What is an Intermittent Sentence? An intermittent sentence is a sentence of imprisonment that is served on specific days only, as opposed to consecutive days. For an example, a person who is sentenced intermittently could serve their sentence on weekends only. It is...
What is the Fundamental Principle of Sentencing? The Criminal Code states that the fundamental principle, or guiding rule, of sentencing is that “[a] sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.” This...
An investigation for drunk driving begins when a police officer has “reasonable grounds” to believe that a person has driven a vehicle in the past three hours with alcohol his/her system. Simply put, if a police officer thinks a person has driven in the last three...
Under our criminal justice system, all persons (with some technical exceptions) are presumed to know and understand the law. This presumption is codified in the Criminal Code, which provides that ignorance of the law by a person who commits an offence is not an excuse...
Failure to Comply with a Demand (Failure/refusal to blow) A person who refuses to comply with a lawful demand for a breath sample or a lawful demand to perform sobriety tests in relation to a drunk driving investigation can be found guilty of the drunk driving charge...