The Good Samaritan Drug Overdose Act protects people from criminal charges for drug possession if they call 9-1-1 to report a drug overdose.Under the law of possession in criminal law, you can be arrested even if you do not physically have any drugs on you. For example, if you are in someone … [Read more...]
About Melody Izadi
To Bail or Not To Bail? That is the Question
Bail reform in Canada is once again a hot topic. Understanding Constitutional protections and what the Criminal Code says about bail and the bail process is a critical first step to the discussion.The political cries for bail reform are once again ringing through the streets of major cities in … [Read more...]
Who Reveals their Poker Hand?
Sharing Evidence with Opposing Parties in Criminal MattersEvidence in a criminal matter is called disclosure. Criminal law has strict rules about who must provide whom with disclosure. Unlike in civil law, the rules are generally one-sided. The defence has no obligation to provide the Crown … [Read more...]
Understanding Parole and its Restrictions: Why someone’s release shouldn’t necessarily alarm you
Parole is when an offender integrates back into society after serving their jail sentence, and includes an extensive review process and decision from the parole board.Media reports on crime often emphasize when an offender is eligible for parole and subsequently cover the results of the parole … [Read more...]
The Right to Speak to a Lawyer is Not an Admission of Guilt
A call to podcast hosts and journalists to stop using constitutional rights as an ominous plot pointAs a true crime podcast and documentary connoisseur by night, and a criminal defence lawyer by day, declaring that my world is saturated with true crime content is an understatement. I enjoy … [Read more...]
Defending the Defence
The Umar Zameer case demonstrates the important role defence counsel play in advocating for the innocent and protecting the integrity of our justice system.Defence counsel are almost always villainized by the media. They are often cast as an inhumane bump on the road to justice in movies and … [Read more...]
There is No Such Thing as a Hate Crime Offence in Canada
But do not panic because Canada’s Criminal Code not only includes five hate-based offences but also allows a judge to consider during sentencing whether hate motivated any other offence.In Canada, we do not have an offence in our Criminal Code that is called a “hate crime.” Yet during a time … [Read more...]
Say Yes to Understanding Drug Legislation
Drug legislation in Canada is complex with four main pieces of legislation governing drug offences and processes.Most of us educated in the Canadian public school system have been told to say no to drugs. It is a slogan often stuck on the back of bathroom stall doors in bright coloured posters. … [Read more...]
What Powers Do Police Have to Stop Me?
Questions often come up around police stops, including whether police can stop you and whether you have to speak to them or follow their instructions if they do.DISCLAIMER | This article is meant to be a guide, not specific legal advice for your situation. Always consult a legal clinic or speak to … [Read more...]
Absolute and Conditional Discharges in Canada
Absolute and conditional discharges are types of sentences in Canada's criminal justice system. Want to learn more?What is a discharge?A discharge is a legal sentence in Canada set out in section 730(1) of Canada’s Criminal Code. Both absolute and conditional discharges are a finding of guilt … [Read more...]
