It’s very difficult to do, and is almost always proven through circumstantial evidence, as opposed to direct evidence. Direct evidence is evidence which, if believed, proves the fact in question 100%. For example, if the officer says “Yes, I racially profiled the...
This article is the first in a series of articles expected out in the next few months from David Anber’s Law Office. For years we called them “section 253 offences.” Prior to 2008 it was s.253(a) (impaired driving) and 253(b) (driving over 80mg). Then in 2008, the...
Recently, the York Regional Police Force started publishing online the names of people charged with impaired driving. The intention is obvious: to shame people accused of driving drunk in the hopes that it will deter others. But the people charged are, in the eyes of...
A question which I often get asked is whether or not driving with a suspended licence is a criminal offence. Before I can answer this, it is important to understand the difference between a suspension, a prohibition and a disqualification. Often when a person uses...
Lately, I have been frequently asked by clients if they can see the video footage from the dash-mounted cameras (aka dash-cams or dashboard cameras) in police cars. Many of my clients are surprised to learn that in the vast majority of cases I see, there is no...
Since October 2017, the “#MeToo movement” has been in the news. For those of you who aren’t entirely clear what this movement is, it is an international movement against sexual harassment and assault which is spreading virally as a hashtag used on...
