June 26, 2006
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 general deterrence or denunciation from the factors that may be considered by judges when sentencing young people choosing instead to focus on rehabilitation and tailoring sentences according to individual offenders. The Court was reviewing two cases involving manslaughter and assault causing bodily harm respectively. One of the decisions on appeal was a B.C. decision where the judge considered general deterrence as a “minor factor”. The SCC found she was wrong to do so.
Conservative Justice Minister Vic Toews responded by criticizing the legislation and vowing to review the Act to ensure that accountability and responsibility for serious crimes is enforced. What form that will take remains to be seen. For a recent article on the subject click HERE.
Posted by BCCLB at 11:23 PM
June 16, 2006
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 a number of driving-related offences including specific recognition of street racing as a separate Criminal Code offence and a factor that may be considered in assessing penalties for existing offences.
If the legislation is passed through Parliament in its present form, convicted street racers could get lengthy prison sentences and lifetime driving bans. The First Reading text of the bill is available on the Justice Department website.
Click HERE for an overview of the proposed penalties.
Posted by BCCLB at 03:27 AM
June 01, 2006
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 the province. The B.C. gun amnesty follows on the heels of the announcement by the Federal Government on May 17, 2006 of a one year amnesty for non-restricted firearms (e.g., shotguns and rifles). For details about the federal program (which applies only to non-restricted firearms and does not apply to inviduals who have never held a firearms licence) visit the Canada Firearms Centre website.
The B.C. amnesty waives sections of the Criminal Code governing unauthorized possession of a firearm. However, it does not apply if the firearm has been used in the commission of a crime or to people detained or arrested by police in other circumstances. Click HERE to download a description of the B.C. program.
There are circumstances where the federal and B.C. gun amnesty programs do not apply. If you have questions or concerns regarding the proper procedure to follow to turn in unregistered firearms or about your rights and obligations if you possess an unregistered firearm you should seek proper legal advice to ensure your rights are protected.
Posted by BCCLB at 07:36 PM
May 09, 2006
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 Canadian criminal justice system.
The MMP changes, as proposed, impose mandatory penalties for gun and weapons offences for both “use” (e.g., where a restricted or prohibited firearm is used in the commission of a crime) and “non-use” criminal activity including unauthorized possession, trafficking, and smuggling of restricted or prohibited firearms and ammunition.
Similarly, the conditional sentencing reform bill removes the possibility of receiving a conditional sentence for anyone convicted of a violent crime, serious or major drug offence or impaired driving causing death or bodily harm.
To read the May 4 press release on the proposed MMP legislation click here.
For the government’s backgrounder click here.
To review the announcement on the conditional sentencing reform bill click here.
For the backgrounder click here.
Posted by BCCLB at 09:09 PM
April 11, 2006
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, weapons offences and crimes committed while on parole, end conditional sentences for serious crimes (like weapons offences), and repeal the “faint hope clause” in the Criminal Code that allows a convicted person serving a life sentence to apply for early parole. The Prime Minister’s speech suggests that measures to toughen the federal justice system may not be far off.
Posted by BCCLB at 10:00 AM
October 28, 2005
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 their lawful access powers and the significant increase in access to the private lives of Canadians has caught the attention of civil liberties watchdogs including the federal Privacy Commissioner. Click here for a recent article.
For a thorough review of the current state of the law regarding police investigation powers and the changes proposed in the new Bill visit The Canadian Internet Policy and Public Interest Clinic.
Posted by BCCLB at 10:01 AM
October 14, 2005
Refusal to honour accused's request for legal counsel leads to acquittal on drug and weapons charges in HMTQ v. Parmar
Recently, in a case involving charges for possession of prohibited weapons, the B.C. Supreme Court found that a failure by a police officer to honour an accused's request for counsel is a breach of the right to counsel protected by s. 10(b) of the Charter. In this case, that breach along with breaches of ss. 8 and 9 Charter rights led to the exclusion of evidence critical to the Crown's case against the accused resulting in his acquittal. Click here to read the Court's Reasons for Judgement in HMTQ v. Parmar 2005 BCSC 1247.
Posted by BCCLB at 04:00 PM
September 29, 2005
Importance of cross-examination by defense counsel emphasized by acquittal in assault case.
In R. v. P.S. and A. the accused were charged with assaulting a Peace Officer. They were alleged to have thrown a glass at an RCMP officer resulting in the glass "exploding" in the officer's face. After cross-examination of the officers at the scene, Judge Jardine found that the Crown had failed to prove its case against the accused beyond a reasonable doubt and they were found not guilty.
Posted by BCCLB at 06:11 PM
September 28, 2005
Unlawful search leads to acquittal in New Westminster cocaine and heroin case
In R. v. S., a judgment recently issued out of the New Westminster BC Supreme Court, Madam Justice Dillon ruled that the unlawful search of Mr. S. meant that a large quantity of cocaine and heroine found in the his pants at the time of the search had to be excluded from evidence available to the Crown. As a result, Mr. S. was acquitted.
Posted by BCCLB at 11:51 PM