Police Brutality Leads to Thrown Out Charges By: Katelyn Bell, Summer Law Student The Canadian Charter of Rights and Freedoms (“Charter”) guarantees certain protections to Canadian citizens, such as the right to life, liberty and security of the person; the right to be free from unreasonable search and seizure; and the right not to be subjected to any cruel or unusual treatment or punishment. The Charter regulates interactions between the state (federal, provincial and territorial governments) and individuals; it does not govern interactions between individuals. If the Charter rights of an accused person were violated during the investigation against them, the court will exclude the evidence obtained in the investigation. This results in a dismissal of the charges. As such, many accused persons will seek to advance a Charter violation argument, which is not often successful. However, in the case of Mr. Jung, the argument was successful. Mr. Jung was stopped at a RIDE spot check in late February 2016. Mr. Jung was over the legal limit and therefore failed the roadside breath test. Mr. Jung was arrested by police at the spot check. Mr. Jung and his girlfriend – a passenger in the vehicle – were than transported to the police station for additional, more conclusive, breath tests. Mr. Jung alleged that during his time with the arresting officers, his Charter rights were violated. According to Mr. Jung, Constable Gill physically assaulted him while he was handcuffed. Mr. Jung stated that the police repeatedly bashed his head with a phone receiver, while the police officer claimed that he accidently hit Jung with the phone receiver. Mr. Jung was also deprived of using the washroom for a prolonged period of time. As documented by in-car video evidence, the two police officers who arrested Jung at the RIDE spot check told Jung to urinate in the back seat of the police cruiser. Mr. Jung’s case was heard at the Ontario Court of Justice on April 5 and 6, 2017. Justice J. W. Bovard released his decision on the matter on July 19, 2017. Justice Bovard found that the police did in fact violate Mr. Jung’s Charter rights, and as such, the breath tests could not be admitted as evidence (at paragraph 126): “I find that in light of this very serious breach of Mr. Jung’s right to security of the person, and considering the behaviour of the police regarding the breach, to admit the breath tests into evidence would bring the administration of justice into disrepute.” Besides the breath tests, there was no other evidence against Mr. Jung on the charge of impaired driving. Thus, the court was unable to find Mr. Jung guilty of impaired driving and the charge was therefore dismissed. Toronto police have said that the court’s decision is being reviewed by the internal Professional Standards Unit. Devry Smith Frank LLP (DSF) is a full service law firm located in Don Mills. If you require representation or have any questions, please contact DSF today. You may contact one of the many experienced lawyers on our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Human Rights LawJuly 31, 2017June 22, 2020
Canna Clinic Staff Charged in Multiple Police Raids Canna Clinic has been raided for the third time in only two weeks. Canna Clinic is a B.C.-based dispensary chain that has opened up in Toronto. The initial raid took place on June 22nd, targeting seven Toronto locations, six Toronto residences and six Vancouver locations. Police took the following actions: 80 employees arrested, charged, and released on scene Seized one vehicle Seized 178 kg of marijuana Seized 48 kg of THC edibles Seized 6.8 kg of shatter Seized 19 kg of cannabis resin Seized over $350,000 in cash See the official TPS News Release The second raid occurred at the Eglinton location, which re-opened two days later on Saturday June 24. Police raided it again on June 27th, seizing: 22 pounds of cannabis $13,000 cash Along with “associated equipment required for the operation of the dispensary” The following people were charged: Rocio Gomez Solar, 23, of Toronto Christine Sylvia Dragos, of Toronto Nicolette Daneiha Franklin, 22, of Toronto Daniel Sol, 22, of Toronto Keyanne Matthews, 26, of Toronto Esron Duncan, 47, of Brampton Hitarth Patel, 22, of Toronto They were all charged with possession for the purpose of trafficking a schedule II substance and possession of proceeds of crime. They are to appear in court on August 22, 2017. June 29th saw another raid, this time a the Yonge Street location. The Police seized: Drug paraphernalia Cash Electronics Other marijuana-related property The following people were charged: Houston-Nambu Bongeli, 21, of Oshawa Taylor Jonathan Henderson, 24, of Toronto Shauna Kaye Alicia Green, 27, of Brampton Adam Jonathan Miziolek, 27, of Toronto Justin John Bishop-Salij, 27, of Toronto Cypress Doreen Reid-Smith, 21, of Toronto Omar Abdul-Kader, 25, of Toronto Alderman James Bennett, 50, of Toronto They were all charged with possession for the purpose of trafficking a schedule II substance and possession of proceeds of crime. They are to appear in court on August 24, 2017. On Wednesday, July 5, 2017, a third search warrant was issued for the Eglinton location. This time around: 5 people were charged: Sean Vernon Guptill, 37, of Toronto Emmanuel Alejandro Herrera, 28, of Toronto Shannon Marie Jones, 29, of Toronto Zackery Scott Lucas, 22, of Toronto Ali Amini, 38, of Toronto They were all charged with possession for the purpose of trafficking a schedule II substance and possession of proceeds of crime. They are scheduled to appear in court on Tuesday, September 5, 2017. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please visit our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Cannabis LawJuly 31, 2017June 22, 2020
Update: 700 Employees at Pearson International Airport Go On Strike By: Nicolas Di Nardo As noted in our blog published earlier this week, 700 employees have gone on strike at Toronto’s Pearson International Airport. The 700 employees represented by the Teamsters union went on strike on Thursday night, after rejecting an offer from their employer, Swissport. Luckily, the Greater Toronto Airports Authority has a contingency plan in place, however no details were provided. Airlines have also said they were prepared if their workers decided to join the picket line. Swissport is connected to 30 of the 74 airlines at Pearson which include airlines such as Sunwing, Air Transat, Air France and British Airways. The proposal presented to employees by Swissport was rejected by a 95 per cent margin. The union believes the contract is unfair to its workers, something they demonstrate as they march with signs and chant “respect” out front of Pearson Airport. So far it is unclear how long this will last, but if you’re trying to catch a plane in the coming days, you may want to check to make sure your airline is not one of those thirty airlines effected. For more details on the strike, please read our blog that goes into more detail on this matter. Devry Smith Frank LLP (“DSF”) is a full service law firm in Toronto that has experienced Labour Law Lawyers that can assist employers in the event of union organizing, bargaining and negotiations, and strikes. If you require a Labour law Lawyer, contact DSF’s Labour Lawyers today, or call our office directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment LawJuly 28, 2017June 22, 2020
Man pleads Guilty to Disruption on Air Canada Flight By: Nicolas Di Nardo A drywaller from Amhurstview, Ontario is potentially facing up to two decades behind bars. Brandon Courneyea, the defendant, admitted to interfering with a flight attendant last month. His actions opened him up to a maximum penalty of 20 years in prison and a $250,000 USD fine. Before Courneyea boarded the Air Canada flight, he took an undisclosed amount of cocaine according to court documents. What occurred on the flight as a result, include: Yelling at people for looking at him Threw paper at a passenger Moved erratically through the aircraft without shoes on Grabbed a hot coffee pot and swung it at passengers and crew Tried to open the aircraft cabin door Once again, grabbed a coffee pot before being subdued According to the plea agreement, when he went for the aircraft door he told people around him that “it would only take one guy to take the plane down and that he wanted to take everyone with him.” Once he was able to be subdued, he was bound to his seat with zip ties. The flight was diverted to Orlando, where he was arrested. He spent a number of days in a hospital before making his first court appearance. A Florida judge agreed to release Courneyea on $125,000 bail and allow him to return to Canada in the weeks prior to his guilty plea. Courneyea is a father of five, two of which have special needs, and at the moment his wife is caring for them on her own. His sentencing is set for September 11, 2017. At Devry Smith Frank LLP we have experienced lawyers in all areas of law. If you are looking for a lawyer or have general questions, please feel free to contact one of our lawyers today, or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 27, 2017June 22, 2020
Teen Charged After Colliding with Police Car By: Nicolas Di Nardo Tuesday night, a teen was charged after colliding with a police cruiser. The car the teenager was driving was allegedly stolen. Peel Region Police were responding to a call around 6 p.m. about an incident near Camilla Road Senior Public School. A group of teenagers in a black SUV had approached someone and it their bicycle with a bat. When police arrived on scene, Peel Const. Harinder Sohi says one person decided to try and flee in the SUV, hitting a police cruiser. The driver tried to flee again, but crashed. The rest of the teens decided to try and flee on foot, but police were able to arrest two people. The teen driving the vehicle has been charged with: Dangerous operation of a motor vehicle Possession of property obtained by crime Possession of a weapon for dangerous purpose The other was arrested, but was released without charges. No police officers or other individuals were injured during the incident. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please visit our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 27, 2017June 22, 2020
Possible Strike at Pearson Airport Beginning Thursday By: Nicolas Di Nardo Already checked in for your flight tomorrow? Flying out of Pearson by the end of the week? You better make sure you continuously check your flight time, because your flight could face some delays. Why, you may ask? Pearson’s ground crew for 30 airlines may be going on strike tomorrow, with the potential to delay flights. Monday, the union representing Swissport workers (approximately 700 employees) filed a 72-hour strike notice and will ask its members to shoot down the company’s final offer. Swissport believes their final offer is “fair and competitive, and expressed disappointment that the union may strike.” The union has not yet given members the reason why they are to reject this apparent fair and competitive offer. All workers that will be going on strike as early as Thursday night include: Baggage Handlers Cargo Handlers Cabin Cleaners The union is expressing their concerns with: Company’s decision to hire 250 temporary workers – without significant change in workload Union was only given a day’s warning before they began hiring the workers Training duration temps receive (3-4 days rather than 3-4 weeks) Don’t believe these workers can do their job with no experience and poor training They also claim that Swissport hired those 250 workers to put leverage on workers during the current round of contract negotiations. Which they believe is sacrificing airport safety. Swissport’s response to the hiring of temporary workers as a way to respond to the summer rush, something they are permitted to do under the collective agreement. As a result, the Teamsters have filed a formal complain with the Canadian Industrial Relations Board. Specifics could not be discussed due to the upcoming CIRB case. It will be interesting to see how many workers do go one strike, considering it has been mentioned that the union’s members don’t want to strike. Nevertheless, the Greater Toronto Airports Authority has a contingency plan in place in the event of a strike or labour disruption by Swissport workers. Devry Smith Frank LLP (“DSF”) is a full service law firm in Toronto that has experienced Labour Law Lawyers that can assist employers in the event of union organizing, bargaining and negotiations, and strikes. If you require a Labour law Lawyer, contact DSF’s Labour Lawyers today, or call our office directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Labour LawJuly 26, 2017June 22, 2020
Mitchell Irwin Sentenced to 4 years Behind Bars, 6 year Driving Ban By: Nicolas Di Nardo Yesterday’s blog outlined the incident that occurred on June 13, 2015, when Mitchell Irwin sped through an intersection, hit a cyclist and left the scene. The cyclist later passed away due to major head trauma. Mentioned in the previous blog were the statement of facts, along with the charges laid in the initial arrest: Criminal negligence causing death (sec. 220) Failing to remain (sec. 252) Violating bail conditions, which includes: Communicating with two friends who were in the car at the time Consuming alcohol Irwin was sentenced yesterday for above hit-and-run. He was sentenced to: 4 years in prison 6 year driving ban (following his prison sentence) This was given out on Monday after pleading guilty last Friday to dangerous driving causing the death of Adam Excell, and failing to remain at the scene and breaching his bail conditions. Excell’s family still does not believe that justice was served after hearing the sentence. They believe that “if you take someone’s life while driving, you shouldn’t be able to drive…you shouldn’t have that privilege.” If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 25, 2017June 22, 2020
Christopher Husbands: Eaton Centre Shooter Granted New Trial By: Katelyn Bell, Summer Law Student In a previous blog post, we discussed the possibility of a new trial being granted to Christopher Husbands. Husbands was the perpetrator in the 2012 Eaton Centre shootings, which killed two people. Husbands was found guilty of two counts of second-degree murder in 2015. Recently, Husbands argued that his 2015 trial was prejudiced as a result of an improperly selected jury, and as such, he argued that he was entitled to a new trial. Last Friday, the Ontario Court of Appeal agreed. The Court overturned Husbands’ convictions as a result of the trial judge’s “irreparable mistake” with regards to the jury selection. As discussed in the previous post on this issue, in the 2015 trial, static jurors were imposed by the trial judge, despite Husbands’ lawyers’ request for rotating jurors. The Court of Appeal acknowledged that Husbands’ request was clear, and the trial judge was wrong to have imposed static jurors. According to the Court of Appeal, “In accordance with the current state of the law… what occurred here cannot be salvaged.” This decision comes as little surprise, as the Court of Appeal has made the law clear on this point: the improper use of static jurors will render a conviction voidable (R v Noureddine). As the Noureddine decision stems from the highest court in Ontario, it is binding on all lower courts in the Province. It is the trial judge’s failure to follow Noureddine that has led to the overturning of Husbands’ convictions. Yet, it is likely to take more than a year before a new trial for Husbands gets underway. As Husbands was acquitted on the charge of first-degree murder, his new trial will be on the charges of second-degree murder, as well as aggravated assault and criminal negligence causing bodily harm. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 25, 2017June 22, 2020
Driver Charged in Attack of 74 year-old Cyclist in Peterborough By: Nicolas Di Nardo A video that surfaced (WARNING: Graphic Content) on the internet of an incident that occurred last Tuesday around 11 a.m., has led to a man being charged for aggravated assault and assault with a weapon. The man in question, David Fox, 65, is shown in the graphic video beating a man with a club while kneeling over top of him on the side of the road. Police have said that an argument had taken place between the 74 year old cyclist and the truck driver prior to the attack. Fox’s only defence in the video when confronted was that he “tried to walk away.” Later on it was reported that Fox had fled with scene in his truck. Luckily for the cyclist, the woman recording was able to get a clear shot of the attacker, the truck’s make, model, and license plate, not to mention also capturing part of the attack. She unfortunately was unable to record the beginning of the confrontation that led to the attack. A number of bystanders cam to the aid of the cyclist when they realized what was going on, and attempted to contain the driver until police arrived, but were unsuccessful. An hour later, Police arrested David Fox, while the cyclist was transported to the hospital, and was treated and released. David Fox is scheduled to appear in court on August 24th, and was released from custody. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 25, 2017June 22, 2020
Driver of Vehicle that Killed Cyclist in 2015 to be Sentenced By: Nicolas Di Nardo Back in June 2015, Mitchell Irwin, now 21, struck a cyclist, Adam Excell, 26, while he was biking at night. Now two years later, Irwin owned up to his actions and pled guilty to dangerous driving causing death on Friday. At the time of the accident that took place in the area of Yorkville, Irwin was 19. The statement of facts which was agreed upon, outlines the night of the incident: 11:20 p.m.: Excell was making a left turn onto Davenport during an amber light, after oncoming traffic had stopped Irwin was weaving through vehicles, sped into the intersection and hit Excell According to a collision reconstruction report, Irwin was going 87 km/h in a 50 km/h zone Excell was thrown a significant distance, suffered major head trauma and passed away at the hospital Irwin then continue to drive home after the collision to Keswick, Ontario The next day Irwin surrendered to police The initial arrest charged Irwin in accordance with the Criminal Code: Criminal negligence causing death (sec. 220) Failing to remain (sec. 252) Violating bail conditions, which includes: Communicating with two friends who were in the car at the time Consuming alcohol After the court appearance on Friday, Excell’s family made a point to discuss dangerous driving in many of their statements to the media, and how the actions of these drivers can seriously damage the lives of the victim’s family members. It impacts you differently when you hear about it on the news, versus when it ends up being one of your own. Even though you hear about cyclists in the news quite frequently (unfortunately), when it is a family member, it becomes personal. The case resumes this morning and Mitchell is expected to be sentenced. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 24, 2017June 22, 2020