Impaired Driving Penalties in Canada

After the legalization of marijuana in Canada, amendments were made to the Criminal Code to reflect the changing nature of impaired driving offences. While the amendments included both minor and significant changes to impaired driving laws, one area of significant change was the sentencing regime and impaired driving penalties. The […]

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Rule in Kienapple

The rule in Kienapple prevents multiple convictions for the same criminal act. It is based on the legal maxim “nemo bis vexari as well as nemo bis puniri”, which means “no-one shall be tried or punished twice in regards to the same event.” In instances where an accused is convicted […]

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Conditional and Absolute Discharges in Canadian Criminal Law

When a person is convicted at trial or enters a guilty plea, he or she will receive one of the following sentences: discharge – absolute or conditional suspended sentence fine alone fine and probation conditional sentence order prison prison and probation intermittent sentence intermittent sentence and probation The sentence an […]

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Winnipeg Mental Health Court

The Winnipeg Mental Health Court is one of three problem solving courts in Manitoba, which include the Winnipeg Drug Treatment Court and the Thompson Domestic Violence Court. The idea is similar to that of the Winnipeg Drug Treatment Court, except with the focus on mental health instead of addictions, though […]

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Drug Treatment Court Success Story: The Graduation of JJ

All to often the Manitoba criminal law courts are filled with stories of tragedy. It’s the nature of the criminal justice system. A system that involves victims and offenders. Every once in a while, those privileged to participate in the justice system are blessed with different kinds of stories. Stories […]

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How do I withdraw a guilty plea?

Sometimes in our law courts, accused individuals enter guilty pleas then later wish to have the guilty plea withdrawn. A guilty plea is a formal admission of guilt. When an accused enters a guilty plea they are waiving their right to require the Crown to prove the offence beyond a […]

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What is Drug Trafficking under Canadian Law?

You may be familiar with the idea of drug trafficking from popular television shows like The Wire and Breaking Bad, but what does Canadian law consider drug trafficking? Drug trafficking is not only the sale of drugs for a profit, but any kind of sharing. Section 2(1) of The Controlled […]

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The Cost of an Impaired Driving Conviction

All impaired driving offences in Canada have mandatory minimum sentences. The minimum sentence will depend on the nature of the offence, and the offender’s prior record for impaired driving offences. For a first offence, the fine varies depending on blood alcohol concentration. For a first time offender with a blood […]

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