not involving criminal convictions, the provincial laws can impose driving suspensions and vehicle seizures.

In Alberta, any driver caught driving with a blood alcohol level of 0.05 or more will have to immediately surrender his drivers’ licence to the police and will immediately receive a suspension of that driver’s licence.  In the case of a first-time violation, the driving suspension will be for 3 days; a 15-day suspension follows a 2nd time violation; and 30 days’ for subsequent violations.  After more than 1 suspension, the driver will be required to complete a mandatory educational program and will be subject to terms and conditions on his licence.  Even if the blood alcohol levels are not over 0.05, in Alberta, police can issue 24-hour driving suspensions where the officer suspected a driver has consumed alcohol or a drug in such a quantity as to affect the driver’s ability to drive.  When novice drivers have any amount of alcohol in their body, police in Alberta can suspend drivers’ licences for 30 days.

If you have been charged with a criminal offence, you need the assistance of an experienced Criminal Defence Lawyer.  Contact Eleanor Funk today at 403.681.9788 or email at info@eleanorfunk.ca

When do I have to give my name to the police? Can I get into trouble for not giving my name?

The police are entitled to talk to people and ask people to identify themselves during their general duties. There is no law that stops the police from trying to engage people in conversations.

Citizens are under no legal obligation to answer police questions or even to give their names to the police just because the police ask for identity.   Except for certain situations, it is not against the law to not give your name to the police.

If the police tell you that you are under arrest or under ‘investigative detention’ for an offence – you must identify yourself to the police. If you refuse, you can be arrested for ‘obstruction of justice’.

If you are driving a vehicle, and the police stop a vehicle, you must provide your identification and vehicle documentation to the police.

In Alberta, if you are a passenger in a car, the police cannot demand your identification unless the police officer observes the passenger is violating part of the Traffic Safety Act (e.g. not wearing a seatbelt), or violating a Municipal by-law. If you are a pedestrian on the street, the police may demand your identification if you are ‘acting in a manner contrary’ to the Traffic Safety Act or a bylaw.

In short – the police can approach people and talk to people. In most cases, there is no obligation on members of the public to talk to the police or answer their questions. If you have been involved in a car accident, or otherwise in a traffic stop by police, or if you are being detained or arrested, you must give your name to the police.

If you have been charged with a criminal offence, you need the assistance of an experienced Criminal Defence Lawyer. Contact Eleanor Funk today at 403.681.9788 or email at info@eleanorfunk.ca

 

What you need to know when hiring a criminal defence lawyer

If you have been charged with a criminal offence, chances are you’ll need to hire a criminal defence lawyer to defend you.  There is nothing wrong with setting up interviews with a couple of different lawyers.   If you’ve never been charged with a crime before, you might not know what questions to ask.

When you go to meet with the lawyers, be prepared.  Bring with you whatever paperwork you’ve received from the police or at the courthouse.  These documents will typically include: your bail paperwork; any documents showing your next court date; and perhaps some or all of the police report or other evidence the police / Prosecutor will intend to use against you.

Most likely, you will want to know how much it will cost to hire the lawyer to defend you.  Most likely, the lawyer won’t be able to give you a precise fee quote at the first meeting.  Many lawyers will ask you to pay an initial retainer (perhaps in the range of $2000 – $5000); and will later be able to quote a final fee once they know how complicated and time consuming your defence will be.  Some lawyers might provide you with an estimate of a range of fees in that first.

Many criminal defence lawyers will not bill by an hourly rate; but will instead quote you a flat fee for representing you.  Make sure you understand the fee agreement and what is included.

When interviewing criminal defence lawyers, you might want to ask:

  • How long they’ve been practicing law;
  • Have they always practiced in the area of criminal law;
  • How familiar they are with the type of charges you are facing;
  • How often do they take cases to trial.

If you are not a Canadian citizen, make sure you share this information with the lawyers, as there may be immigration consequences following convictions for some offences.

After interviewing 2 or 3 criminal defence lawyers, you will need to decide and hire one of them.  Do not simply gravitate towards the one with the lowest fees if you’re worried about money; do not gravitate towards the most expensive, thinking ‘bigger is better’… instead, consider their levels of experience; consider how well they explained the criminal process to you and their strategies for representing you; and most importantly, consider with whom you felt the most comfortable and confident in handling your defence.

If you have been charged with a criminal offence, you need the assistance of an experienced Criminal Defence Lawyer.  Contact Eleanor Funk today at 403.681.9788 or email at info@eleanorfunk.ca

 

Federal Government Reveals Plans to Legalize Pot

Later this week, the Federal Government will reveal its much-anticipated pot legislation – the first step towards legalizing the possession and sale of marihuana in Canada.

With the final laws still to be determined, it appears the Government plans to legalize possession of marihuana, up to a weight of 30 grams; and to allow individual households to grow up to 4 plants. Other details expected in the proposed plan include:

  • Introducing penalties for selling cannabis products to minors (the age for legal possession is expected to be 18 years of age, with the individual Provinces being able to raise that age);
  • Introducing penalties for driving under the influence of marihuana;
  • Determining the legal limit for driving after consuming cannabis products (similar to the ‘over 80’ limit for alcohol);
  • Setting rules limiting how cannabis products are marketed – similar to the ways in which the marketing of tobacco and alcohol are limited;
  • Using some of the profits from legal pot sales to fund public awareness and education campaigns; and
  • Approving some type of roadside saliva tests, to enable police officers to determine the presence of cannabis in drivers.

At the present time, there is no roadside screening or detecting device for police to use in Canada to detect the presence of cannabis in drivers. As part of the new legalization of pot, the police will need the ability to determine the presence of pot, and the levels of cannabis present, in drivers immediately on the side of the road – similar to a ‘check stop’ program – without having to take the time of obtaining blood samples and waiting for lab test results.

For now the possession, production and sale of marihuana in Canada remains illegal. The Federal Government hopes to have the new laws in place by July 1, 2018.

If you have been charged with a criminal offence, you need the assistance of an experienced Criminal Defence Lawyer.  Contact Eleanor Funk today at 403.681.9788 or email at info@eleanorfunk.ca.
1 2 3 11