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30 Apr 2023, 4:00 am
In its factum, the Crown suggests that it is possible to interpret s. 48(1) such that it authorizes police to conduct random sobriety stops whenever they see someone in the care or control of a motor vehicle, irrespective of whether they intended to check the person’s sobriety on a highway. [read post]
13 Apr 2023, 9:16 am
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24 Mar 2023, 5:42 am
On the other hand, the evidence collected at the stop was reliable and crucial to the Crown’s case. [read post]
22 Mar 2023, 1:14 pm
Most motor oil containers are even likely to have warning labels. [read post]
22 Mar 2023, 12:33 pm
Section 122 is a dual/hybrid offence, which means the crown prosecutor can proceed by summary or by indictable offence. [read post]
3 Mar 2023, 8:08 am
This means that the Crown must prove that it was you who committed the offence. [read post]
3 Mar 2023, 7:23 am
In establishing actus reus, the crown must prove that the peace officer was more than merely inconvenienced by the actions of the accused. [read post]
28 Feb 2023, 10:54 am
Defences Identity The Crown needs to prove identity beyond a reasonable doubt. [read post]
28 Feb 2023, 10:40 am
For detailed common law definitions of “takes”, “converts”, “fraudulently, and “deprive the owner” see our Motor Vehicle Theft article here. [read post]
24 Feb 2023, 12:31 pm
He declared General Motors to be a financial institution, and $14 billion of taxpayer money was sent GM’s way. [read post]
24 Feb 2023, 11:57 am
Therefore, the Crown must show that the motor vehicle was taken. [read post]
24 Feb 2023, 4:45 am
Young planned to secure the vessel with ten lines only when moored at Crown Bay, rather than docked in a marina. [read post]
5 Jan 2023, 2:34 pm
Carrying a Concealed Weapon is a hybrid offence with a Crown election. [read post]
30 Dec 2022, 9:29 am
If you have been convicted under s.286.1 of the Criminal Code and the Crown elects to proceed by indictment you will be liable for the following penalties: If the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present then a minimum penalty of: for a first offence a fine… [read post]
5 Dec 2022, 3:00 am
The court found tire chalking to be analogous to motor vehicle checkpoints, which involve warrantless seizures to promote roadway safety. [read post]
22 Nov 2022, 10:42 am
Solicitation also applies to stopping a motor vehicle, as long as that motor vehicle is on a public roadway. [read post]
18 Nov 2022, 10:34 am
Types of Weapons Offences Use Offences Using Firearm in the commission of offence – s.85 Careless use of firearm – s.86 Pointing a firearm – s.87 Possession Offences Possession of a weapon for dangerous purpose – s.88 Carrying weapon while attending public meeting – s.89 Carrying concealed weapon – s.90 Unauthorized possession of firearm – s.91 Possession of firearm knowing its possession is unauthorized – s.92 Possession at unauthorized place –… [read post]
7 Nov 2022, 8:52 am
A ‘conveyance’ includes motor vehicles, vessels, aircraft, and trains. [read post]
3 Nov 2022, 10:23 am
Therefore, the Crown must prove this. [read post]
31 Oct 2022, 1:26 pm
As the name suggests, driving while disqualified is defined as operating a motor vehicle, vessel, or aircraft while there is a court order prohibiting you from doing so. [read post]
