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!