McDougall Gauley LLP Defence Group

Canada Border Services Agency (CBSA) released a Statement on November 30, 2020, outlining the decision to resume removals from Canada for those foreign nationals that are otherwise inadmissible. Initially during the Covid-19 pandemic, the CBSA halted many removals. However, as of November 30th of this year removals will be resumed. If you have been served with a deportation order, or are a Permanent Resident, facing the possibility of having your status revoked for a convict...ion on a criminal offence, now is the time to act and retain legal representation. The Federal Court resumed services in May of 2020, therefore individuals facing deportation will still be able to avail themselves of an appeal, judicial review, or to request a deferral on a removal (in cases where it is warranted). Please reach out to a McDougall Gauley Defence Group team member for more information. #McDougallGauley

The Coronavirus has had a significant impact on our everyday activities, including the operation of our courts. Many trials earlier this year were adjourned because of the pandemic. The courts are now back up and operating with a number of protective measures in place, including social distancing between everyone in the courtroom and, as much as possible, dealing with matters by way of videoconference or phone. The McDougall Gauley Defence Group is available to provide ass...istance in all criminal, professional discipline, and related litigation matters. If you have a matter that you would like to discuss, contact one of the lawyers in our Defence Group directory or phone one of our on-call numbers: Regina (and area) - (306) 565-5128 Saskatoon (and area) - (306) 665-5412 https://www.mcdougallgauley.com/practice-areas/criminal-law/

For some, the statue of Sir John A. Macdonald is a reminder of colonialism and the pain and suffering cause to Indigenous people as a result of government policies. For others, the statute serves as a reminder of the first prime minister of Canada and the critical role he played in building our nation. No matter whether you support one view or the other, or can see both sides of the issue, we as a community do not benefit from a small number of people who decide to destroy or... deface public property to achieve their goals. Matt Schmeling of the McDougall Gauley Defence Group discusses the legacy review of the John A. Macdonald statue located in Regina’s Victoria Park. https://www.mcdougallgauley.com//regina-saskatchewan-john/ #McDougallGauley #BlogPost

From time to time, our clients advise us that while they are not guilty of a particular charge or allegation, they nonetheless want to enter a guilty plea or apologize in order to just get it over with. Aaron Fox of the McDougall Gauley Defence Group discusses the legal and practical problems with doing so. https://www.mcdougallgauley.com//i-just-want-to-plead-gui/ #McDougallGauley #BlogPost

The 2021 Edition of The Best Lawyers in Canada is out and McDougall Gauley LLP lawyers are among the best. Congratulations to the following members of the McDougall Gauley LLP Defence Group: Brian M. Banilevic, Q.C., Susan B. Barber, Q.C., Aaron A. Fox, Q.C., James N. Korpan, Q.C., and Brad Mitchell. https://www.mcdougallgauley.com//the-best-lawyers-in-cana/... Congratulations to you all! #McDougallGauley #LawyersInTheNews #BestLawyers

Based on the recommendations of healthcare professionals and the Canadian Association of Chiefs of Police, the Public Prosecution Service of Canada has recently released a guideline to all Crown Prosecutors, directing them to not prosecute simple or minor drug possession offences. Instead Crown Prosecutors are now supposed to only pursue the most serious possession offences, and place more emphasis on drug treatment programs and alternative measures for people found with simp...le possession of illegal drugs. Get more details of the new guideline in the full blog post here: https://www.mcdougallgauley.com//road-to-decriminalization/ If you are facing a possession charge, or any other offence contrary to the Controlled Drugs and Substances Act and need assistance, reach out to a member of the McDougall Gauley Criminal Defence group, who have vast experience dealing with all drug related offences. #McDougallGauley #BlogPost

Aaron A. Fox, Q.C. discusses concerns and ongoing litigation with respect to the victimvoicesregina Instagram page in Regina, SK. The victimsvoicesregina Instagram page is a public forum used to solicit and publish anonymous allegations of sexual assault and misconduct. Click on the link below for Aarons full interview with CJMEs John Gormley. https://iono.fm/e/917448 (The interview begins at 3:02)... #McDougallGauley #LawyersInTheNews

Some years ago the Criminal Code was amended to provide for conditional sentences. These are sentences which allow a person who has been convicted of an offence to serve what would otherwise be a jail sentence, in the community. So for example if the Court would normally have intended to sentence a person to twelve months incarceration, rather than sending them to jail they could grant them a twelve month conditional sentence. The terms of the conditional sentence generall...y require the individual to remain in their residence, other than for work or school, for at least a portion of the sentence (often equivalent to the initial parole ineligibility period) and then a curfew thereafter. Restrictions such as non-consumption of alcohol, attending treatment, etc. also may be included. Read more: https://www.mcdougallgauley.com/rece/conditional-sentences/ Aaron A. Fox, Q.C. McDougall Gauley LLP Defence Group #McDougallGauley #BlogPost

A lot of people are uncertain about what will happen if they call a lawyer to discuss a criminal charge they are facing. They are uncertain about the procedure and the cost. Set out (in our latest blog post) in general terms is what you can expect to happen if you have been charged and call one of the lawyers in the McDougall Gauley Defence Group. https://www.mcdougallgauley.com//what-happens-when-you-ha/ Aaron A. Fox, Q.C.... McDougall Gauley Defence Group #McDougallGauley #BlogPost

Allegations of sexual assault and misconduct are regularly posted online. In certain cases, allegations of sexual assault are being created anonymously and then published online anonymously. In those circumstances, it can be extremely difficult to defend malicious and/or untrue allegations. Our Criminal Justice System does not operate in this manner. Read the attached article for Matt Schmelings take on the differences between anonymous online complaints as compared to complaints prosecuted through the Criminal Justice System. https://www.mcdougallgauley.com//sexual-assault-anonymous/ #McDougallGauley #BlogPost

Enjoy the long weekend, the McDougall Gauley Defence Group remains available when needed. Contact us for a free consultation via video! https://www.mcdougallgauley.com/practice-areas/criminal-law/... #McDougallGauley

First responders in Saskatchewan be they police officers, fire fighters, paramedics, nurses or doctors face unfathomable circumstances in their efforts to keep us all safe. In recognition of this fact, the Saskatchewan Legislature explicitly recognized that first responders should be entitled to psychological injury benefits when their psychological injuries, such as PTSD, arise out of their employment. The Saskatchewan Court of Queens Bench recently affirmed that the ...WCB, who is responsible for administering and determining psychological injury benefit claims, must meaningfully consider these benefit claims, and must meaningfully apply the presumption in favour of first responders. If you, or a friend or family member, are a first responder and believe you are entitled to WCB workplace injury benefits, including psychological benefits, please reach out to a member of our team. https://www.mcdougallgauley.com//workplace-injury-benefit/ #McDougallGauley #BlogPost

Defence counsel across the country applauded a decision from the Supreme Court of Canada handed down on June 18, 2020. In R v Zora, the Supreme Court unanimously ruled that an accused must subjectively know they are breaching their bail conditions to be convicted. The SCC made a number of other observations about the bail system, including the need for individualized bail conditions where each condition is necessary, reasonable, least onerous, and sufficiently linked to a r...isk in s. 515(10) (Zora at paras 6 and 87). This decision impacts every individual seeking bail and will be taught in law schools for years to come. Take a look at the blog post below to learn more. https://www.mcdougallgauley.com//r-v-zora-time-to-say-goo/ #McDougallGauley #BlogPost

Recently, the Ontario Court of Appeal ruled that section 33.1 of the Criminal Code was unconstitutional for barring self-induced intoxication as a defence to crimes of violence. News outlets began posting articles with headlines like: Ontario Court of Appeal passes new ruling that is yet another assault on women! Intoxication is now an excuse for sexual assault. Understandably, these headlines generated serious public outrage. Much of the outrage stemmed from the mistaken ...belief that this decision now allows men to sexually assault women after consuming drugs or alcohol. This simply is not the case and it is important to understand the intricacies and implications of this decision. For a breakdown of the decision, take a read through this article: https://www.mcdougallgauley.com//is-intoxication-a-defenc/ #McDougallGauley #BlogPost

Although surrogacy in Canada is legal, compensating or otherwise paying your surrogate for a profit is not. Section 6 of The Assisted Human Reproduction Act prohibits the payment of surrogates, offers to pay surrogates and/or advertising to pay surrogates. Although commercial surrogacy is legal in the United States, surrogates in Canada cannot charge and/or receive any wages or profit from carrying a child. As of June 9, 2020, the Reimbursement Related to Assisted Human Repro...duction Regulations (the Regulations) came into force. Read more about Reimbursing Surrogates and Criminal Liability- https://www.mcdougallgauley.com//reimbursing-surrogates-a/ #McDougallGauley #BlogPost

Many people when they are arrested or detained are asked to provide a statement by the police. In Canada, you are not obligated to give a statement. A statement can only be used in evidence against you if it is being given freely and voluntarily, in other words, without any promise or threat, and not given under such oppressive conditions that you are not able to make an informed decision whether to provide a statement or not. There are some who think that you should never... give a statement to the police. Often that is correct. Each case turns on its own particular set of facts. There are circumstances where providing a statement at the outset can be beneficial in avoiding a charge in the first place or defending the charge down the road. The key is to get some legal advice so that you can make an informed decision as to whether you should provide a statement or not. If you are asked to provide a statement I suggest that you respond that you will not do so until you have obtained legal advice. If you call one of our lawyers we would review with you the facts and circumstances and the reason why you are being asked for a statement. We will discuss the pros and cons of providing a statement. The objective is to allow you to make an informed choice as to whether you want to provide the statement or not. If you are going to provide a statement we will then explain to you some of the pitfalls that you can run into in giving a statement. This advice is similar to the advice you would receive if you were going to testify at a trial. In my view, it is wrong to categorically state across the board that you should never provide a warned statement to the police. However, my advice is that you should never provide a statement without first speaking to legal counsel. Do not hesitate to call one of our Defence Group lawyers and/or one of our on-call numbers: Regina: (306) 565-5128 Saskatoon: (306) 665-5412 AARON A. FOX, Q.C. McDougall Gauley Defence Group #McDougallGauley #BlogPost

Section 10 of the Canadian Charter of Rights and Freedoms provides that if you are arrested or detained you are to be: 1. Advised of the reason for your arrest or detention; 2. Advised of your right to contact counsel forthwith; and 3. Given a reasonable opportunity to exercise that right.... Many people assume that anytime a police officer or person in authority asks you questions you are entitled to consult with a lawyer. You only have a right to legal counsel if you are arrested or detained. Being detained can include a psychological detention. So in other words, if you are placed in a room and questions are being asked of you and you have a feeling you cannot leave that would constitute a detention. In those circumstances you would be entitled to speak with a lawyer before answering any questions. The police are obligated to hold off questioning you until you have had a reasonable opportunity to try and locate counsel. At 2:00 in the morning that can be a problem. The McDougall Gauley Defence Group has a 24-hour on-call number that you can call if you are arrested and need counsel. Our contact numbers are: Regina: (306) 565-5128 Saskatoon: (306) 665-5412 Next week I will comment on whether you should provide a statement when asked to do so. AARON A. FOX, Q.C. McDougall Gauley Defence Group

The Wanzhou decision speaks to the sanctity of Canadas rule of law. It would have been convenient for the Judge to accept Wanzhous pitch that her alleged actions are not criminal under Canadian law. It would have helped to end the conflict with China and would have improved relations with the world super-power. It would also have been incorrect at law. Canadians should be proud of our judicial independence. The system doesnt always get it right. But our courts strive fo...r the correct result, even when its politically unpopular. We applaud Madame Justice Holmes principled approach in Wanzhou. The Court played by the rules and was not intimidated by political considerations. You need to be fearless to make justice. The McDougall Gauley defence group is proud to stand with our clients, even when the world is against them. https://bc.ctvnews.ca/b-c-judge-rules-against-huawei-s-meng James Korpan, Q.C. #McDougallGauley

Learn more about the McDougall Gauley Defence Group. In todays blog we address Workplace Investigations. The McDougall Gauley Defence Group are well-situated to assist you or your company in workplace investigations. Whether there is an allegation of harassment, discrimination, criminal offences and/or other inappropriate conduct, the Defence Group (with the support of McDougall Gauleys Labour and Employment Group) is able to assist in taking corrective action to respond ...to allegations of inappropriate conduct. This will very likely include conducting an investigation into allegations to get to the bottom of things. We can also assist in the development of workplace harassment policies to properly respond to allegations of misconduct in the workplace. Matthew J. Schmeling & Susan B. Barber, Q.C. Matthew has extensive experience reviewing and directing investigations on behalf of his clients who are the subject of serious criminal and regulatory prosecutions. Susan is a partner focusing on labour and employment law. She has significant experience dealing with harassment and other investigations in the workplace. The full blog can be found at: https://www.mcdougallgauley.com/r/workplace-investigations/ #McDougallGauley #BlogPost

Dont let COVID-19 make you a criminal! The National Post reports that Federal Workers have been ordered to ignore cheating in CERB and EI claims. The Feds are handing out money to anyone who asks, with the Prime Minister saying they "will clean up after the fact." People who would not otherwise be tempted to tell white lies are under financial pressure. Easy cash is great. But there will be a reckoning. Eventually, some humourless bureaucrat will go through your applica...tion with a fine-tooth comb. If you misrepresent facts, youll be lucky if you can simply pay the money back. Those less fortunate will be charged with fraud. Dont lie to the man! Keep your hands clean and avoid trouble. James Korpan, Q.C. James has extensive experience defending individuals and corporations on a variety of economic crimes. #McDougallGauley #COVID19

With the rise of the COVID-19 pandemic, and its arrival here in Saskatchewan, many are justifiably focused on taking the necessary healthcare precautions to minimize the risk of both acquiring the virus, and spreading it to others. These concerns are understandably heightened in those environments more conducive to the spread of COVID-19, such as Saskatchewans correctional facilities. The Saskatchewan courts have made clear that COVID-19 is not a get out of jail free card. ... However, the courts have also recognized that the increased risk of the spread of COVID-19 in correctional facilities, and an individual accused persons personal health risks and circumstances, may be relevant to whether pre-trial detention is necessary. Read more to find out what is required when seeking bail. https://www.mcdougallgauley.com//covid-19-and-pre-trial-d/ #McDougallGauley #BlogPost #COVID19

Looking forward to getting back to our offices! Our team has been working remotely to stop the spread of COVID-19. The lessons learned these past two months extends our reach and helps us serve you better. Contact us for a free consultation via video!... https://www.mcdougallgauley.com/practice-areas/criminal-law/ #McDougallGauley #COVID19

We have been keeping an eye on how the world is changing as governments and the business sector across the world tries to grapple with the reality of COVID-19 in an effort to contain the virus. Immigration, Refugees and Citizenship Canada (IRCC) has been providing several updates in the past few weeks to reflect the change in how they are responding to applications. Read more as Jyoti Haeusler explains these new updates. https://www.mcdougallgauley.com//the-law-and-technology-m/ #McDougallGauley #BlogPost #COVID19

The Defence Group realizes that the Coronavirus has affected everyone in many ways, including economically and the ability to get about and meet. Visit our website for information on how we can help - https://www.mcdougallgauley.com/practice-areas/criminal-law/

No-Charge Initial Consultation on Criminal Matters: The Defence Group realizes that the Coronavirus has affected everyone in many ways, including economically and the ability to get about and meet. In light of this, the McDougall Gauley Defence Group will provide an initial one-half hour consultation at no charge to be conducted by phone. If you have a criminal matter you would like to discuss with us contact one of the lawyers in our Defence Group directly or phone one of ou...r on-call numbers: Regina (and area): (306) 565-5128 Saskatoon (and area): (306) 665-5412 https://www.mcdougallgauley.com/practice-areas/criminal-law/ #McDougallGauley #COVID19

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