Open

Police Can Legally Search Garbage Without a...

The Supreme Court of Canada made headlines earlier this year when they released their decision in R. v. Patrick (“Patrick”) which confirmed, for the first time ever, that the police can legally search a suspect’s garbage without a warrant. Section 8 of the Charter guarantees that every Canadian is free from unreasonable search or seizure. This means that a government agency cannot search an individual’s personal property unless that search is “reasonable”. In most circumstances, before the police search an individual’s property (their home, car, office, or person) they will obtain a warrant. A warrant is like a permission slip that authorizes the search of a place or thing. Without a warrant, it is generally against Canadian law for the police to search any individual’s person (unless incidental to arrest) or property. However, in Patrick, the Supreme Court of Canada (“SCC”) ruled that the police may legally search an individual’s…

14 Aug 2009

Immigration Repercussions of a Criminal...

13 Aug 2009

As criminal defence lawyers practicing in a multicultural city like Toronto, we are often asked what effect a criminal conviction may have on a client’s immigration status. If you are…

Great Result on Serious Sexual Assault...

6 Aug 2009

Kostman & Pyzer, Barristers, Toronto lawyer Jonathan Pyzer made news recently at the sentencing hearing of a young Toronto man convicted of violently sexually assaulting a woman he met in…

Having Photographs and Fingerprints Destroyed

5 Aug 2009

When an individual is arrested, the police will take photographs of the accused and obtain copies of his or her fingerprints to keep on file. In many situations, individuals are…

PARDONS

21 Jul 2009

There are a variety of reasons an individual with a criminal record may wish to obtain a pardon. A pardon works to seal your criminal record so that it does…

Criminal Records Checks

20 Jul 2009

A recent decision by the Ontario Court of Appeal, Tadros v. Peel (Police Service), 2009 ONCA 442 [“Tadros”] makes it clear that when an individual consents to a criminal history…

Domestic Assaults and PARS

14 Jul 2009

The PARS Program — which stands for Partner Assault Response Services — is an important component of Ontario’s Domestic Violence prosecution strategy. It consists of a specialized counseling and educational…