Recent stories on Esquire.com and in The Globe and Mail told the tale of Ronald Stan who, in 1977, burned down a barn in Middlesex County, then fled the country, assumed a new identity, and lived in rural Oklahoma for the next 37 years. Though presumed and officially declared dead, he was recently located by Middlesex Ontario Provincial Police during a routine audit of old cases. The police notified American authorities as well as the barn owners, but no charges will be filed or any further action taken against the man now known as “Jeff Walton.” “There is no basis for charges under the Criminal Code of Canada, so we won’t be laying any charges in this matter,” said Middlesex OPP Const. Laurie Houghton. Continue reading →

If you’ve been arrested and taken into custody, your mind is probably swimming in a sea of confusion, worry, and fear. With thoughts about the practical implications of your situation – how to get out of jail, how will this affect my career, family, and future – likely being foremost in your mind, clear thinking about your legal rights, what they are, how to exercise them, and how to make sure they are not violated may be a tall order. Continue reading →

It is one of the fundamental rights of all Canadians as set forth in Section 11(a) of the Charter of Rights and Freedoms:any person charged with a criminal offence has the right to be informed without unreasonable delay of the specific offence they are charged with. If you have been arrested and are being charged with a crime, you and your criminal defence lawyer need to have a full understanding of what you are being accused of and what law you allegedly broke.As the Supreme Court of Canada held in R v Côté, the accused is entitled “to be reasonably informed of the transaction alleged against him, thus giving him the possibility of a full defence and fair trial.” Continue reading →

In June, the Supreme Court of the United States issued a unanimous decision in which it held that the U.S. Constitution’s protection against “unreasonable search and seizure” meant that police cannot search the contents of cell phones and smart phones of people under arrest without first obtaining a search warrant.

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