Lerner Law News
Daniel Lerner chairing OBA webinar on changes to drinking and driving
In late 2018, major changes were made to the law on drinking and driving and driving with drugs. In September 2018, the new “Blood Drug Concentration” offences came into force, creating a whole way to investigate and prosecute offences involving driving and consuming drugs. In December 2018, massive changes were made to the law of drinking and driving, including replacing “Over 80” with a completely different offence, gave the police more investigative powers, increasing the minimum sentences, making drinking and driving an offence that can cause Permanent Residents to be deported, and creating new presumptions to assist the prosecution of these offences. In addition, a completely new legislative framework was created with new terminology and legislative provisions.
If you haven’t been following the lead-up to these changes, any defence lawyer or prosecutor will be in for a shock in trying to understand even the fundamentals of these new changes. In prior panels I have been on, I have emphasized that these changes “are the most fundamental changes to drinking and driving since the introduction of the Over 80 offence”.
To help get defence lawyers and prosecutors up to speed, I will be chairing a one-hour webinar on behalf of the Ontario Bar Association’s Criminal Justice Section. This is a crucial CPD for any lawyers not familiar yet with the new changes. The webinar will be on April 23, 2019 from 6:30 pm to 7:30 pm. Our panel will be:
- The Honourable Marcella Henschel, Ontario Court of Justice (Newmarket)
- James Palangio, Crown Counsel, Drugs and Driving Team Lead
- Peter Lindsay,Barrister
Registration details can be found here.
Daniel Lerner interviewed by thecourt.ca on R. v. St. Cloud
thecourt.ca is a blog run by the students of the Osgoode Hall Law School where students write about recent cases from the Supreme Court of Canada. On occasion, they interview a lawyer familiar with the issue before the Supreme Court to answer questions about the case from a lawyer’s perspective.
Recently, I was interviewed by thecourt.ca about the Supreme Court of Canada’s recent decision in R. v. St. Cloud (which addresses certain grounds in the Criminal Code to deny bail, as well as the procedure for reviewing bail decisions). The article was published on August 18, 2015, and can be found by clicking here.
New FAQ at Lerner Law about bail
You get a call. You are told someone you know has been arrested and held for bail. You are asked if you can assist…
I’m often asked a number of questions about what to do in the above scenario: “Do I have to pay money to bail someone out?” “Do I need to find a lawyer?” “What are my responsibilities if I bail someone out?” “Will I need to testify?”
As a result, Lerner Law has added a Frequently Asked Questions about bail, which can be found here.
If you have a question that is not answered on our FAQ, email me at daniel@lernerlaw.ca.
Also, in case you missed it, take a look at my earlier blog entry when I wrote about the need to reform the bail system.
If you’ve been told that your loved one is being held for bail, contact Lerner Law right away so we can help you and your family through this overwhelming experience.