Calvin Barry Proudly Supports the Elpida Autism Foundation

Calvin Barry was proud to support the Elpida Autism Foundation last friday with almost $9,000 in donations.

Elpida Autism Foundation (Elpida Gala) is a not-for-profit charitable organization that was established in 2014. To date it has raised over $550,000 to benefit those impacted by autism.

Their goal as a foundation is to continue to increase autism awareness and acceptance, provide monetary support for research and development, and to provide much needed support for programs that help young people living on the spectrum an opportunity to discover what they do best in order to live a fulfilled life.

Elpida’s ultimate goal is a short term respite care facility and long term sustainable housing establishment.

To learn more or to donate to this worthy cause, please visit: https://www.elpidaautism.com/

Calvin Barry Was Proud To Support Victim Services Toronto at the Chief’s Gala

Calvin Barry was proud to pledge $9,000 in donations at the Chief of Police’s Gala at the Beanfield Centre on Thursday, November 14th.

The Chief’s Gala is a yearly event hosted by Chief Mark Saunders in support of Victim Services Toronto. It is a celebration that highlights a highly valued volunteer organization that is respected and essential not only to victims, but also to police officers at the scene of crimes and sudden tragedies.

The Chief’s Gala is a high profile event that takes place yearly in the month of November. Over 1,300 guests attend including police chefs and senior police leaders from across the province, members from all levels of government, and members from the business community. Since 2008, over $2.7 million has been raised at the Chief’s Gala.

Victim Services Toronto provides immediate on-site crisis, trauma, safety and support services to victims of crime and sudden tragedy. This agency works closely, and in partnership with, the Toronto Police and depends on community support and donations in order to provide essential victim assistance programs to the City of Toronto.

To learn more or to donate, please visit: http://www.chiefsgala.com/ or http://victimservicestoronto.com/

Calvin Barry Was Proud to Support a Great Cause in Right to Play

On Tuesday, October 17th, Calvin joined an outstanding group of heroes to help create a better world for children and youth living in some of the most difficult and dangerous places on earth.

The Heroes Gala raised over $2.6M in critical funds to help children rise above adversity using the power of play.

Right To Play is a global organization that attempts to teach children in need with educational games. It was founded in 2000 by Olympic gold medallist Johann Olav Koss. Right To Play’s programs are facilitated by more than 14,900 local volunteer coaches and more than 620 international staff.

Working in both the humanitarian and development context, Right To Play builds local capacity by training community leaders as coaches to deliver its programs in 18 countries affected by war, poverty, and disease in Africa, Asia, the Middle East, and North America. Right To Play is headquartered in Toronto, Canada and has national offices in Canada, Germany, Norway, the Netherlands, Switzerland, the United Kingdom and the United States. The national offices raise funds, build awareness for Right To Play programs and advocate for play based learning.

To dontate to Right to Play, please visit: https://righttoplay.ca/

Calvin Barry Fundraiser for the Thunder Bay Regional Health Sciences Centre a Huge Success

At Calvin Barry Professional Corporation Criminal Lawyers, we’re very proud of the work that Calvin and his wife Sophie have done towards raising money for the Thunder Bay RHSC over the years.

This years fundraiser, which took place July 5th at the Courthouse Hotel raised a total of $8,035, which will go towards purchasing much needed specialized urology equipment needed in the operating room. Calvin and Sophie were generous enough to cover all the expenses for the event, so the full amount raised can go directly to purchasing the equipment. It was a night of fun, laughter, live music, food and drinks, with special guest Dr. Hazem Elmansy.

For more information on the Thunder Bay RHSC and for information on how to donate, please visit: http://tbrhsc.net/

For more information on the needs for better urology equipment in Northern Ontario, visit: https://www.healthsciencesfoundation.ca/july-3-2019-1

Choose a DUI Lawyer Wisely to Find Your Best Ally

A DUI charge is a serious offence with equally serious consequences. It is best to make sure that you find the right legal representation for you to safeguard your chances of keeping your life intact after a DUI charge. But with everything else going on, how do you choose a DUI lawyer wisely?

The right DUI lawyer for you is not just your legal representative. Your DUI attorney is your ally who will advocate for your rights and help you get your life back. Below are some qualities that you should look into before hiring a DUI attorney.

Great Communication Skills

Your lawyer should be able to explain how the law works to you without you having to search for the meaning of certain words. If your lawyer can explain the law to you, then he or she can also present facts in court in an eloquent and understandable manner.

Extensive Knowledge of the Laws and Regulations Concerning DUI Charges

As your legal representative, your drinking and driving lawyer should be someone who knows the ins and outs of handling cases like yours. You need someone who is updated with the latest developments in the law so that your attorney can devise the right defence for your DUI charge.

Good Reputation

The last thing you need is a lawyer who does not have a good track record. By going for someone with a positive reputation, you can have better assurance that your case will be handled properly.

Excellent Rapport

Your lawyer should be able to make you feel at ease. He or she should gain your trust and must be able to relate well with you as well as other people.

Remember that the outcome of your DUI charge can drastically alter your life. It is in your best interest to hire a DUI lawyer that has a solid reputation and is someone that will be your best ally to win your case. Contact Calvin Barry if you need a DUI lawyer in Toronto!

Protect Yourself From Mortgage Fraud and Real Estate Fraud

Mortgage fraud and real estate fraud are on the rise; and the frauds associated with them may take many different forms. As unsavoury as it is to think that these types of fraud happen around us, it is really of little wonder because fraudsters are opportunists and as such, they go for the biggest cons they can accomplish. Examples of the biggest heists in fraud are real estate fraud and mortgage fraud.
It is important to remember that the fraudsters behind mortgage fraud and real estate fraud are con artists who know how to use modern technology to their pull off their fraudulent schemes. They are able to do this because they know how the real estate process works and are able to spot loopholes that they can use against their victims.

Real Estate Title Fraud

Real estate title fraud is often made to look like a legitimate real estate deal by the fraudsters claiming that they now own the  target property because it was sold or gifted to them by the owner. The usual target here are seniors because it is more believable for a senior homeowner to sell or give their home away, aside from the fact that they usually have the largest assets which makes them attractive targets for fraudsters.
The thief obtains the land title of the victim’s home using a fake transfer document. The details in the document are usually compiled from information that were carelessly shared online (like posting photos of official documents on social media) or from a compiled database full of identity-theft data from target victims.

Mortgage Fraud

The title is then used to get a mortgage that the fraudster will never pay. The hapless homeowner is usually informed only when the home is near foreclosure. Imagine losing your home without knowing anything about an unpaid mortgage!
The average real estate fraud costs around $300,000. Nearly none of the fraudsters involved in schemes like this are ever caught and the homeowners are the ones who are left to cope with the aftermath.

How to Prevent Mortgage Fraud and Real Estate Fraud

People who have access to your personal information may use what they know about you to target you for fraud. The first step towards protecting yourself from being a target for fraud is to restrict what personal information you share publicly and limit who can access your information in the real world.
The above means doing all that you can to prevent identity theft and not being too trusting of neighbours, friends, caretakers, or even distant relatives. Your mail, bank statements, deeds and titles, insurance information, and all financial details must be kept where only you or a person you trust can access. This also means not giving away sensitive information over the phone (some fraudsters will pretend to be from the bank), not writing down your credit card details where unauthorized people may see them, and destroying mail before throwing it in the trash; basically following all the sensible steps to avoid fraud.
If you need a private investigator to check your vulnerability to identity theft, mortgage fraud, and real estate fraud, our private investigation services can assess your risk factors and help you address them. Contact Haywood Hunt today!

Take Note of Your Basic Rights When Arrested

Being arrested is not only a physically stressful experience but has a huge emotional and psychological impact too. Imagine losing your freedom, facing the unknown, and being away from your loved ones in a matter of seconds. It is of utmost importance to know your rights when arrested so that you can remain calm and properly address your situation by getting legal counsel as soon as possible.

Know Your Rights

When detained, the Canadian Charter of Rights guarantees that everyone has the following rights.

• To be informed regarding the reason behind your detention or arrest.
• To be informed of your right to have access to legal counsel and to contact your lawyer immediately and told that in the event you don’t have a lawyer, you have a right to obtain free legal advice from a Duty Counsel before you make a decision on providing a statement to the police.
• To be informed that you have the right to remain silent because anything you say can be taken against you by law and in court.
• To be provided a reasonable opportunity to communicate with your lawyer in private or talk to a Duty Counsel in private.

What to Do in Case of Arrest

Avoid additional charges and problems by cooperating with the arresting officer and not resisting arrest. Make sure that you identify yourself truthfully or remain silent instead of lying. Ask to speak to a lawyer as soon as possible and know that you cannot be detained without due reason (which can be sorted out by your lawyer). Understand that the police have a legal obligation to help you contact your lawyer or get you one if reasonable attempts have been made and your chosen lawyer cannot be reached. If you’re under 18 years of age, your guardians will be contacted along with your defence lawyer.

Contact a Lawyer

Were you or someone you know arrested and you’re looking for a defence lawyer? Contact Calvin Barry for immediate response. Calvin Barry have been a Canadian defence attorney for decades. His expertise in law is one of the best in the field. Talk to Calvin Barry today!

How to Face a DUI or an Impaired Driving Charge in Ontario

If you’ve been arrested or charged for a DUI or Impaired Driving Charge in Ontario, there are some things that you should know prior to calling your DUI lawyer. Your Impaired Driving lawyer will do what he or she can to defend you, but you also have to provide the right information for your defence.

Understanding Impaired Driving

In Ontario, Impaired Driving is defined as the act of operating a motor vehicle while an individual is intoxicated with either drugs or alcohol.

The term “motor vehicle” includes the following:

• Cars
• Motor boats
• Off-road vehicles
• Seadoos
• Snowmobiles
• Trucks

What is Over 80?

A charge of Over 80 means that an individual was found by law officers to be operating a motor vehicle while having a blood alcohol level of 80 mg per 100 ml of blood. In Ontario, this blood alcohol level is considered impaired by local standards and is also against the law.

Note that a driver may feel perfectly fine and not drunk at all yet still register a blood alcohol level that is over the legal limit.

When Can the Police Ask You to Breathe into a Breathalyzer?

When you’ve been pulled over by the police,  the police is within their authority to ask you to breathe into a breathalyzer when there is due reason to suspect that you’re drunk, such as when you smell like alcohol or if there are liquor bottles inside your vehicle. Other valid reasons include telling the officer you’ve had a few drinks or if the police witnessed you driving erratically.

Know that pretending to breathe into a breathalyzer or refusing to breathe into a breathalyzer is punishable by the law.

What Are the Consequences for Impaired Driving in Ontario?

The consequences of impaired driving vary based on several factors. Factors include your blood alcohol level and whether or not you have a previous record for drinking and driving. Your DUI lawyer will explain this to you because consequences may or may not include jail time, losing privileges to drive, fines, and more.

A DUI charge is a serious offence. You need a seasoned DUI lawyer to make sure that your case is properly defended. If you’re in jail and can’t meet with a DUI lawyer, you may ask the police to contact one for you. Know that you can mention a DUI lawyer like Calvin Barry and the police are bound by duty to contact your drinking and driving lawyer for you.

What You Need to Know About Distracted Driving in Ontario

Ontario passed new laws about distracted driving in January 2019 to provide better protection for both drivers and pedestrians. The new laws carry expensive fines and severe punishment for those caught for distracted driving in Ontario.

What is Distracted Driving?

According to the new law, distracted driving is more than just prohibiting cell phone use and texting while behind the wheel. New rules define distracted driving in Ontario as the use of any electronic device while driving and also includes drinking and eating while driving. Prohibited electronic devices include GPS units, pagers and cell phones. By this definition, checking your messages and trying to drink your morning coffee while driving to work in the morning now counts as distracted driving.

Types of Distracted Driving

Traditionally, there are 4 categories of distractions that cause distracted driving. These are visual, manual, cognitive, and auditory.

• Auditory distracted driving is when you drive with impaired hearing (either due to headphones or blasting loud music), preventing you from hearing sirens, warning sounds, and the like.
• Cognitive distracted driving is when your brain is multi-tasking and too overwhelmed to efficiently concentrate on the road. Examples are carrying with a phone call, eating while driving, and the like.
• Manual distracted driving is when something causes you to take your hands off the wheel such as drinking, putting on makeup, trying to eat, responding to text, etc while driving.
• Visual distracted driving is when the driver is prevented from fully looking at the road or checking the side and rear mirror by any other stimuli such as looking at the phone or the GPS.

Penalties for Distracted Driving

The penalties for distracted driving include fines, license suspension, and marring your driving record. Although the fines and punishments are not immediately enforceable right after you’ve been pulled over, it is still best to avoid being caught by adhering to the new laws or you’ll have to defend yourself with the help of a seasoned defence lawyer.

If you’ve been charged for distracted driving, be sure to contact Calvin Barry as soon as possible. With a long career as a DUI lawyer in Ontario who also handles traffic-related cases, you can count on having a good distracted driving defence with Calvin Barry.

Can You Lawfully Film the Police?

The invention of smartphones and portable video recording devices have changed our lives. More than ever, information can now be easily shared online, either recorded on devices or streamed using devices. This has been proven helpful in recent cases where police acted overly harsh or when they were unexpectedly brutal. The question is, is it legal to film the police when they are making an arrest or performing their duty?

To Film or Not to Film

There have been cases when police threaten to seize the phones of people filming them such as in the case of the Toronto police who tasered a man near Ryerson University. In that case, a letter carrier was walking with his wife and saw the police arresting a man. He promptly started recording when he saw a police officer kicking the man while the man was being restrained. The police then told the letter carrier that they will seize his phone as evidence. Note that the police cannot lawfully do that as videotaping without interfering is not prohibited by any law. The person videotaping the incident did nothing wrong.

In fact, videotaping the police in the performance of their duty can be a huge help in documenting the circumstances of an arrest or a pursuit. Some police have started wearing body cameras for their own protection too so that suspects cannot claim events that did not transpire.

The Real Deal

To be clear, you may videotape a police interaction provided that you do not interfere with the police while they are performing their duty. It is best to keep a safe distance away and to comply with officers’ reasonable requests.

If you got in trouble for videotaping police officers, then be sure  contact a defence lawyer as soon as possible. Save any recordings and have a criminal defence lawyer like Calvin Barry look into your case to build your best defence. Calvin Barry Law can help, but you need to act fast and act smart too.

Calvin Barry is Proud to Support Cops for Cancer

Calvin Barry is proud to support Andrew Stewart in his fundraiser drive for Cops for Cancer. Proceeds from this fundraiser will support cancer research, programs, advocacy and other areas where it’s needed most.

Cops for Cancer was created from the idea of one man and has grown into an inspirational force engaging police officers and other emergency services and their communities in the fight against cancer.

Police and emergency services personnel continue to help drive the Cops for Cancer program by organizing events throughout the province. The events range from head shaves to participating in bike rides such as Pedal for Hope to organizing various school-based fundraising activities.

To support Andrew’s goal of $19,000, please visit his donation page here. Whether you donate $25 or $2,500, every amount helps: http://convio.cancer.ca/site/TR?px=8477001&fr_id=23890&pg=personal 

Here’s What to Do If You’ve Been Charged with Drug Possession

It is no doubt scary to be charged with drug possession. Like the thousands of people who find themselves charged with drug possession offence, you may be confused, unsure what to do, or worried about your future. A drug possession charge is tricky because even carrying minute amounts for personal use is tantamount to a charge, same as carrying small amounts of certain drugs can be considered contrary to the Controlled Drugs and Substances Act if you cannot provide proof of prescription or proof that you bought from a licensed producer.

Understanding Drug Possession

Drug possession is charged under the CDSA or the controlled Drugs Substances Act and not under the Criminal Code of Canada. As a CDSA offence, drug possession is prosecuted not by the Provincial Crown but by the Federal Crown. It is defined as:

• A person has the drug in his possession
• A person knowingly has the drug in the custody or possession of another person
• A person has the drug in a place that may or may not be occupied or owned by him
• Drug is found in the custody of several people who are aware of the presence of such drug

Drug possession can then fall under personal possession, constructive possession, and joint possession.

Punishment for Drug Possession

The punishment for a charge of drug possession varies based on the quantity and type of drug involved. First offence may mean a fine of a thousand dollars and 6 months imprisonment for summary conviction. The fines and prison stay get worse for subsequent offences. If the Crown chooses to go for indictment, it can mean incarceration of up to 7 years. Your defence lawyer can further explain what penalties you might face based on the details of your charge.

Know that every detail counts if you’ve been charged with drug possession. To protect your rights and make sure that you get the best defence, be sure to contact Calvin Barry if you’re looking for a drug possession lawyer to fight for you. Calvin Barry Law’s solid track record will give you the edge you need to get your life back on track and avoid mistakes that can cost you your freedom or your future.

Can You Get a Pardon for an Impaired Charge?

There is no doubt that a charge of impaired driving is a serious offence with equally profound consequences; however, since impaired driving offences are also the most common types of offences charged under the Criminal Code, those who’ve had a conviction can apply for a possible record suspension or a pardon.

What is a Pardon or a Record Suspension?

Getting a record suspension or a pardon for driving under the influence does not mean that the conviction is erased from all records, it only means that the conviction record is set aside to be accessible only under certain situations or circumstances.

Living with a Criminal Record

Having a criminal conviction for driving under the influence or impaired driving means a person was caught red-handed operating a vehicle with more than 80 mgs of alcohol per 100 ml of blood. In most cases, nobody is hurt and yet the convicted individual face life-long consequences having difficulty obtaining property, getting employed, or even traveling. To have a fruitful life after conviction, a record suspension or a pardon is definitely something worth looking over.

Getting a Record Suspension

Qualifying for a record suspension in Canada for a criminal driving offence means you must meet 3 conditions, namely:

• You have completed your sentence including restitution, compensation, surcharges, and fines.
• You must complete the full waiting period required after completing your sentence which is 10 years for a conviction of an indictable offence and 5 years for conviction of a summary offence.
• You must have no new convictions and must be on good behavior.

Once you meet all the above, you may proceed with your application with the help of a criminal lawyer. Although there are cases wherein you can do this on your own, consulting a lawyer will minimise errors and generally result in a favourable outcome because a lawyer will review your eligibility and help you compile needed documents.

If you or someone you know wants to apply for a pardon for an impaired charge, contact Calvin Barry for consultation. If you’re facing an impaired driving charge, Calvin Barry is the lawyer of choice in Toronto!

What You Have to Know About Public Mischief in Canada

It isn’t uncommon to hear about people who make false accusations, file false cases, or lie to the police during investigations. People do this as a defence mechanism, as a way to divert attention, protect someone they care about, or even because they think they’re doing the right thing. However, just because a lot of people does something does not make it right. Public mischief is still public mischief, and guilty parties can face huge fines and jail time.

Like any criminal charge, a charge of public mischief should be dealt with swiftly and strategically. You need an experienced criminal defence attorney on your side to handle your. Know that your best defence starts with prompt action and faithfully cooperating with your defence lawyer.

Definition of Public Mischief in Canada

The Criminal Code of Canada says in Section 140 that public mischief is an act to mislead or deceive a peace officer. It can be any of the following:

• Committing any action to cause another person to be suspected of committing an offence, including diverting suspicion from one’s self. 
• Making false statements to accuse someone of committing an offence.
• Making a false report of an offence that was not committed such as claiming someone committed domestic violence or sexual assault. 
• Reporting a false death or claiming someone who is dead is alive.
• Staging a crime scene including faking a death or kidnapping.

Note that a charge of public mischief is often made with other charges depending on which of the above acts the accused committed

Punishment for a Public Mischief Charge

There are many reasons why people give false or inaccurate information. Some may believe that what they are doing is the right thing or that they could have been fed wrong information. It could be a difference in perception or can be a way to get back to another person as a form of revenge. No matter the reason, a charge of public mischief can have very serious consequences as well as huge fines.

Charged with public mischief? You need to act fast! Talk to Calvin Barry as soon as possible to discuss your options and build your defence for your public mischief charge. Contact Calvin Barry Law today!

An Overview of the Degrees of Murder

Murder is murder no matter how you look at it, but the differences in the degrees of murder can mean a huge difference in the punishment for someone convicted of a specific crime. Murder is a crime under the Criminal Code of Canada and have to be defended by a criminal defence attorney. Below are the degrees of murder.  

Homicide

Homicide can be either be non-culpable or culpable. Non-culpable homicide is not an offence and is the case for self-defence by both civilians and uniformed personnel. Culpable homicide is considered an offence and further sub-classified into infanticide, manslaughter, and murder. It is when someone is responsible for causing death to another by fear, harm, negligence, or violence.

Murder

A homicide is a murder when a person willfully causes the death of another individual or causes bodily harm that will result to death.

First-Degree Murder

Generally, it a First-Degree Murder when the bodily harm or event was deliberate or planned. If the murder occurs in the commission of assault with a weapon, sexual assault, kidnapping, hostage taking, hijacking, or committing terrorist activity, then it is considered as First-Degree Murder too.

Second-Degree Murder

Cases that are not First-Degree Murder but was done with intent to harm another knowing it may result to death is called Second-Degree Murder.

Murder Reduced to Manslaughter

Murder that was committed in the heat of the moment or due to an emotional outburst (such as in the case of sudden provocation) is classified under manslaughter. Provocation is defined herein as a sudden action conducted by the victim to incite the accused to commit an indictable offence. The ‘sudden provocation’ is a huge factor in reducing a murder to manslaughter.

Infanticide

A female who is not fully recovered from childbirth and caused the death of the child is charged with infanticide.

Manslaughter

A culpable homicide that is not murder nor murder is classified as a manslaughter and has a wide range of sentencing/punishment. A murder may be reduced to manslaughter if the defence attorney is seasoned enough to identify technicalities that can support this.

No matter what the degree, murder is a serious offence that is punishable by up to a lifetime in prison. If you or someone you know has been charged with murder, the best thing to do is contact a criminal defence attorney as soon as possible. Calvin Barry can help. Contact Calvin Barry Law today!