The summary evaluation and the complete evaluation of the SAAQ
How to be prepare to summary evaluation or the complete evaluation of the SAAQ ! Following an arrest for impaired driving with alcohol and / or drugs, the SAAQ may require your participation in the Program to assess and reduce…
AVOID A CRIMINAL RECORD WITH A DISCHARGE
A person who pleads guilty or is convicted of an offense for which the law does not prescribe a minimum sentence or which is not punishable by imprisonment of fourteen years or life imprisonment may benefit from a discharge. …
Drunk driving: alcohol ignition interlock device for life after two convictions?
Drunk driving: alcohol ignition interlock device for life after two convictions? Quebec has tightened its rules regarding impaired driving. Since November 25, 2019, a driver guilty of a second offense of impaired driving will be subject to an ignition interlock…
Consequence to Refusal or failure to comply with a demand to blow into an approved screening device (ASD)
Refusal or failure to comply with an order to provide a breath sample in an approved screening device (ASD) Penalty in the event of a repeat offense: IMPRISONMENT AND Ignition Interlock for LIFE! A peace officer who has in his…
BASIC PRINCIPLES OF APPELLATE LITIGATION IN CANADA AND THE UNITED STATES
BASIC PRINCIPLES OF APPELLATE LITIGATION IN CANADA AND THE UNITED STATES Daniel Martin Bellemare Avocat – Attorney at Law Barreau du Québec – Vermont Bar August 2021 INTRODUCTION This activity provides attorneys in the Province of Québec an opportunity to…
Have you been arrested for driving with impaired abilities ?
Have you been arrested for driving with impaired abilities? In these three cases, you will have to pass a summary evaluation with the SAAQ to possibly be able to recover your driver’s license without anti-alcoholic starter: 1 You have blown…
GUARD AND CONTROL OF A VEHICLE ?
GUARD AND CONTROL OF A VEHICLE Warning!!! Contrary to what many people think, the Criminal Code does not only prohibit driving while under the influence of alcohol and / or drugs, but also by having possession and control of them….
Driving with Impaired Alcohol and / or Drugs: Court VS SAAQ
When it comes to impaired driving with alcohol and / or drugs, it is essential to manage both your criminal record before the Court and your driving record with the Société de l ‘Assurance Automobile du Québec. (SAAQ). These two…
How To Grow Legal Cannabis under the Cannabis Act in Quebec ?
Licensed cultivators, processors and sellers of cannabis under the Cannabis Act in Quebec or Canada. You must apply to obtain a cannabis license under the Excise Act, 2001 in the following situations: You grow it (you grow cannabis products) You make…
Cannabis: Certain articles of the Quebec law invalidated by the Superior Court
Cannabis: Certain articles of the Quebec law invalidated by the Superior Court On September 3rd, 2019, the Superior Court of Quebec struck down sections 5 and 10 of the provincial cannabis law. Section 5 of the Act prohibited the possession…
Consequences of a Dangerous Driving
Dangerous driving: An individual may be convicted of dangerous driving if he drives a motor vehicle in a manner that is dangerous to the public depending on the circumstances. The driving must be objectively dangerous, that is to say, one…
Commission des transports du Québec for driver of heavy vehicles PEVL – CVL
Hearing before the Commission des transports du Québec If you are summoned by the Commission des transports du Québec for verification of your behavior as an owner or operator of heavy vehicles or as a driver of heavy vehicles, we…
Fingerprint destruction & non-communication request
The destruction of fingerprints and the request for non-disclosure of information contained in the Register and computerized criminal records are two important steps to complete in the following cases: an acquittal or a stay of proceedings; -an undertaking under section…
Recovery of court documents
If you have been found guilty of one or more criminal offenses we offer, a court document retrieval service that will save you unnecessary travel and forms. All requests for the recovery of court documents are completed by our lawyers…
Bill on Prostitution
Bill on Prostitution Since December 2014, the government, through Bill C-36 – Protection of Communities and Exploited Persons Act has decriminalized the act, but has criminalized the purchase of this service. This follows a ruling by the Supreme Court of…
Appeal from a Judgment Rendered in First Instance
Appeal from a Judgment Rendered in First Instance If a judgment has been rendered against you and you are not satisfied with the judge’s decision (whether in terms of the guilty verdict or the pronounced sentence), it is possible to…
Criminal Harassment
Criminal Harassment Section 264 of the Criminal Code What is Criminal Harassment? According to the Criminal Code, criminal harassment is acting towards someone or saying something to someone in such a way that they feel harassed or frightened for their…
Youth Offenders
Youth Offenders Charges under the Youth Criminal Justice Act Youth Criminal Justice Act (S.C. 2002, c. 1) Extrajudicial Sanctions In order to consider the young age of offenders and in a spirit of social reintegration, the Youth Criminal Justice…
The interest of obtaining a suspension of the criminal record (pardon request)
The interest of obtaining a suspension of the criminal record (pardon request) Your criminal record includes the criminal offenses for which you have been convicted. It is important to know that your criminal record is public and that it can…
Mischief
Mischief Mischief is provided for in section 430 of the Criminal Code. What is Mischief? According to the Criminal Code, a person who destroys, deteriorates or renders something dangerous may be accused of mischief. Additionally, a person who prevents another…
Theft and Possession of Stolen Goods
Simple Theft, Robbery and Possession of Stolen Goods What is Theft? Theft is provided for in section 322 of the Criminal Code. According to the Criminal Code, it is the act of taking a thing in which one has no…
FRAUD
Fraud Fraud is provided for in section 380 of the Criminal Code. What is Fraud? According to the Criminal Code, a person who uses lies or deceit to fabricate a false document or to perform a service could be accused…
Drinking and driving – DUI
Charge for Driving while under the Influence of Alcohol Section 320.14 of the Criminal Code In the event of an infraction, the driver’s license is immediately suspended for 90 days. Driving While Under the Influence of Alcohol vs. Impaired…
How to prepare to SAAQ summary assessment
What is SAAQ Summary Assessment? Following criminal charges for impaired driving, Société de l’Assurance Automobile du Québec (SAAQ) will automatically suspend your license for a period of 90 days. During this suspension, it is possible that they requires you to submit to…
Criminal Assault
Assault Sections 264.1 to 269 of the Criminal Code What is an Assault ? If a person uses or attempts to use force against another person who has not consented, they could be charged with assault under the Criminal Code….
Possession / Possession with Intent to Traffic Narcotics
Possession of Narcotics / Possession with Intent to Traffic Narcotics (For cannabis, you must now refer to the Cannabis Act) Sections 4 and 5 of Controlled Drugs and Substances Act Under this law, possession of narcotics is illegal, except with…
Charge for Driving while under the Influence of Drugs
What happens if you get caught driving under the influence of drugs ? In the event of a violation, the driver’s license is immediately suspended for 90 days (starting from the time of your arrest). Entry into force: October 17th,…
Costs related to a first offence for driving while impaired by alcohol or drugs
Subject to change. Other fees and costs may apply in addition to those listed below, such as court fees, a contribution to the crime victims compensation program (IVAC), etc. Minimum fine (Criminal Code) $1,000.00 Program to assess and reduce the…
Properly Preparing for the SAAQ Summary Assessment
What is the SAAQ Summary Assessment ? Following criminal charges for drinking and driving, the Société de l’Assurance Automobile du Québec(SAAQ) will automatically suspend your driver’s licenses for 90 days. After this suspension, you may be required to undergo a summary…