In Ontario, several factors can lead to more severe impaired driving charges, including:
If any of these factors are in play when police stop someone for drunk driving, they could trigger additional or escalated charges, meaning harsher penalties.
The penalties for a serious DUI charge in Canada can include:
Beyond the legal penalties, a conviction can impact job prospects, relationships and freedom to travel. These repercussions are even harsher when there are aggravating factors in play.
Thankfully, the legal system gives everyone the right to defend themselves against criminal charges. In the context of a serious DUI, possible challenges could involve arguing against the validity of the evidence or the legality of the procedure followed.
With an effective defence, people can have the charges reduced or dropped, lessening the potential penalties.
An impaired driving charge need not be the end of the road. With legal support, individuals facing these charges can find a path to redemption and recovery. Anyone grappling with the consequences of a DUI must remember that hope and help are within reach.
]]>If you’ve followed the story of Brittney Griner – the American WNBA star who has been sentenced to nine years in Russian prison for carrying cannabis oil – you might be worried about the consequences of traveling internationally and accidentally breaking the laws of that country. However, when it comes to extradition, it’s important to understand that Canadian law requires the establishment of double criminality in order to extradite.
This means that the crime in question must be a crime in the foreign country as well as in Canada. For example, Saudi Arabia criminalizes homosexuality. But because homosexuality is not a crime in Canada, the Canadian government would not extradite for this offense.
For crimes that are eligible for extradition, there are two types of extradition orders – each of which has an appeals process:
This is an order from a foreign country asking for the accused to be detained in Canada prior to extradition. This type of order is granted in instances where the judge determines that the accused is at risk of committing crimes in Canada, or they are a flight risk – i.e., likely to flee the country if they are not detained.
If you receive a committal order, there is an option to appeal the decision. Your defence lawyer can work to demonstrate that you are not a risk.
This is an order to deport the accused to another country for prosecution. In determining whether to issue a surrender order, the Minister of Justice considers a variety of factors, including:
If a criminal defence lawyer can demonstrate to the Minister of Justice that the accused would face such unjust or oppressive conditions if extradited, then an appeal may be successful.
The recent case of Sheck v. Canada (Minister of Justice) exemplifies the successful appeal of a surrender order to the United States. Glenn Sheck is an Indigenous Canadian who was accused of money laundering crimes in the United States. His legal team convinced the court to reverse his extradition order, citing two key arguments:
Successfully appealing extradition orders is challenging, but it can be done. It’s important to seek out the help of a defence lawyer who is dedicated to this niche area of the law.
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