Thursday, November 5, 2020

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.”

Monday, October 5, 2020

Effects and Consequences of Drinking and Driving


 


Drinking and driving can carry life-long consequences depending on the circumstances of the arrest. Not only do these consequences affect the individuals involved by them serving jail time, paying for fines, and losing one’s license, it can also lead to strains in relationships and financial difficulties that can hurt entire families. If you’re not sure how devastating drinking and driving can be, continue reading below.

What Defines Drunk Driving?

Drunk driving in Ontario is defined as operating a vehicle with a blood alcohol level that is ‘above 80’ or having more than 80 mg of alcohol per 100 ml of blood. Note that this blood alcohol level can vary between individuals who drank the same amount of alcohol based on their gender, weight, height, metabolism, body types, and other related factors. Some people may not seem impaired but have a high blood alcohol level. As little as one to two drinks can make an individual impaired if that individual has a slight frame and consumed the drinks within a short span of time.

Why is Drunk Driving Taken Seriously by the Law?

The consequences of operating a vehicle when impaired can result in loss of life and permanent physical damage if an accident occurs. This is why even first offences of drunk driving can face relatively severe fines compared to other run-ins with the law. Consequent charges of drunk driving are met with jail time, a criminal record, and fines. This is not an over reaction by the law because drunk driving remains as one of the top offences every year based on statistics.

How to Face a Charge of Drinking and Driving?

Because drinking and driving is treated as a serious offence, a charge should be legally addressed promptly. If you have been arrested for drinking and driving and Canada, you must hire a DUI lawyer as soon as possible to make sure that everything is clarified to avoid a criminal record or minimize the severity of the punishments legally. Calvin Barry is a criminal defence lawyer in Toronto who handles charges of drinking and driving as a DUI lawyer. Contact Calvin Barry today.

 

Tuesday, September 8, 2020

What to Know About Domestic Violence Charges in Canada

 


Are you aware that domestic violence is not explicitly written as an offence in the criminal code of Canada? Yet, a charge of domestic violence is taken more seriously than other forms of assault given the relationship between the victim who lives together with the alleged abuser under the same roof.

The Nature of Domestic Violence

Most cases of domestic violence occur between romantic partners and as a result, have a huge psychological and emotional factor that needs to be considered as well. It is a well-known fact that strong emotions can fuel people to act irrationally and do things that they may regret later. It is important that the complainant should be physically separated from the perpetrator to prevent escalation as well as other complications.

Is Physical Violence A Parameter for Determining Domestic Violence?

An alleged abuser does not have to physically hurt the victim for a case to fall under a domestic violence charge. Damaging property or preventing the use of someone’s belongings fall under domestic violence. Even a small physical damage to things can mean a charge of domestic abuse or violence. Verbal threats are likewise treated seriously alongside harassment.

Accusations May Mean a Charge

The police have a zero-tolerance policy for possible cases of domestic violence. An alleged victim’s words are enough for the police to get involved because the priority is to keep the victim safe in this situation.

Sentence for Domestic Charges

Different offences carry different punishments, with domestic offences often carrying heavier punishments because they are considered more severe than other forms of violence or assault. If you’ve been accused of domestic violence, it is important to make sure that you aren’t charge for things that you did not commit. Hire a good criminal defence lawyer and go over the details of your charge to scrutinize loopholes and to form a good defence with your attorney. Hire a criminal defence attorney to protect your rights. If you’re looking for a domestic violence lawyer in Toronto, contact Calvin Barry today.

Wednesday, July 22, 2020

Throwback Thursday: Calvin Barry Represents the 'Chinese Warren Buffet'




With convicted fraudster Weizhen Tang in the news this week, as the OSC watchdog warned investors to stay away from him after he served 6 years in prison for fraud, we look back to 2009 when Calvin Barry represented Tang.

https://www.thestar.com/business/2009/06/11/chinese_warren_buffett_facing_charges_of_fraud.html

https://toronto.ctvnews.ca/accused-ponzi-schemer-is-broke-lawyer-says-1.473842

Monday, June 22, 2020

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!

Thursday, June 4, 2020

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.