SENTENCING PRINCIPLES – Section 718 Criminal Code
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...
DRUNK DRIVING – Read More
Drunk Driving Recent Decision on Impaired Care and Control Demonstrates the Complexity of the Offence
Drunk Driving Investigation – Section 253 and 254 Criminal Code
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...
Recent Decision on Impaired Care and Control Demonstrates the Complexity of the Offence
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...
