by Daniel Brown | Apr 4, 2026 | Procedural & Charter Rights
Earlier this week, t
he Supreme Court of Canada released their ruling in R. v. Pham 2013 SCC 15 which answers the question, “What weight should be given to collateral immigration consequences in sentencing?”
Mr. Pham was not a Canadian citizen. He was convicted at trial of producing marihuana and possessing it for the purpose of trafficking. The trial judge imposed a sentence of two years imprisonment after a receiving a joint recommendation on sentence from Pham’s lawyer and the crown prosecutor. (more…)
by Daniel Brown | Aug 16, 2017 | Procedural & Charter Rights
Under section 10(b) of the Canadian Charter of Rights and Freedoms, everyone who has been arrested by the police on a criminal charge has the “right to retain and instruct counsel without delay and to be informed of that right”. Police have to tell you that you can speak to a lawyer – but do they have any other obligations? Do they have to help you contact a lawyer? Do they have to help you contact your lawyer? The answer is: yes. (more…)
by Daniel Brown | Mar 12, 2017 | Procedural & Charter Rights
The ruling of R. v. Zargar, 2014 ONSC 1415 affirms that police cannot generally enter a person’s home without permission except under very limited circumstances. The case also establishes that a person can use a reasonable amount of physical force to remove a police officer who is trespassing on their private property.
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by Daniel Brown | Nov 18, 2013 | Procedural & Charter Rights
Earlier today, Justice Ian Nordheimer released his ruling dismissing the application by Mohammad Khattak to access to the Rob Ford ‘crack video’.
The Application was brought on behalf of Mohammad Khattak, one of three men pictured with Mayor Rob Ford outside a suspected drug house for the purpose of dispelling the perception there’s a connection between Khattak and the video of the mayor smoking crack cocaine. (more…)
by Daniel Brown | Jan 11, 2013 | Procedural & Charter Rights
The police will often act covertly in an undercover capacity in order to investigate criminal activity. Rarely, the police will go too far in their undercover investigations and actually induce an otherwise law-abiding person into committing a crime such as trafficking drugs or soliciting a prostitute. The criminal justice system protects against situations like this by dismissing cases where such behaviour has occurred on the basis that such police conduct constitutes an abuse of the court’s process. Entrapment arguments arise most frequently in drug cases, where undercover officers offer suspects an opportunity to buy or sell controlled substances. (more…)
by Daniel Brown | Nov 28, 2012 | Procedural & Charter Rights
It is often understood that a criminal conviction may significantly impact a person’s future employment and travel opportunities. However, most people facing criminal charges are unaware how a conviction may impact their ability to bring or defend a civil lawsuit arising from the same incident that gave rise to the criminal charges.
Daniel Brown works closely with a select group of experienced personal injury lawyers to ensure that his clients interests are protected in both criminal and civil court. (more…)
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