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drunk driving are impaired operation, 80 Over

Impaired vs ’80 Over – What’s the Difference?

In Canada, the two charges commonly associated with drunk driving are impaired operation, section 320.14(1)(a) of the Criminal Code, and ’80 over, section 320.14(1)(b) of the Criminal Code. These charges carry similar penalties and are often laid together and the accused may be found guilty of both although a conviction can be entered for only one of the charges at a time. While to a

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drinking and driving offences

Drinking and Driving Offences and Defences

Over the years of my practice, I developed special expertise in defending my clients against various drinking and driving offenses. How Serious Are Drinking and Driving Offenses? Although they do not sound serious and many people mistake them for simple traffic violations, the offenses of impaired operation, ’80 over and refuse to provide a breath sample are criminal offenses with long-lasting negative consequences.  If found

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Drug Offences and Defences

Drug Offences and Defences

The prosecutions of drug-related offenses are governed by the Controlled Drugs and Substances Act (CDSA) which was brought into force on May 14, 1997, and created a new scheme for the regulation of certain dangerous drugs and narcotics, now known as “controlled substances”.  The CDSA repealed and replaced the Narcotic Control Act and Parts III and IV of the Food and Drugs Act, and effectively

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Domestic Assault

Domestic Assault

Domestic Violence Offences Over the years of my practice, I have successfully represented my clients in hundreds of cases of domestic assault, threatening death or bodily harm, mischief, sexual assault, criminal harassment, and other domestic violence offenses. Have you been charged with domestic assault?  Trust me, you are not alone.  Domestic violence offenses comprise a huge percentage of any Court’s docket.  In many Courts, domestic

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how do I get divorced

Divorce in Ontario

Who Can Grant the Divorce? Divorce in Ontario can only be obtained from the Superior Court of Justice. Preliminary Issues There are three preliminary issues with respect to any divorce: Does the court have jurisdiction over your divorce; What are the grounds for your divorce; and Is your divorce contested or uncontested. Jurisdiction In order for the court to have jurisdiction over your divorce, at

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Dangerous Operation

Dangerous Operation

Operation of What? This offense is called “dangerous operation” because section 320.13 of the Criminal Code which contains it refers not only to driving a motor vehicle but also to the operation of a vessel, an aircraft, or railway equipment (now collectively referred to as “conveyance”).  Of course, in reality, the most frequent application of this section is in the cases of dangerous operation of

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CRIMINAL HARASSMENT

Criminal Harassment

What is Criminal Harassment? In 1993, the Government introduced section 264 of the Criminal Code intended to penalize conduct commonly known as stalking which is now referred to as criminal harassment.  The maximum punishment available for this offense is 10 years imprisonment.  What may be even worse though is the stigma associated with this offense.  People usually view stalkers as creepy, sick individuals (potentially even

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