Cake Criminal Defence

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Cross examination is the key to a good defence. Today, it was vital leading to a on all counts.

The Most Illegal Legal Substance in Ontario

Even though Ma*****na is legal and is in fact less controlled than the sale of other leading intoxicants such as beer, wine, and liquor, the Ontario Government still wants to fight the war on drugs despite allowing pot shops on every corner. Given that the Province of Ontario has become one of the largest drug dealers in the world, there is no doubt that they want to eliminate the competition, be it legitimate homegrown or illegal street-bought (old school) w**d. To do so, the government has implemented some questionable laws that far outreach any legitimate safety concern and are frankly, unconstitutional.

A perfect example of this is section 12 of the Cannabis Control Act of Ontario. This law allows the police to search any vehicle or boat at any time without a warrant if it is reasonably believed that cannabis is being illegally stored in the vehicle or boat. Illegal storage would include any pot that is not in its original (read “government-controlled”) packaging or otherwise fastened closed and not readily available to any person in the vehicle or boat. If the officer has reasonable grounds to believe that the w**d in the vehicle or boat does not comply with the exceptions of section 12, then not only can they search the vehicle or boat, they can search any person found within it. This is crazy and way beyond the scope of public safety. It gives the officer carte blanche to identify and search people completely unrelated to the operation of the vehicle, simply because they are in the vehicle. It allows officers to do something that they would otherwise not be allowed to do. The police can’t search your vehicle if you simply run a stop sign. The police can’t ask the passengers in the vehicle for ID without reasonable grounds that an offence is being committed simply because the driver failed to signal for a left-hand turn. The Charter protects against such arbitrary searches or detentions. There is no reason that pot should be treated differently. An open case of beer on the rear seat with no evidence of consumption in the vehicle does not give police the right to search the vehicle and everyone in it. There is no reason why the police should be allowed to breach Charter standards simply because it is suspected there is improperly stored ma*****na inside the vehicle.

There is no doubt that all citizens have the right to be protected on our streets. Impaired driving in all its forms is something that we all have a vested interest in reducing. There must be a line between the need to keep society safe from others while on the streets, and the need to keep society safe from the over intrusion of the state while on those same streets. The rules surrounding cannabis ought to be no different than the rules surrounding alcohol and, in this case, the government has gone too far and put all of our civil liberties in jeopardy. If you or anyone you know has been subject to ma*****na charges, call the team at Cake Criminal Defence today. We have the knowledge and the abilities to fight for your rights. CCD Law is here to help. We defend.

Ontario Makes After Hours Work Illegal

Friday nights, the neighbours and I like to gather in the garage to have a few beers and tell a few stories. More often than not, at least one conversation starts with “Hey Cake, you’re a lawyer can you tell me…” The inquiry this week came from a buddy who was on his phone for the whole first half of the evening. It was late, the kids were all in bed, and the street lights were on. He was taking calls and sending emails between sips, but it didn’t look like he was having a good time. The question, “Is it illegal for my boss to keep at me even after I have punched out for the day?” I didn’t know the answer but had a few cold OV left and figured I could come up with something before the night was done.

The answer is yes, almost, maybe, depending on the size of the employer you work for. The relationship between the employer and the employee is governed by multiple sets of rules and regulations. One of those sets is the Employment Standards Act. The ESA is a regulatory act, much like the Highway Traffic Act, or the Liquor License and Control Act. The ESA is enforced by the Ministry of Labour, Training and Skills Development. Late in 2021, the Government of Ontario amended the ESA, which now requires employees to have a “disconnect from work” policy. The policy must be written and shared with the employees by June of this year. The ESA describes “disconnecting from work” as engaging in work-related communications, emails, voice and video calls. Essentially “disconnecting from work” can be defined as “being free from the performance of work”. There are exempted industries but the bottom line is it looks like requiring employees to answer emails after hours could lead to enforcement action.

What that all means is still undecided as enforcement of these policies has not come into play yet. Interpretation of the wording of the policies will be key to determining if an employer is in violation. Violating the ESA will not lead to a criminal record, but could lead to fines, probation, or even jail time. While technology and the evolving global nature of business have made employers far more connected to employees than ever before, I wonder what folks like Musk, Bezos, O’Leary, or Wolfe Herd would say to putting the work away at 5 pm and not picking it up again until the start of business at 9 am the next day. It will also pose some interesting questions relating to the balance between an employee’s right to “disconnect” and the employer’s right to further the interests of the business venture. Once the enforcement team rolls in, I look forward to litigating these types of cases.

If you are an employer who falls victim to this industry-paralyzing legislation, call the team at CCD Law. We will be happy to defend your right to advance your interests while contributing to the economic security of our province.