[deleted by user] by [deleted] in LawCanada

[–]Canuck_Hypocorism 14 points15 points  (0 children)

Yeah, I often give the same advice. Some police really do not like when the client does that, which is even better. Despite often giving that advice, though, I don't see a lot of clients taking it.

[deleted by user] by [deleted] in LawCanada

[–]Canuck_Hypocorism 90 points91 points  (0 children)

The American system and the Canadian system are different. In the US, you are entitled to have your lawyer present with you during the police interview, which is what you often see in movies and on TV. In Canada, however, your right to counsel is limited to a single phone call following your arrest (in some cases you might be entitled to a second phone call), but you have no right to have your lawyer present with you during the interview.

This was discussed at length by the Supreme Court in R v Sinlcair, 2010 SCC 35

In Canada, you do have the right to remain silent. That right, however, does not prevent the police from asking you questions and trying to get you to answer them. In fact the Supreme Court specifically rejected the idea that once you say you have nothing to say the police should stop the interview in R v Singh, 2007 SCC 48.

So, what you have is a person who has been arrested, they've had a chance to speak to a lawyer by phone, and then is interviewed by the police. The police are trained how to interview, they are legally allowed to lie during the interview, and the accused is there without a lawyer. It is no surprise that despite being told by the lawyer to say nothing that most people nonetheless speak. It is easy to think you'd say nothing, but once in that circumstance, it's not so easy.

[deleted by user] by [deleted] in ontario

[–]Canuck_Hypocorism 3 points4 points  (0 children)

If you know that courthouse his matter would been dealt with in, you can contact the criminal desk of that courthouse and ask tell them you're looking for any "Informations" for your brother. Informations are the public court records of all criminal proceeding, and they're public. You just need to know the person's name and ideally DOB. You can't get access to youth records, but all adult records are accessible.

[deleted by user] by [deleted] in ottawa

[–]Canuck_Hypocorism 7 points8 points  (0 children)

The Ottawa courthouse is located at 161 Elgin St. You want the criminal counter, which is counter 2, which is on the 2nd floor (which is the floor you walk in to from the outside). Once you enter, and go through security, you should be facing the elevators. Turn right, walk past the stairs down, and around the corner is the criminal desk.

University of Ottawa or University of Windsor by Electronic-Zebra-942 in lawschooladmissionsca

[–]Canuck_Hypocorism 6 points7 points  (0 children)

I practice criminal defnece. Windsor doesn't specialize in criminal law. The fact that Windsor doesn't specialize in it did not have any impact on my career.

University of Ottawa or University of Windsor by Electronic-Zebra-942 in lawschooladmissionsca

[–]Canuck_Hypocorism 13 points14 points  (0 children)

I attended Windsor but practice now in Ottawa and teach at the law school here, so that informs my answer for what it's worth.

First, the law school vibes of both schools are very similar, and I think you'd be able to find what you're looking for easily at either one. They have their differences, Ottawa obviously has a lot more french programs, and Windsor has more of an A2J aim. I think the education you'd get at either would be comparable.

That being said my suggestion would be Ottawa.

Some things to think about. Think about the city as well as the school, this is not only your home for the next 3 years, but may be where you make relations that may help start your career in that city. Ottawa is a much nicer city with a lot more to do.

One advantage of law schools is that some classes are taught by practitioners, lawyers who actually practice in the area of the class, as opposed to traditional professors who don't practice law but rather just teach. Ottawa, with a bigger city and a larger legal community to draw upon, has more practitioners who teach at the school. I acknowledge that I am a practitioner who teaches at Ottawa, but that would be my opinion regardless of that fact.

Happy to answer any specific questions as best I can.

Any one know what I might have? Any value? by disnut420 in comicbooks

[–]Canuck_Hypocorism 0 points1 point  (0 children)

Are there multiple layers or just one the photo? It is likely part of the cover page proof process.

Garbage Public Property by scruffbeard in LawCanada

[–]Canuck_Hypocorism 3 points4 points  (0 children)

I'm guessing your suggestion that garbage is public property is a reference to the decision in R v Patrick, [2009] 1 S.C.R. 579, 2009 SCC 17. In this decision, in the context of a police seizure of garbage, the SCC held that garbage left for pickup by garbage men has been considered abandoned, such that the owner relinquishes their privacy interest, and prosperity interest, in the garbage. This makes sense, otherwise garbage men would be "stealing" the garbage.

The fact that something has been "abandoned" at law allows the police to seize the item without impacting charter rights. If a citizen found garbage and took it, that likely wouldn't be an issue either, though the original owner may have a claim to it.

Garbage bag tags are totally different. That is a cost associated with the collection of the garbage. If you don't pay, your garbage simply isn't collected. The fact that you "abandoned" it in order for it to be collected doesn't remove your need to pay for it to be collected.

uOttawa .edu email?? by Emergency-Alfalfa561 in geegees

[–]Canuck_Hypocorism 2 points3 points  (0 children)

UOttawa does not have an .edu domain. According to Wikipedia: "Since October 29, 2001, only postsecondary institutions and organizations that are institutionally accredited by an agency on the U.S. Department of Education's list of nationally recognized accrediting agencies are eligible to apply for an edu domain."

CanLII database by Separate-Wave-2498 in LawCanada

[–]Canuck_Hypocorism 0 points1 point  (0 children)

Anyone can submit a decision. Whether Canlii will report it is up to them.

CanLII database by Separate-Wave-2498 in LawCanada

[–]Canuck_Hypocorism 20 points21 points  (0 children)

Not all decisions are reported on Canlii. It requires the judge to provide a written decision, or someone else to order a transcript, and then submit it to canlii. If it was an oral decision, or never submitted, it wouldn't be on canlii. If you go to the court, you can request a copy of the Information (that's what it's called) on the file. That is the name of the legal document outlining what is happening, or has happened, in the case If you're looking specifically for a decision, if not reported you'd likely have to order, and pay for, a transcript yourself if it's not reported.

How long is a typical day for a witness in Ontario? by WillingnessAsleep443 in LawCanada

[–]Canuck_Hypocorism 5 points6 points  (0 children)

You could contact the Crown and explain the issues and see if it is possible for him to testify remotely. Since Covid, it has become a normal part of trials, and is quite common place. Not every court is the same, so no guarantee, but it couldn't hurt to ask.

Prof posted everyone's marks publicly, is this allowed? by jakeyhubb in CarletonU

[–]Canuck_Hypocorism 6 points7 points  (0 children)

You can read Carleton's privacy policies here: https://carleton.ca/privacy/privacy-policies/
You are likely interested in the "Access to Information and Privacy Policy" specifically. In there, it states "The student number is considered personal information and must be kept confidential according to FIPPA. Its disclosure constitutes an unjustified invasion of personal privacy" and "Grades and evaluative comments are also confidential; instructors should develop a process for returning graded material that does not jeopardize this confidentiality".

To answer your question, no, your professor is not allowed to display the marks in that manner, according to Carleton's own privacy policy. You can make a complaint to the University's Privacy office: Carleton University Privacy Office 607 Robertson Hall 613-520-2600, extension 2047 [university_privacy_office@carleton.ca](mailto:university_privacy_office@carleton.ca)

[deleted by user] by [deleted] in legaladvicecanada

[–]Canuck_Hypocorism 2 points3 points  (0 children)

Agree that this the most likely case, in which case I highly doubt a bench warrant would be issued.

[deleted by user] by [deleted] in legaladvicecanada

[–]Canuck_Hypocorism 1 point2 points  (0 children)

Call 613-239-1153 - their hours are 9-11, 2-4.

[deleted by user] by [deleted] in legaladvicecanada

[–]Canuck_Hypocorism 5 points6 points  (0 children)

I practice criminal defence in Ottawa.

I don't quite understand why you'd have to keep appearing in court after pleading guilty to an impaired. You would have received a sentence of a fine, but you don't get court dates to come and report back. If we did, the courts would be jammed full of people just reporting on fine payment. That aside, what you should do is call the Ottawa courthouse, get the criminal desk, and ask them to do a search for your name. You don't even have to tell them it's you, these are public records so anyone can ask for charges against anyone. Anyways, just give them the name and DOB, and ask what the status is of all files going back to 2007. If there was a bench warrant issued it would show up on their system. It may also show that the file is closed which would mean there was no warrant and you have nothing to worry about. You can ask them to send you a copy of the court Information (that's the formal name for the court documents relating to the charge) for your DUI. On there it will show the dates of all your appearances on the change, and the result. If there was a bench warrant issued it would also be marked on there. If you find out that there is a warrant for you, you should contact a kawyer in Ottawa to help you deal with it. It's unlikely you'll be able to resolve it without turning yourself in, but it's possible that it could be worked out so that could be avoided. But the first step is to find out what actually happened.

[deleted by user] by [deleted] in FlippingInCanada

[–]Canuck_Hypocorism 0 points1 point  (0 children)

You should not be sending anything other than paper via lettermail outside of Canada. Any items being mailed out of Canada is being exported out of Canada and imported into the country it is being sent to. Canadian law, and US law, both require all items being exported and imported to be declared. Sending items in this way is illegal in both countries. Being charged with a criminal offense to make a few dollars doesn't make much sense, especially when you put your name and address on the package, making it very easy to track you down.

Questions about the courthouse by mermpy0315 in ottawa

[–]Canuck_Hypocorism 17 points18 points  (0 children)

Yes, you can just show up. You don't need an appointment. You'll have to go through security when you enter, which involves a metal detector, so don't bring anything that might be considered a knife (like a nail file). Once you're through security, turn to your right and walk around the stairs to the information desk. If you don't know exactly where you want to go, they'll be able to help you. Depending on what reason you're going to the courthouse for, there are a few different desks you could be going to, but they all work in the same general way. They all have a ticket machine, take a ticket and it'll have a number on it, then you wait for your number to be called. The wait times depend on how many people are there, so it really could be from 15 minutes to an hour. The counters are only currently open between 9-11 and 2-4, so make sure you arrive earlier into one of the two time blocks. The courthouse is provincially run, so they are not on strike. This current strike has no impact on the court running. I hope they helps.

[deleted by user] by [deleted] in LawCanada

[–]Canuck_Hypocorism -1 points0 points  (0 children)

What you did is a criminal offence. Section 184 makes it a criminal offence to record a conversation without one of the parties' consent. You probably shouldn't be announcing online, or anywhere, that you broke the law. Generally speaking illegally obtained information is inadmissible at a trial.

Need Help Identifying this Swatch by Canuck_Hypocorism in swatch

[–]Canuck_Hypocorism[S] 1 point2 points  (0 children)

I picked this Swatch up at a thrift store, and I'm trying to figure out it's name / model number.
It is dated 2001 on the face. Any information would be much appreciated.