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September 2019

DOUBLE-DOCTORING: IT IS ILLEGAL TO GET THE SAME PRESCRIPTION FROM TWO DOCTORS

Doctors are often criticized for their tendency to over prescribe drugs, especially in the wake of the opioid epidemic. But in instances of doctor shopping (double-doctoring or prescription shopping –all of which are illegal activities), the charges don’t often fall on the doctors. WHAT IS DOUBLE-DOCTORING? Double doctoring is a drug offence where the subject visits …

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I DIDN’T MEAN IT — CAN YOU GO TO JAIL FOR A VERBAL THREAT?

Criminal defence lawyers say that making verbal threats can result in criminal charges, depending on the context and severity of the threat. But can you go to jail for a verbal threat? The answer, as it turns out, is complicated. In Canada, the law relating to threats is found in the Criminal Code of Canada at section 264.1. …

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DOES A YOUTH TRIED AS AN ADULT FACE THE SAME SENTENCING?

Ontario’s youth justice system operates separately from the adult system. When someone between the ages of 12 and 17 is charged with a criminal offence, police must follow the Youth Criminal Justice Act (YCJA). The YCJA focuses on improving outcomes, taking responsibility, and reducing the likelihood of reoffending. The focus is less on consequences, and …

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HOW TO ACQUIRE A DEFERRED PROSECUTION AGREEMENT IN CANADA

Deferred Prosecution Agreements (DPA), also known as Remediation Agreements, are nothing new in the legal world, but they are new to Canada. They have been used successfully in the United Kingdom and United States of America for years but only came into effect in the Canadian Criminal Code in September 2018. How to acquire a …

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ABOUT THE MISTAKEN IDENTITY DEFENCE

According to the Innocence Project, 69% of wrongful convictions exonerated by DNA were the result of mistaken identity. Eyewitness accounts tend to weigh heavily in court, so criminal defence lawyers use the mistaken identity defence to discredit these accounts as soon as possible. They may attempt to question the witness’ memory and perception of the event. …

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