Throwback Thursday: Calvin Represents the 'Spice man'!

When Naveen Polapady threw Indian spices in the face of an alleged car thief, he became an instant social media hero in Toronto. 

With Calvin Barry as his lawyer, here are some articles detailing the incident and the events that followed:

• Spice man trial: ‘It felt like I was swallowing hot coals’
• Spice Man trial: Photos show cut and welts on man after confrontation with restaurateur
• Spice man trial: Assault victim asked why he didn’t seek help at scene

Need the services of Toronto's best DUI lawyer? A DUI conviction can mean a stain on your record that can affect what jobs you can take, where you can buy or rent a home, how much insurance you’ll have to pay, and more. You need to ensure that you don’t hurt your chances of getting a DUI pardon as soon as possible and that you have a DUI lawyer that can mitigate your charges. Calvin Barry is a Criminal Lawyer in Toronto that can help with this. Contact Calvin Barry Law today!

Throwback Thursday: Calvin Barry Weighs in on the Rob Ford Crack Scandal

On the 7th year anniversary of Rob Ford admitting to smoking crack, we look back at Calvin's comments to the Toronto Sun. 

Toronto 2014 was a simpler time in Toronto, when our biggest news story was our crack smoking mayor. This Wayback Wednesday, we revisit this scandal in a Toronto Sun article featuring our very own Calvin Barry.

Full article test:

TORONTO - Punch drunk from revelation after revelation, there is one over arching question that seems to be ricocheting around the city.

With all the damning information that has emerged, why have no charges been laid against Mayor Rob Ford?

In these last tumultuous days alone, the imploding mayor has made some startling confessions: he’s smoked crack cocaine, he’s purchased illegal drugs during the last two years and he has indeed driven under the influence of alcohol.

And those are just his self-reported admissions of breaking the law. There are still the many other alleged episodes reported by Ford’s ex-staffers in explosive police interviews made public this week.

In these recently uncensored pages, there are at least two disturbing witness accounts of former staffers being in Ford’s vehicle while he was allegedly driving after consuming alcohol.

In the late spring of 2012, Jennifer Dwyer arrived at the mayor’s home to accompany him to an event. According to the court document, she texted another Ford employee to tell him the mayor was “impaired, driving very fast and that she did not know where she was going. Dwyer was scared in the vehicle.”

Former aide Chris Finkel told police he was a passenger in Ford’s Escalade on the way home from one of his high school football practices in the fall of 2012 when the mayor pulled over, grabbed a mickey of vodka out of an LCBO bag and in the space of two minutes, proceeded to chug it down between gulps of Gatorade. Ford then continued on his merry way.

Fickel was alarmed enough to wisely get out of the car. He said he regrets not reporting the incident.
Chief of Staff Earl Provost told investigators Ford was so intoxicated on the night of March 17, 2012 that he insisted on taking him home in a cab. But when the mayor got there, he got into his SUV and nearly struck the taxi as he speeded away.

The police themselves had Ford under surveillance this summer during Project Brazen — which is an interesting moniker in retrospect — and watched him having a boozy lunch before getting back behind the wheel “under the influence of alcohol and or drug but not to the state of impairment.”
How could they know that if they didn’t bother to pull him over?

“If #RobFord won’t resign, how much evidence is needed to press charges given his drinking & driving, drug use & other criminal acts?” asks Robert Zaichowski on Twitter.
How much indeed?

The mayor has even dared them. “If I did something illegal then arrest me,” Ford said in speaking to a radio interviewer 10 days ago. “Obviously, I haven’t.”

Police Chief Bill Blair will only say that his officers conduct their investigations and then place the evidence they gather before the Crown attorney to decide if charges are laid — which seems rather disingenuous considering police arrest people all the time using their own discretion.

But former Crown Calvin Barry explains that while “a lot of it is embarrassing and humiliating” there really isn’t enough here to make a charge stick against the mayor.

The allegations of drunk driving are simply hearsay, accusations made to police long after the fact. There’s no officer who stopped him, smelled alcohol or asked for a breath test. “You need evidence of impairment,” said Barry, now a defence lawyer. “Within hours, all the evidence evaporates.”

What about the admission of buying illegal drugs? Barry says a vague confession isn’t enough: the person would have to be specific about what kind of drug, when and where it was purchased. Police would have to have it tested to prove that it was really a narcotic and not some other substance. “We don’t have any of that here,” he said.

A current Crown attorney agreed, saying he also hasn’t seen enough to warrant a criminal charge. “There’s a very high threshold,” explained the prosecutor, who didn’t want his name used. “There’s no case here that you can prove beyond a reasonable doubt.”

But this Crown also predicts that may change in the near future.

“There’s some kind of play going on,” he said. “There must be something in the works. I can’t imagine this is the end of the show here.”

Throwback Thursday: Calvin Barry Represents Anthony Galea

Anthony Galea billed $200,000 to U.S. pro athletes, court told
https://www.thestar.com/sports/2010/06/25/anthony_galea_billed_200000_to_us_pro_athletes_court_told.html

Galea court case causing media storm
https://www.thestar.com/sports/golf/2009/12/18/galea_court_case_causing_media_storm.html

Canadian doctor charged with unlawfully providing HGH to NFL players
https://www.thestar.com/sports/football/2010/05/19/canadian_doctor_charged_with_unlawfully_providing_hgh_to_nfl_players.html

Celebrity doctor hit with four charges
https://www.thestar.com/sports/2009/12/17/celebrity_doctor_hit_with_four_charges.html

Wayback Wednesday: Calvin Barry Beats Rick Vaive DUI Charges. Not Guilty on all Charges

Watch Calvin discuss his client Rick Vaive being found not guilty on all his DUI charges. 

If you're looking for Toronto's best DUI lawyer, contact Calvin Barry today!

Spotting Phishing Scams Related to COVID-19

Not even an economy-stopping pandemic will stop fraudsters. As more nations feel the grip of the increasing health crisis, scammers are taking full advantage of the COVID-19 pandemic to send fake emails to people tricking hapless victims into clicking on malicious links or attachments and revealing their personal information.

COVID-19 Cyber Security Scam Alert

A COVID-19 phishing email looks like a normal email complete with authentic-looking logos and branding. They often use the World Health Organization’s branding or logos or use the same from other public or government health agencies. Know that phishing is not limited to email, as some fraudsters resort to calling Canadian homes with offers of fake laboratory testing or fraudulent requests for donations.

How to Avoid a COVID-19 Scam

Scammers will send emails that will attempt to get your personal information or install malware into your mobile device or computer. Some will look like a donation link designed to capture your credit card information. Take the following steps to avoid becoming a victim.

• Practice skepticism. No matter how authentic looking an email may be, try to be more skeptic and nitpick details in the email. If the email contains email addresses, toll-free numbers, or website links, you can double check by using a known email address, website, or email of the organization to avoid clicking on fake links and contacting the scammers directly. If you want to verify some information, know that the right information will be posted on your provincial health agency’s website or the Public Health Agency of Canada website.
• Always check the email address of the sender. Phishing emails use sender addresses or names that may look like the real thing, but if you hover on the sender’s name, the actual email doesn’t match the sender at all.
• Avoid clicking on attachments or links. Embedded links in phishing emails seem valid, but the address it links to is definitely not. If the link address seems suspicious or does not seem connected to the highlighted text, there is a big possibility that it is a phishing email. If there are any attachments that aren’t expected or seem out of place, it might be infected with malware.
• Be more vigilant. If an email is requesting for your financial information or personal data, that may be fake.
• Make sure that your devices are protected. Installing anti-spam, anti-malware, anti-virus, and anti-spyware software can seem like being too cautious but you’ll be happy that you have them for protection in case of a possible attack.

What to do with a Phishing Email

You can’t avoid receiving phishing emails because they are everywhere. What you can do is either report them or delete/block them. You can report the email to the organization being spoofed so that they can issue the necessary warnings for other people. By blocking or deleting the email, you can save yourself some wasted time and headache down the road.

Aside from checking the Canadian Anti-Fraud Centre for a compiled list of COVID-19 scams, you can stay tuned in this blog for more news on COVID-19 fraud. You can also check the government of Canada approved information regarding COVID-19 at https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html. 

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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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 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!

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 

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!