07

February

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Know Your Rights: Questions and Answers about Police Questioning

Q. What do I do if the police want to talk to me?

A. At no time is there any obligation to speak to the police unless you are operating a motor vehicle or have been accused of terrorism. Even upon arrest, you are under no obligation to submit to any type of police questioning – no matter how aggressive or demanding the police act. Continue reading

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03

January

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Admissibility of Social Media Evidence

Risky Tweets and Dangerous “Shares”: The Admissibility of Social Media Evidence

As social media sites continue to become increasingly pervasive in all aspects of everyday life, courts in Canada, the United States, and abroad have grappled with questions regarding how evidentiary rules should treat evidence gleaned from websites and applications such as Facebook and Twitter. Continue reading

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17

December

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Getting Convicted for Impaired Driving – Without Driving

When we think of impaired driving, we obviously picture someone who’s had a few too many drinks driving their car down a street or highway; that is, actually driving the car. However, as reported here, the recent conviction of a man in Quebec City makes it clear that while “driving” is in the name of the offence, you don’t have to be driving to be convicted. In this particular case, he was simply alone in the presence of a running vehicle while intoxicated. Though he told authorities had no intention of driving, his 11 prior impaired driving convictions certainly played a role when the Crown sentenced him. His case, while unique, is not entirely unprecedented – the Crown has convicted impaired people behind the wheel of running vehicles who aren’t driving because they were deemed to be in “care and control” of the vehicle. Continue reading

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08

September

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Why Young People Should Be Aware Of The Risks Of Internet Communication

Young people use the Internet as their primary tool of communication; they have their whole social lives on it.

They have phones connect to the Internet. They communicate via Facebook pages or MSN communications or Blackberry messaging services, and their whole lives are on display. What they don’t realize is that if they get involved in disruptive or even criminal behaviour, there’s now a record of it. I am now seeing trials and evidence led at trials that are all Internet related. We get Facebook pages and copies of chats, chat logs, and text message records. The records of young people talking after an incident can be used against them. Continue reading

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Consequences Of New Zero Tolerance For Alcoholic Drivers Under 20

Recent legislation dictates that drivers under 20 must have zero alcohol in their bodies.

I think generally new drivers will be pretty good at observing this new rule. They have been educated into the system. Those who will find it hard are those who have been driving a couple of years and allowed to have a little alcohol and suddenly are told they can’t have any. Continue reading

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Engel & Associates
In Affiliation with - Boro Group