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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 67)

National police services

The RCMP is concerned that they can no longer fund the National Police Services. For those of you who don’t know, the NPS maintains not only the databases of fingerprints and criminal records for Canada, but also the Canadian Police Centre for Missing and Exploited Children and the nation’s sex offender registry.

It’s estimated that this year alone over $28 Million will be spent to maintain the database, which contains information about fingerprints, criminal records, missing children, and the sex offender registry. Federal funding has dropped by $20 Million since 2006. To make up the deficit in funding, the RCMP has been using monies from their budget surplus to maintain this program. However, a recent push for recruitment of RCMP staff and officers has resulted in an elimination of the surplus. 

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Use of technology increases expectations in court

A judge in Michigan has conducted two studies to address the well-known CSI-effect. For those of you who are unfamiliar, the CSI-effect is the theory that jurors who have seen a great deal of television shows like CSI, Criminal Minds, and the like are more likely to expect sophisticated DNA and technological evidence to be presented in murder trials. This has been believed to have had devastating impacts on the administration of justice. It is believed that as jurors grow accustomed to technology that may not be available, or even exist, in certain cases, the potential for convictions and/or acquittals that are not...

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Excessive speeding and your license

excessive Speed Speeding Ticket

A man in Montreal has been given a speeding ticket and fines of $2,598 after he was clocked on radar at over 200km/hr. He is also being given 42 demerit points against his license. This is one of the most notable cases of excessive speed in Canadian history, but the insurance company in Quebec has not yet confirmed if this is the fastest. Given that Quebec Drivers’ Licenses are suspended at 15 demerit points, this gentleman should expect a driving prohibition between 3 and 12 months, depending on his driving record.

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Policing in the province

Just one day after a Surrey teenager was killed by an RCMP cruiser, we learn that the Abbotsford Police are recommending a charge of assault causing bodily harm against thepolice officer who kicked a suspect in the face during an arrest.

Of course, we remember that the Abbotsford  police are themselves the target of an investigation into the use of excessive force, following a video that surfaced on popular social networking site, YouTube.

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The death penalty debate

Harper recently said in an interview that there are times when he believes the death penalty is appropriate. Despite this, he claims to have no designs to reopen the debate.

Regardless, his comments have effectively done just the opposite of his purported intent. Many people are now talking about the death penalty and when it may or may not be appropriate.

History of the Death Penalty

In Canada, the death penalty was always administered by hanging, except in instances of military penalties, in which case the convicted person was shot. At the beginning of the use of the death penalty in Canada, the punishment was available for a variety of offences, including treason, rape, pedophilia, bestiality, burglary, and homosexuality. 

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Canadian bail provisions

Any time a child dies is a tragedy. There is simply no getting around that. A woman in Mississauga has been charged in connection with the death of a child at a daycare she ran. The Crown has decided to proceed by laying charges of second degree murder. On Friday morning, the woman was released on bail pending her trial.

A reading of the comments on the CBC article made it clear to me that the public is not pleased with the decision of Judge Durno in this matter. Their outrage is understandable, given the seriousness of the crime the accused is alleged to have committed. However, there exists a body of law in this country relating to the release of accused persons while they await trials.

As an experienced criminal lawyer in Vancouver, I know just how long it can take to get a trial date. In my experience, it takes at least a year from the date of the arraignment to get a trial date, though it is frequently longer. The arraignment is not typically the first court appearance, so the trial date is typically not set until well after the date of the alleged offence. Some of the complications that can cause these delays include a shortage of judges, a shortage of prosecutors, and difficulty scheduling police witnesses.

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Police takedown in Abbotsford finally investigated

Why has this taken so long? In October of 2009, a video surfaced on YouTube that depicted Abbotsford Police taking down suspects they believed were involved in a drug transaction. The clip depicts officers kicking a man in the head, as well as standing on his legs, despite the fact that the man was lying on the ground an appeared to be complying with the direction of the officers. Although an investigation was undertaken by the Abbotsford Police themselves, it was determined that no misconduct or excessive force was used. Now the BC Police Complaints Commissioner has ordered a public hearing in respect of...

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Provocation and murder

The Supreme Court of Canada recently released their decision in R. v. Tran, a case about a murder that occurred loosely in the context of a domestic assault. The case concerned the quasi-defence of provocation.

Provocation exists as a partial defence only to the charge of murder. Although raising and successfully establishing provocation at trial will not result in an acquittal, it can reduce a first- or second-degree murder conviction to one of manslaughter. A murder conviction carries with it the harshest sentence our criminal justice system can impose: life in prison.

The only substantive difference between a conviction for first-degree murder and second-degree murder is in sentencing. First-degree murder has a mandatory minimum sentence of life in prison with no possibility of parole for twenty five years. Second-degree murder has a mandatory minimum of life, with no possibility of parole for ten years. Manslaughter, however, has no minimum sentence. Thus, the importance of establishing provocation in some instances is quite clear.

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Some facts about drinking and driving

By now, I’m sure you’ve heard of the changes to the law of drinking and driving in British Columbia. There has been a lot of controversy about the new laws, which will be a feature of discussion on this blog. In this post, I hope to outline a little bit about drinking and driving offences and their history in Canada.

What are the offences?

In British Columbia, the Motor Vehicle Act prevents anyone from operating a motor vehicle with an excess of 50mg of alcohol in 100mL of blood. Those who are caught with a blood alcohol level in excess of 0.05mg% will be served a 3, 7, or 30 day driving prohibition, dependent on their driving record. This prohibition is known as an Immediate Roadside Prohibition. Your vehicle will also be impounded, and you will be responsible for the towing and storage costs associated with this. You are also made to pay a fine and the cost of reinstating your license after your prohibition has ended.

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