Canadians could now be charged with drunk driving —Calvin Barry Warns in CBC News Article

With tough new impaired driving laws passed by parliament recently, criminal defense lawyers are accusing the legislation of being unconstitutional, with Calvin Barry calling it a breach of the charter.

Among the legislations supporters is Andy Murie of Mothers Against Drunk Driving (MADD), who insists the police still need probable cause to demand a sobriety test.  “Only if [police] suspect that you’ve committed an offence of drunk driving and they are following the investigation, and that investigation took them to your house or your bar”, he said.

Although Calvin is a strong supporter of MADD Canada, he said this time they have it wrong.

“Police do not require reasonable suspicion any longer,” Barry told CBC News.

Barry also warns Canadians they can be arrested and charged within the new two-hour time frame if their BAC has risen over the limit — even if they had been sober when they parked their car and planned to take a cab or transit home later.

“That is just a flagrant contravention of one’s civil liberties and a breach of the charter,” Barry said.

Read the full CBC article here.

False Confessions Hurt People and Promote False Truth

False confessions lead to about 15% of wrongful convictions and can hurt an involved individual for the long term. It is of the highest importance to identify and address false confessions to save people from years of misery behind bars. This is possible with the best criminal defence lawyer that you can find.

Why People Make False Confessions

People who are under emotional stress have a psychological tendency to provide false confessions. Sometimes they do it because they think that doing so can hasten things along or keep them out of worse situations. Sometimes people do it because they are not in the right state of mind such as when they are intoxicated, hurt, or think that they got no way out because they don’t understand the law. There are instances when false confessions were brought on by coercion or by those who think that their loved ones might be in danger if they don’t own up to something they didn’t do. In some cases, false confessions were brought on by those who think that they will somehow benefit from providing false truth.

The Reid Technique for False Confessions

Interrogators in Canada and the US use the Reid Technique to question suspects. Reid Techniques follows 3 phases - Facts Analysis, Behaviour Analysis Interview, and the 9-Step Interrogation process. This is designed to verify information as well as to observe the suspect’s behavior in view of facts presented. The goal is to gradually make the accused individual more comfortable with admitting the truth.

The Mr. Big Technique

The Mr. Big Technique is an elaborate technique used by undercover officers to get a confession from a cold case. This involves befriending the suspect, getting the suspect involved in petty criminal activity as part of a gang or organization, and then telling the suspect that they know about his past to get the suspect to confess believing that he/she will be protected by the gang or organization. This technique involves a lot of people and time and can lead to false confessions because some people will confess to anything to remain accepted by the gang or organization.

If you or someone you know made some false confessions and would like to set things right, Calvin Barry is your man! Calvin Barry Law has decades of experience as a criminal lawyer in Ontario. If you’re looking for the best criminal defence lawyer, contact Calvin Barry!

Definition of Consent in Canadian Courts

Consent is a crucial factor to establish whenever the court is dealing with a sexual assault case. The Crown often prosecutes cases of sexual assault with an added degree of extra thoroughness although it goes without saying that all criminal charges are treated as a serious matter.  For this reason, you need a sexual assault lawyer in Toronto who have handled similar cases successfully when you’re charged with sexual assault.

In Canada, the individual who initiated or pursued the sexual activity should make sure that the other individual is freely participating with consent or risk getting charged with sexual assault. But what is consent? How is consent defined in Canada?

What Is Consent?

Canada’s Criminal Code defines consent as the voluntary agreement to engage in sexual activity under 273.1(1) subsection. If the complainant did not explicitly agree to engage in sexual activity with the accused, then there is no consent.

What Is Non-Consent?

Non-consent under the Criminal Code’s Section 266 is defined as the complainant not resisting or submits to the act because of the following applied to the complainant or another person:

• ·        Application of force
• ·        Threats
• ·        Fear of the application of force
• ·        fraud
• ·        exercise of authority

Subsection 273.1(2) clarifies that no consent is applicable in the following situations as well:

• ·        When consent was given by anyone else besides the complainant
• ·        When the complainant is not capable of giving consent (intoxicated or unconscious)
• ·        When the complainant was induced to participate because of accused’s abuse of authority or position of trust
• ·        When the complainant expresses not wanting to engage in sexual activity either by behavior or words
• ·        When the complainant expressed not wanting to continue with the sexual activity despite earlier consent given

Consent cannot also be given if the accused mistakenly believed consent was given due to intoxication, not making sure consent was given, or choosing to ignore words or signals that would signify consent wasn’t given.

Note that the age of consent in Canada is 16 years with exceptions given to 14 to 15 years old as well as 12 to 13 years old if the partner can meet several criteria. This is best discussed with a sexual assault lawyer for clarity.

Contact Calvin Barry Law if you or someone you know has been charged with sexual assault. Calvin Barry has decades of expertise as a criminal defence attorney and can help you defend your assault case successfully.

Calvin Barry Representing Victoria and Jason Small in Emotional Animal Abuse Case

Calvin Barry was recently hired to respresent Victoria and Jason Small, who have been accused of animal cruelty and abuse causing death. This case made national headlines last spring when 28 dead or abused horses were discovered on a rented farm in Stouffville, Ontario.

Calvin Barry was in court recently, where his clients did not appear.

“The Smalls are not required to appear for these hearings and it’s not unusual for accused to steer clear of what could be considered a “hostile” environment”, Barry said.

“Anytime there are cases with heated debate, with political issues and victims, emotions can be stirring outside the courtroom or parking lot.”

The Smalls have a right to due process and are presumed innocent until proven guilty, he added.

Read the full article here.

Calvin Discusses the Rohinie Bisesar Case with Alex Pierson on AM640

Calvin was interviewed on November 2nd by Alex Pierson to discuss Rohinie Bisesar. The Crown and Defence agreed that she was not criminally responsible for her actions in the Shoppers' Drug Mart stabbing in 2015.

Flashback: Calvin Barry Featured on Good Morning America Discussing Rohinie Bisesar Case

With Rohinie Bisesar being found not criminally responsible last week for the deadly Shoppers' Drug Mart stabbing, we take a look back to December of 2015 with Calvin Discussing her case on Good Morning America.

Throwback Thursday: Calvin Barry Represents Caulking Gun Implants Woman

Marilyn Reid became infamous in 2015 when she injected industrial silicone oil into the buttocks of women with a caulking gun . With a call for a 10 to 12 year sentence, her defense lawyer Calvin Barry had a unique and difficult task ahead of him. 

Here are some articles detailing this case and the events that followed:

• Woman who gave butt injections with caulking gun 'remorseful,' lawyer says
• Woman who injected silicone ‘preyed’ on victims for profit, Crown says

Do you need a defence lawyer who can present your reasons in a positive light to avoid a charge and a conviction? Calvin Barry is a Toronto criminal lawyer who can help. Contact Calvin Barry today!