Cases of Domestic Violence Increase During Pandemic Response as People Stay Home

COVID-19 has been shutting down businesses and entire cities, making people stay home in an effort to keep safe and halt the spread of the virus. However, as millions of Canadians stay home to help flatten the group, it is becoming more apparent that the home is not a safe place for a vulnerable group of individuals. People who are in an abusive home or abusive relationships have no choice but be confined at home with their abusers.

More Opportunities for Abuse

The CTV National News shared a story about a woman who told them that her home life has grown increasingly violent since physical distancing and self-isolation began becoming the norm. The woman’s husband is currently staying home from his job and has been more violent, prompting the woman to escape to a shelter with her two children in tow.

No Safe Place

Not all victims of domestic violence have access to shelters. With physical distancing protocols in place, shelters are in full capacity and had to turn away some abuse victims. Sakeenah Homes Shelter’s Zena Chaudry shared that they have been getting more calls about emotional abuse, financial abuse, and physical abuse. The same pattern is seen all over the world, with France reporting a 36% increase in cases of domestic abuse. Meanwhile, China reported that calls to their help lines increased three-fold and UK’s cases increased by 25%.

Urgent Actions Are Needed

In light of increased reports of domestic violence and abuse all over the world, United Nations Secretary General Antonio Guterres called for an immediate action by world leaders. He suggested that shelters should be classified as essential services during the pandemic plus make outreach groups and online services also available for those who may need them.

Do you know someone who is involved in a case of domestic violence? Proper legal representation by a domestic abuse lawyer is a must! Call Calvin Barry should you need a lawyer in Toronto who is well-versed in handling domestic violence cases. Contact Calvin Barry today.

Do This If Charged with Possession of Cannabis in Canada

Canada has restrictions in place when it comes to the possession of Cannabis in the form of the Cannabis Act. This act governs the legal parameters for the control of the manufacture, distribution, sales, and possession of Cannabis within Canada. According to the Cannabis act, the following are the goals of this legal framework in Canada:

•         Make Cannabis inaccessible to the youth
•         Make sure that proceeds from Cannabis are kept out of the pockets of criminals
•         Give adults legal access to Cannabis in the interest of public health

With the above said, it is clear that Cannabis is legal in Canada provided that its manufacturing, distribution, sales, and possession follow the restrictions in place.

Legality of Cannabis Possession in Canada

Adults who are above 18 years of age are legally allowed to possess up to 30 grams of Cannabis in dried form (or the equivalent amount in non-dried form) as of the 17^th of October 2018. Up to 30 grams of Cannabis can also be shared with other adults.

If someone needs fresh or dried Cannabis but a Canadian province does not have a regulated framework, purchase can be made from a federally-licensed online retailer. Additionally, residents can grow up to 4 Cannabis plants per household as long as the plants are from licensed seeds and for personal use. Those who want to turn Cannabis into food and drink products can do so as long as solvent products were not used to create concentrated forms of the product.

What to Do if Charged with Possession of Cannabis?

It is legal to possess Cannabis in Canada provided that it does not exceed the allowable amounts and its equivalent according to the form of the plant. Legal trouble may ensue if usage, amount, or transport does not follow the provisions stated in the Cannabis Act.

If you or someone you know has been charged any Cannabis-related offence, it is best to consult a lawyer as soon as possible. Calvin Barry is a Toronto lawyer experienced with defending charges of possession of Cannabis. Contact Calvin Barry today to know your legal options. Calvin Barry will help you formulate a defence as soon as possible to avoid the life-long consequences of more legal missteps.

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What You Have to Know About Presenting Evidence – A Must for DUIs

DUI is considered as a criminal offence in Canada. Because of how serious a charge of driving under the influence is, anyone who has been charged has the right to see any evidence against himself. In the same vein, withholding evidence is equally as serious. This is important to note because every little piece of evidence counts in coming up with a conviction as well as forming a winning defense when it comes to DUI charges.

To Plea or Not to Plea?

If you’ve been arrested or charged for a DUI, you must make sure that you are given the chance to see the evidence against you before making a move that can lead to your conviction. Most of the time, those who have been stopped for a possible DUI panic and immediately admit to driving under the influence as soon as they get to the police station. This is a huge mistake. Note that all and everything that you say can be used against you; hence, it will help you more to try to avoid volunteering any information without prior approval from your DUI lawyer. A simple sentence uttered as a mistake can lead to a conviction and make forming a DUI defence nearly impossible even for the best DUI lawyer that you can hire.

Getting Evidence is Key

It is possible that not all the evidence your lawyer may need to form a good DUI defence will be included in the evidence showed to you. In this scenario, your lawyer can ask for copies of footage, videos, and any other record that may exist related to your DUI charge. Procuring all these data will take time and can be nerve-wracking, especially when court dates get moved and you are left wondering what the outcome will be. Your only real choice is to wait things out and go over each piece of evidence with your lawyer even though doing so might make you worry more. This part of the process isn’t about nursing your feelings but about making sure that one alcohol-tinged incident does not end up defining the rest of your life.

Can’t help but worry? What you need is a good DUI lawyer to allay your fears and take charge of your defence. Contact Toronto DUI lawyer Calvin Barry today if need some help for your DUI defence.

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!

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.

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.

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!

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.

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!

Calvin Barry is President of the Alumni Board of Canada for the Delta Chi Fraternity

Calvin Barry is proud to be the president of the Alumni Board of Canada for the Delta Chi Fraternity. 

Delta Chi (ΔΧ) is an international Greek letter collegiate social fraternity formed on October 13, 1890, at Cornell University, initially as a professional fraternity for law students. On April 30, 1922, Delta Chi became a general membership social fraternity, eliminating the requirement for men to be studying law, and opening membership to all areas of study. Delta Chi became one of the first international fraternities to abolish "hell week", when it did so on April 22, 1929. Delta Chi is a charter member of the North-American Interfraternity Conference (NIC). As of Fall 2016, Delta Chi has initiated over 113,000 members at over 120 Chapters and Colonies, with 29 Alumni Chapters. Its headquarters is in Iowa City, Iowa.

To learn more, please visit http://deltachi.org

Calvin Barry Professional Corp Sponsors OPP Fundraiser

We were proud to sponsor a hole at the Andy Potts Memorial Tournament on Thursday, September 20th.

Provincial Constable Andrew J. Potts was a proud member of the Ontario Provincial Police. Andy had served the people of Ontario for seven-and-a-half years, initially serving at the Pickle Lake Detachment in 1998. While in Pickle Lake Andy received the Commissioner's Citation for life saving. Andy returned home to Muskoka in 1998.

On 20 July, 2005 Constable Potts and his partner Constable Matt Hanes responded to a call for service while serving the people of Muskoka. While enroute to this call the officers were involved in a motor vehicle collision. Constable Potts did not survive and his partner was seriously injured.
The Andy Potts Memorial Foundation now includes three fundraising events; The Andy Potts Memorial Golf Tournament, Andy's Ride and this year the inaugural Andy’s Snowshoe Poker Run. Family and friends have created these events to celebrate Andy's life and give back to the community that he loved and served.

To learn more about the Andy Potts Memorial Foundation, please visit: https://andypottsmemorialfoundation.com