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An impaired driving charge can feel like the end of the world. One moment, you’re driving down the familiar streets of Scarborough, perhaps on Kingston Road or Ellesmere Road, and the next, you see the flashing red and blue lights of the police. It is a moment that can change your life forever. In Canada, impaired driving, often called “DUI” or “drunk driving” in common talk, is a serious criminal offence with lasting consequences. We know that these charges can create immense stress, not just on the individual but on their family. Our family at AR Law Firm is here to provide the peace of mind that comes with a robust and experienced defence.

The legal journey that begins with a roadside stop is complex, filled with specific procedures and strict deadlines. An impaired driving conviction brings serious penalties that go far beyond a simple fine. They can affect your ability to drive, your job, your finances, and even your freedom. Navigating the Ontario court system, including the courthouse right here in Toronto at 10 Armoury St., requires a deep understanding of the law and a strategic approach. We believe in solving this problem for our clients, helping them understand their rights and the road ahead.

The Criminal Code of Canada and Impaired Driving

Impaired driving is covered under Part VIII.1 of the Criminal Code of Canada, Section 320.14. This section defines several offences related to the operation of a conveyance (a vehicle, vessel, aircraft, or railway equipment) while a person’s ability to do so is impaired by alcohol or a drug. The law also creates distinct offences for having a blood alcohol concentration (BAC) at or over the legal limit, which is 80 milligrams of alcohol per 100 millilitres of blood, which is often referred to as the “over 80” offence.

It is important to understand that impaired driving and the “over 80” offence are separate charges. A person can be charged with impaired driving even if their BAC is below 80 if a police officer believes their ability to drive is affected by alcohol or drugs. Likewise, a person can be charged with the “over 80” offence even if they show no obvious signs of impairment. We see these kinds of charges regularly at the Toronto courthouse.

Immediate Consequences at the Roadside

Suppose a police officer, perhaps from the Toronto Police Service’s 43 Division, pulls you over in Scarborough on suspicion of impaired driving. In that case, you will face immediate consequences before even reaching a courthouse, as an officer can issue an immediate roadside suspension of your driver’s licence. For example, if you register a BAC in the “warn range” (0.05 to 0.079), you will receive a 3-day licence suspension and a monetary penalty for a first offence.

If your BAC is at or over 0.08, or if you refuse to provide a breath sample, you face a mandatory 90-day licence suspension, and your vehicle will be impounded for 7 days. This administrative suspension is separate from any penalties you might receive from a criminal conviction. It happens on the spot and does not require a formal charge or a finding of guilt in court, which is often the first and most immediate shock for people who contact us.

Penalties Upon Criminal Conviction

If you are convicted of impaired driving under the Criminal Code, the penalties are severe and long-lasting. They can include a combination of fines, driving prohibitions, mandatory education programs, and even jail time. The penalties become more serious with each subsequent offence.

First Offence

For a first offence, the minimum penalty is a mandatory fine; however, this minimum can increase based on your BAC reading. In addition to the fine, a first conviction brings a mandatory minimum driving prohibition of one year.

To get your licence back, you will have to participate in education and treatment programs and install an ignition interlock device in your vehicle. These programs are not free and add to the financial burden of a conviction. A conviction also results in a permanent criminal record, which can impact your employment and travel for years to come.

Aggravating Factors and Enhanced Penalties

The Criminal Code also outlines enhanced penalties for impaired driving offences that cause bodily harm or death. These are not minor charges; they are among the most serious offences in the Criminal Code.

If an impaired driving offence causes bodily harm, the maximum penalty is 14 years in prison. If it causes death, the maximum penalty is life imprisonment. These charges are often prosecuted by a Crown prosecutor at the Scarborough courthouse with great seriousness, and a conviction can have catastrophic results for an accused person.

How We Can Help

Facing an impaired driving charge in Scarborough and the GTA can be an overwhelming experience. The police have significant resources to prosecute these cases, and this is where your defence becomes essential because a conviction is not a foregone conclusion. The system must prove its case beyond a reasonable doubt, and we can challenge the evidence presented. We understand the fear and uncertainty that you must be facing, and our goal is to provide a sense of peace of mind by building a strong and comprehensive defence.

The sooner you act, the more options you have. Contact us today to schedule a confidential consultation. We are here to help you understand your legal situation and discuss how we can build a strong defence to protect your rights. Call AR Law Firm today at (416) 960-0781 to schedule a consultation with our team.

What Constitutes a Marijuana DUI in Ontario?

Under Canadian law, driving while impaired by cannabis is a criminal offence. Section 320.14(1)(c) of the Criminal Code makes it illegal to operate a motor vehicle while any drug, including marijuana, impairs the ability to any degree. Substances that can cause driving impairment include THC, the active component in cannabis. Unlike alcohol, where impairment levels are measured with relative precision by measuring blood alcohol concentration (BAC) with a breathalyzer, cannabis impairment is less straightforward.

When Marijuana Detectable, Charges Will Be Filed

Cannabis affects individuals differently depending on factors like body weight, frequency of use, and method of ingestion. While alcohol impairment has a long-established scientific basis for thresholds, cannabis remains more variable, and its effects can persist even after the sensations have subsided. This variability complicates enforcement and legal proceedings; however, the law is clear: any detectable level of impairment while driving can result in charges.

How Law Enforcement Detects Cannabis Impairment

Law Enforcement officers in Canada use a combination of tools and observations to detect cannabis impairment. These methods are never infallible, and each has implications for how charges are laid and defended in court.

Common enforcement methods include:

• Drug Recognition Evaluations (DRE): Trained officers can be called to assess physiological and behavioural indicators of drug impairment through a multi-step process. Indicators include abnormal pulse rate, eye movement, and motor coordination.
• Oral Fluid Testing: Approved roadside devices collect saliva samples to test for the presence of THC. Under Canadian law, drivers with THC levels of two (2) nanograms (ng) but less than five (5) ng per millilitre of blood may be charged under a summary offence. In contrast, 5 ng or more is treated as a hybrid offence and has more severe penalties.
• Blood Testing: If further investigation is warranted, blood samples may be obtained through a warrant or with consent to confirm THC levels.
• Urine Testing: Poor performance on the DRE testing can result in a Urine Demand which would be analyzed by the Center for Forensic Sciences to determine if it contained any drugs or metabolites.

The Cannabis Act, S.C. 2018, c. 16, along with accompanying regulations, establishes these procedures. But, each test has limitations, and testing may not conclusively establish a driver was impaired at the time of the incident.

The Legal Consequences of a Marijuana DUI Conviction

Being convicted of drug-impaired driving can have serious, lifelong consequences. While penalties vary depending on the circumstances, even a first offence can leave a permanent mark.

Legal consequences include:

• First-time offences: These offences typically result in a mandatory minimum fine of $1,000 and a one-year driving prohibition. There is also the possibility of a jail sentence if aggravating factors are present.
• Repeat offences: Subsequent offences carry significantly harsher penalties. A second conviction can lead to a minimum of 30 days in jail, while a third or subsequent offence brings a minimum of 120 days.
• Criminal record: A conviction automatically results in a criminal record, which can affect future opportunities in travel, employment, and housing. Unlike traffic tickets or provincial offences, this record does not simply disappear with time.

Can You Avoid a Criminal Record? Your Legal Options

While the legal process for filing marijuana DUI charges is strict, some strategic legal actions could help you avoid a permanent criminal record. These options are limited and will reflect the specifics of the evidence and the court’s discretion.

Possible alternatives include:

• Conditional discharges: Rare in impaired driving cases due to public safety concerns, but theoretically possible in exceptional situations where rehabilitation is demonstrably underway. This requires skillful negotiation to amend the Impaired Driving charge to an alternative offense.
• Plea agreements: Negotiating a plea to a lesser offence, such as careless driving, could be possible. A plea deal can help you avoid a criminal record, but it may include fines and driver’s licence suspension.
• Diversion programs: Some jurisdictions offer pre-trial diversion for low-risk individuals, though these are more commonly applied in non-driving offences. Participation may involve counselling, community service, or education programs. In Ontario, Diversion programs are not typically available for Impaired Driving charges.  

These outcomes can be achieved with experienced legal advocacy and early intervention, particularly if the prosecution’s case has weaknesses or if mitigating circumstances exist.

Defences That Might Help You Beat the Charge

Mounting a successful defence against a marijuana DUI charge requires a strategic and fact-specific approach. Many cases are won or dismissed based on how evidence was gathered and interpreted.

Potential defences include:

• Challenging testing accuracy: Oral fluid tests and DRE procedures are not foolproof. Issues with calibration, officer training, or environmental contamination can undermine their reliability.
• Procedural errors or Charter violations: If the police fail to follow the correct protocols, such as conducting an unlawful search and seizure or failing to inform the accused of their rights, the evidence may be excluded.
• Proving lack of impairment: A driver may have THC in their system from past usage without being impaired at the time of arrest. Expert testimony or evidence of safe driving behaviour can support this argument.

Each case must be assessed individually to determine whether these or other defences may apply.

Long-Term Impacts of a Marijuana DUI Record

A conviction for drug-impaired driving extends far beyond the courtroom. The ripple effects can last for years, or even indefinitely.

Consequences include:

• Travel restrictions: A criminal record may prevent entry to many countries, including the United States, even for short visits or business travel.
• Employment and volunteering: Many employers conduct background checks, and a record may disqualify candidates from certain roles, particularly those involving driving or working with vulnerable populations.
• Insurance and licensing: Auto insurance premiums can rise significantly, or an insurer could deny coverage altogether. Professional licences and security clearances may also be affected.

These long-term impacts can be more damaging than immediate legal penalties, and it is crucial that you understand all the ramifications before choosing to accept a plea or going to court without legal representation.

Why Legal Representation Makes a Critical Difference

Facing a marijuana DUI charge without the protections provided by legal representation can put you at a serious disadvantage. Assistance from a DUI defence lawyer in Toronto, when involved early in the process, can shape the outcome of the case.

Reasons to seek representation include:

• Early intervention: Timely legal advice can help preserve evidence, file Charter motions, and guide decision-making.
• Negotiation and advocacy: Legal counsel can communicate with prosecutors to explore plea options or argue for alternative resolutions.
• Assessing the viability of a defence: Not all cases go to trial, but a lawyer can help determine whether the evidence justifies a court fight or if a resolution outside of court is more strategic.

These interventions can make a meaningful difference in how a charge is resolved, especially when the goal is to avoid a criminal record.

Contact AR Law Today for DUI Defence That Protects Your Future

If you are facing marijuana-impaired driving charges in Ontario, AR Law provides legal defence strategies tailored to the facts of your case. Our team has extensive experience defending against DUI charges and advocating for favourable outcomes whenever possible.

Contact AR Law today at (416) 960-0781 for a complimentary consultation and discover how we can help you avoid a criminal record.

The holiday season is a time for celebration, but it’s also a time when impaired driving incidents rise significantly. Across Canada, police forces intensify their efforts to combat impaired driving through programs like RIDE (Reduce Impaired Driving Everywhere). It is crucial that Ontario drivers understand what the RIDE program entails, the potential consequences of an impaired driving charge, and their legal rights during a traffic stop is crucial.

What is the RIDE Program?

RIDE stands for Reduce Impaired Driving Everywhere and is an initiative run by police forces across Canada, particularly active during the festive season. The RIDE program sets up random roadside checkpoints to catch impaired drivers and deter others from driving under the influence. The goal is to promote road safety and reduce the number of alcohol and drug-related accidents, which tend to spike around holidays.

During a RIDE stop, police can:

• Pull vehicles over randomly.
• Ask drivers to provide a breath sample.
• Check for signs of impairment due to alcohol or drugs.

Consequences of an Impaired Driving Charge

Legal Penalties Under Ontario Law

Under Ontario law, driving while impaired by alcohol or drugs is a serious offence with severe penalties. If you are charged with impaired driving, you can face:

• Immediate licence suspension: A 90-day suspension under the Administrative Driver’s Licence Suspension (ADLS) program.
• Vehicle impoundment: Your vehicle will be impounded for seven days.
• Fines and court fees: Minimum fine of $1,000 for a first offence.
• Criminal record: A conviction for impaired driving results in a criminal record, which can affect your future significantly.
• Mandatory education programs: You may be required to complete the “Back on Track” program before getting your licence reinstated.
• Ignition interlock device: You may have to install and pay for an ignition interlock device on your vehicle.

Long-Term Implications

Beyond the immediate legal penalties, an impaired driving charge can have lasting effects on your life:

• Increased Insurance Rates: Insurance premiums can skyrocket after an impaired driving conviction. You may even be classified as a “high-risk” driver, making coverage difficult and costly.
• Employment Consequences: Certain jobs, especially those involving driving or operating machinery, may be off-limits. Employers often view impaired driving charges as a serious offence.
• Travel Restrictions: A criminal record can make it difficult to travel internationally, including to countries like the UK or Australia.
• Personal Impact: Beyond the financial and professional consequences, impaired driving can damage your reputation and relationships.

What Are Your Rights During a Traffic Stop?

Steps to Take When Stopped by Police

If you are stopped at a RIDE checkpoint or during any routine traffic stop, it is essential to know how to conduct yourself:

• Remain Calm and Polite: Keep your hands visible on the steering wheel and avoid making sudden movements.
• Provide Requested Documents: When asked, you must legally provide your driver’s licence, vehicle registration, and proof of insurance.
• Follow Instructions: If the officer asks you to step out of the vehicle or take a breath test, comply with the request.

Under the Canadian Charter of Rights and Freedoms, you have certain protections during a traffic stop, including:

• Right to Silence: You are not required to answer incriminating questions beyond providing basic information.
• Right to Legal Counsel: If you are detained or arrested, you have the right to speak to a lawyer without delay.
• Right Against Unreasonable Search and Seizure: Police need reasonable grounds to search your vehicle unless you consent.

However, refusing to comply with a breath test request can result in charges as severe as impaired driving charges.

What to Do if You Are Charged with DUI?

If you are charged with impaired driving, contacting a DUI lawyer as soon as possible is critical. A lawyer can help you understand the charges against you, the potential penalties, and the best way to build a defence. An experienced lawyer can also:

• Identify any procedural errors during your arrest.
• Challenge the accuracy of breath or blood tests.
• Negotiate for reduced penalties or alternative resolutions.

Your lawyer will help you build a defence based on the specifics of your case. Potential defences can include:

• Challenging the Validity of the Stop: If the stop was unlawful, evidence gathered may be inadmissible.
• Questioning the Accuracy of Tests: Breathalyzers must be correctly calibrated and administered.
• Medical Conditions: Certain medical conditions can affect breath test results.

The Dangers of Impaired Driving

In December 2024, the Durham Police Festive RIDE program reported that 16 drivers were charged with impaired driving in a single week. Despite fewer charges than the previous week, the total for the program’s first three weeks was up 23% from 2023. Police stopped 4,011 vehicles and conducted 174 roadside breath tests during that period, highlighting the thoroughness of these holiday checkpoints.

These figures show that even small amounts of alcohol can result in charges. The consequences are severe, and police are vigilant in their enforcement efforts.

Tips for Safe Driving During the Holidays

• Plan Ahead: If you plan to drink during the holidays, planning is essential. One option is to designate a sober driver in your group to ensure everyone gets home safely. Alternatively, consider using public transit, taxis, or ride-sharing services, which offer a safer travel method if you’ve been drinking. Another practical choice, if you’re attending a party, is to stay overnight rather than risk driving home while impaired.
• Monitor Your Alcohol Intake: Even one or two drinks can impair your ability to operate a vehicle safely, so knowing your limits is essential. To help manage your alcohol intake, consider pacing yourself by drinking water between alcoholic beverages to slow down your consumption.
• Recognize When Someone Else Shouldn’t Drive: If a friend or family member appears impaired, stopping them from driving by taking their keys away is necessary. In addition, suggest alternatives such as a ride-share service or offer them a place to stay to ensure they remain safely off the road.

Contact AR Law Today

Impaired driving remains a major concern during the holidays, and programs like RIDE aim to reduce the risks for everyone on the road. Understanding the consequences of an impaired driving charge, knowing your rights during a traffic stop, and taking steps to drive safely can help ensure a safer holiday season for you and your loved ones. If you face impaired driving charges, contacting a qualified DUI lawyer at AR Law after an arrest is vital for protecting your rights and future.

Call AR Law today at 416-960-0781 for a free case evaluation about your legal rights.

Are You a Commercial Driver in Ontario?

If you drive commercially in Ontario and you’re charged with driving under the influence (DUI), you could lose your job as well as your Commercial Vehicle Operator’s Registration (CVOR). You should be defended by a Toronto DUI lawyer, and you must reach out to that lawyer promptly.

Driving under the influence is called “impaired driving” in Canada, and Ontario enforces a zero-tolerance law for commercial drivers. You may not have any cannabis or alcohol in your system when you drive a vehicle that requires a Commercial Vehicle Operator’s Registration in Ontario.

There is only one exception to Ontario’s zero-tolerance law. Medical cannabis patients are not subject to the zero-tolerance requirements, although a cannabis patient may still face a criminal charge if his or her ability to drive was impaired by using medical cannabis.

Impaired driving remains a serious concern in Ontario. More than 10,000 drivers were charged with impaired driving in Ontario in 2023. Hundreds of serious injuries, along with forty-nine fatalities, were also reported in alcohol- and drug-related traffic accidents in Ontario in 2023.

Why Are Impaired Driving Penalties Harsher for Commercial Drivers?

The penalties for DUI convictions are often harsher for commercial drivers because commercial drivers generally have a greater obligation than other drivers to drive safely. Drivers of taxis, buses, and other drivers who carry passengers are answerable for the safety of those passengers.

Many commercial drivers are truckers who deliver products and goods throughout Ontario and across Canada. However, because they haul valuable cargo and often drive large trucks, these commercial drivers usually face harsher penalties in Ontario for impaired driving convictions.

Large trucks usually cause far more damage in traffic collisions than automobiles or pickup trucks. A fully loaded large commercial truck, for example, may weigh forty or more tons, while the typical automobile weighs only about three thousand pounds.

What Are the Penalties for Commercial Drivers Who Are Convicted of DUI?

If alcohol or drugs are detected in a commercial driver’s bloodstream, that driver’s license is suspended for 90 days. There’s also a $281 license reinstatement fee. Those “administrative” penalties are entirely separate from any criminal DUI prosecution.

A commercial driver who receives a criminal conviction for impaired driving in Ontario may be penalized with a one-year license suspension and a minimum fine of $1,000. Subsequent DUI convictions will almost always entail lengthier license suspensions and additional penalties.

When Will You Need to Contact a DUI Defence Lawyer?

A commercial driver must carry a valid Commercial Vehicle Operator’s Registration in order to stay employed. In other words, you must avoid a conviction for impaired driving. Promptly hiring a DUI lawyer gives you the best chance to retain your CVOR and protect your future.

If you are a commercial driver in the Toronto area and you’re placed under arrest for impaired driving, call an Ontario DUI lawyer as quickly as you can. Your lawyer will examine the details of the case and develop an appropriate, aggressive, effective strategy for your defence.

Until you consult your DUI defence lawyer, exercise your right to remain silent. Whatever you say to the police could be misinterpreted or twisted and used against you. Be polite to the police officers, but insist on your legal rights and speak to your lawyer before answering any questions.

An arrest and a DUI charge do not necessarily mean that you will be convicted, but your Ontario DUI lawyer will need time to prepare a defence strategy on your behalf, so acting as swiftly as possible is essential.

How Will Your DUI Defence Lawyer Handle Your Impaired Driving Case?

Your lawyer will cast doubt on the case against you, and you may be able to avoid a conviction and the costly penalties that a DUI conviction entails for a commercial driver. The tactics an impaired driving lawyer may use to prevail in a commercial driver’s defence include:

1.  challenging the reason for the traffic stop that led to the impaired driving charge
2.  challenging the way the driver’s impairment was established
3.  challenging the reliability or accuracy of a breathalyzer device or field sobriety test
4. offering medical evidence that explains why a commercial driver appeared to be impaired
5. negotiating with the crown prosecutor to drop or reduce the charge or reduce the penalties

A DUI lawyer will protect your rights, explain your legal options, describe the penalties you may face, and fight for the justice you need. If the police violated your rights or if medical evidence can be offered on your behalf, your lawyer will seek a dismissal of the charge or an acquittal.

Your lawyer may question the legal basis of your impaired driving arrest, the results of a breathalyzer test, or the credentials of the individual who conducted the test. But with so many lawyers practicing in and near the Toronto area, how can you, as a commercial driver, locate a DUI lawyer who will prioritize your case and fight effectively for justice on your behalf?

Commercial Drivers in Ontario Can Rely on AR Law

In a DUI case, your lawyer’s attention to detail can make the difference between a conviction and an acquittal. At AR Law, Toronto DUI lawyer Arvin Ross will develop a defence strategy that brings your impaired driving case to its best possible outcome. He has substantial experience – and he’s had a record of success – defending drivers charged with DUI in the Toronto area.

The legal defence team at AR Law knows all too well what an impaired driving conviction can do to your job, your family, and your future, especially if you are a commercial driver, to your job, your family, and your future. If you’re charged with impaired driving, call us at once for a no-cost, no-obligation review of your case.

Our law offices are located in Scarborough and Oshawa, and we represent commercial drivers accused of impaired driving in the Toronto area and throughout Ontario. If you are charged with impaired driving, call AR Law immediately at 416-960-0781, and let us go to work for you.

What Are the Potential Consequences of Being Convicted as a Repeat Offender in Ontario?

The consequences of repeat convictions in Ontario can be significant. The province’s government reported earlier in 2024 that it’s putting more repeat offenders involved in violent crimes in jail, but also more closely monitoring those repeat offenders’ activities while they are out on bail. 

The consequences for nonviolent repeat offence convictions are also severe. For example, while a first-time DUI conviction can result in a fine of $1,000, a second DUI conviction can lead to at least 30 days in jail, and a third DUI conviction can lead to at least 120 days in jail in addition to a fine that will be up to the judge’s discretion. 

In general, someone facing a conviction for a crime they’ve previously been convicted for may face some of or all the following consequences:

• Mandatory time in jail, or more time in jail than would have been decreed for a first offence. (Note that sentences of two years or fewer usually are served in provincial jails called remand or detention centres, or provisional correctional centres, while longer sentences are usually served in federal penitentiaries.)
• Potential to be denied early release for good behaviour.
• Stiffer fines.
• More stringent parole and probation requirements, plus potentially closer monitoring by law enforcement while on parole and probation.
• The convicted person may have difficulty gaining access to rehabilitation programs because of their criminal history.
• There are myriad consequences that someone charged with a repeat offence, particularly those involving violent crimes, could face. 

What Defences Might Be Used to Reduce the Severity of Repeat Offender Convictions?

Every criminal defence case is unique. There is no single defence tactic that applies to every situation. That’s why it’s crucial to contact an experienced criminal defence lawyer as soon as possible who can examine the specifics of your charges to help you determine the best possible approach.

In fact, there are several strategies that might be used, again depending on the circumstances of the case. The following are just a few of the strategies your lawyer could use to try to have the charges dismissed, withdrawn, or reduced, or to have you acquitted.

• Negotiate for reduced charges or push to have the charges dropped. 
• Negotiate for a peace bond in lieu of a conviction. In Canada, a peace bond is a criminal court order that requires the person receiving it to maintain good behaviour and remain peaceful. The bond can restrict what the person can do, where they can go, and who they can see. That can be anything from restricting the person from seeing an ex-spouse or possessing firearms, for example. A peace bond usually lasts up to 12 months, and if any of the terms are violated, the individual could face criminal charges again.
• Challenge the evidence in the case, including witness testimony.
• Identify charter rights violations. For example, if illegal drugs were found in an illegal search and seizure, your charter rights may have been violated, and the drugs may not be admissible in court. 
• Establish the accused’s innocence with positive witness testimony or other pieces of evidence.
  
• Appeal a conviction accordingly or negotiate for less stringent sentencing terms.

If I’m Convicted of a Repeat Offense in Ontario, Is There Any Chance of a Reduced Sentence?

Don’t give up hope if you’re convicted of repeat offenses. There are still possibilities that your criminal defence lawyer can help you receive a reduced sentence. Many factors can affect the court’s decision when it comes to sentencing, including but not limited to the following:

• The types of charges involved. Summary conviction offences are usually less severe than indictable offences and could lead to lesser consequences.
• Whether or not any person was harmed, or whether society’s interest is at stake.
  
• The type and extent of the crime. Even if repeated, less serious crimes may lead to less severe outcomes. 
• Whether the person convicted may be eligible for parole under Canadian law.

What Are Mandatory Minimum Sentences in Ontario?

Mandatory minimum sentences (MMS) in Canada are in a state of change. Earlier in the 2000s, there was a trend toward requiring MMS, hoping that they would act as a deterrent and reduce crime. However, other trains of thought have argued that they’re not a deterrent, and because each case is unique and complex, the judge in each case should have more discretion over determining what an appropriate sentence would be for that specific case.

In fact, the Canadian Supreme Court recently struck down three of the supposed “tough on crimes” sentencing guidelines as being unconstitutional. One such guideline required at least a year in jail for most drug offences. The Court said that was cruel and unusual punishment because the circumstances for many drug cases vary too widely, and not all of them warranted that level of consequence.

It’s important to understand that an MMS may not involve jail time but rather fines, victim restitution, or probation.

What Should I Do if I’m Being Charged as a Repeat Offender in Ontario?

Call AR Law as soon as possible at 416-960-0781 to request a free case evaluation. The consequences of being convicted as a repeat offender can be severe, even life changing. Working with an experienced, knowledgeable criminal defence lawyer who understands the law and potential tactics to reduce the consequences could be in your best interest.

In Ontario, indictable offences have severe consequences that can impact a person’s life in several ways, including work prospects, travel limitations, child custody, and ownership of guns. Anyone facing a potential conviction, as well as those with a criminal record who want to regain their rights and reintegrate into society, must be aware of how their lives will be affected.

Understanding the Impact of Indictable Offences

A conviction of an indictable offence can significantly affect an individual’s rights and privileges. From restricted voting rights to limited employment opportunities, understanding those implications is crucial for those navigating the aftermath of a criminal conviction.

Voting Rights

One of the immediate impacts of a conviction for an indictment in Ontario is the restriction placed on voting rights. According to the Ontario Elections Act, individuals serving a sentence of imprisonment for a conviction of an offence punishable by five or more years are ineligible to vote during their incarceration.

However, once the sentence is completed, voting rights are automatically restored, and individuals can participate in elections again.

Employment Opportunities

Convictions of indictable offences can pose significant challenges when seeking employment in Ontario. Many employers conduct background checks as part of their hiring process, and a criminal record may influence hiring decisions.

Employers may consider the following when conducting background checks:

Criminal Record Checks

Employers may request criminal record checks from applicants as part of the hiring process. This check typically involves searching for any convictions or pending charges against the individual.

Disclosure of Criminal Record

Applicants with a criminal record are often required to disclose this information on job applications or during interviews. Failure to disclose a criminal record when requested by the employer can result in consequences, including termination of employment if discovered later.

Relevance of Conviction to Job Duties

Employers must assess whether a past conviction is relevant to the job duties and responsibilities. In Ontario, the Human Rights Code prohibits discrimination based on a criminal conviction that is unrelated to the employment in question.

Employment Programs and Reintegration Support

Individuals with criminal records may benefit from employment programs designed to assist with reintegration into the workforce. These programs provide support and resources to help individuals secure employment despite past convictions.

Travel Restrictions

A conviction of an indictable offence can affect travel outside of Canada. Certain countries may deny entry or require special visas for individuals with criminal records. It’s essential to research the specific travel restrictions applicable to your situation before planning any international trips.

Moreover, individuals with criminal records may face enhanced security screenings and longer processing times when crossing international borders.

Child Custody and Adoption

Convictions of indictable offences may impact child custody arrangements and adoption proceedings. Family courts consider the best interests of the child, and a criminal record can be a factor in determining custody or visitation rights.

Courts may assess the nature of the offence, the individual’s rehabilitation efforts, and the stability of the home environment before making custody or adoption decisions.

Firearms Possession

In Ontario, individuals convicted of certain offences, including violent crimes, may face restrictions or prohibitions on owning firearms. These restrictions are outlined in the Firearms Act and the Criminal Code of Canada.

Individuals with convictions for indictable offences must adhere to firearms regulations and are generally prohibited from obtaining firearms licenses. Possessing a firearm while under a firearms prohibition can result in further legal consequences.

Restoration of Rights

Fortunately, certain rights can be restored or regained following a conviction of an indictable offence in Ontario. For example, individuals with criminal records can apply for a record suspension (formerly known as a pardon) to remove their criminal record from public view.

To be eligible for a record suspension, individuals must have completed their sentence and demonstrated rehabilitation. Successful applicants benefit from improved employment prospects and increased access to various opportunities.

Legal Assistance and Rights Advocacy

Navigating the complexities of restoring rights after a conviction of an indictable offence often requires legal assistance. Lawyers specializing in criminal law and human rights can provide guidance on the restoration of rights and legal options available in Ontario.

Legal Aid Clinics

In Ontario, legal aid clinics provide support to individuals with criminal records who require legal assistance. These clinics offer free or low-cost legal services and can help with record suspensions, employment discrimination issues, and other legal matters related to convictions of an indictable offence.

Community Legal Clinics

Community legal clinics across Ontario offer services to individuals facing legal challenges, including those resulting from convictions of indictable offences. These clinics provide legal information, advice, and representation to low-income individuals and marginalized communities.

Lawyers

Hiring a lawyer experienced in criminal law and human rights is essential for navigating the legal consequences of such a conviction. Lawyers can assist with record suspensions, appeals, and advocating for individuals’ rights in various legal contexts.

Advocacy Organizations

Several advocacy organizations in Ontario focus on supporting individuals with criminal records. These organizations raise awareness about the challenges faced by individuals with convictions and advocate for policy changes to promote rehabilitation and reintegration.

Rights Education Programs

Many organizations and legal clinics offer rights education programs to inform individuals with criminal records about their legal rights and options for navigating the aftermath of a conviction.

Seek Professional Guidance

Convictions of indictable offences in Ontario have far-reaching implications that affect various aspects of an individual’s life, from voting rights to employment opportunities, travel restrictions, child custody, and firearms possession. Understanding these impacts is crucial for those with criminal records seeking to restore their rights and reintegrate into society.

Are you facing a conviction for an indictable offence? AR Law is here to help. Schedule a free consultation today by calling 416-960-0781. We’ll fight for your rights and ensure that your case is treated fairly in court.