Saskatchewan drug charges on the rise

In Legal Articles by Linden Schwark

Saskatoon and Regina have recently experienced a rise in individuals charged with serious drug trafficking related offences. In the news you will see frequent record setting drug busts with substantial quantities of fentanyl, cocaine, and methamphetamine being seized by the Saskatoon Police Service, Regina Police Service, and the RCMP. Sean Fagan has been retained on a number of recent serious …

Liberal gun ban on semi-automatic firearms and handguns

In Legal Articles by Linden Schwark

Between 2020 and 2022, Canadians have experienced substantial changes to the firearm legal framework. What was once non-restricted, may now be prohibited. What was once a family heirloom, may now be a paperweight. What was once a thriving Canadian industry is now a contributor to the lineup for unemployment assistance.  Being a lawful gun owner in Canada is risky. Ignorance …

Can I hire a lawyer from out of province?

In Legal Articles by Linden Schwark

In Canada, criminal laws can only be created by the federal government. This is unlike the United States, where both the federal and state governments can make laws in the criminal realm. Because criminal law is the same in all provinces and territories, criminal defence lawyers can travel to different areas to defend criminal charges. There are subtle differences in …

What quantity of drug is too much for personal use?

In Legal Articles by Linden Schwark

In Canada, an accused person can be charged with: Quantity is just one factor that the court will consider when trying a charge of PPT. The prosecutor will typically call an expert witness to testify as to the quantity of the substance. This expert witness is invariably a police officer or ex-police officer with significant experience in drug trafficking investigations. …

How to find a good criminal defence lawyer

In Legal Articles by Linden Schwark

Like all professions, there is a spectrum of competency. If you are represented by a lawyer on the wrong side of the competency spectrum, you may experience dire consequences. You could be convinced into pleading guilty in a situation where you had viable avenues of defence that were well worth fighting. You may receive a criminal record that could have …

My lawyer wants me to plead guilty, should I? 

In Legal Articles by Linden Schwark

Some lawyers have a reputation for pleading people guilty – some lawyers have a reputation for fighting. If your lawyer is trying to convince you to plead guilty, there is nothing wrong with getting a second opinion. Most lawyers will provide a second opinion free of charge. Every lawyer looks at a file through a different lens. Often one lawyer …

Should I plead guilty?

In Legal Articles by Linden Schwark

Whether or not you plead guilty may be the most life-changing decision you ever make. It is critical to be informed by an experienced criminal lawyer about your avenues of defence before you plead guilty. This does not mean that you should talk to your “friend “who has been through it before. A good friend will refer you to the …

Can The Complainant Drop Charges in Canada?

In Legal Articles by Linden Schwark

In Canada, unlike the United States, it is not up to the complainant to decide whether a prosecution proceeds or is dropped. Once a criminal charge is laid, it is up to the discretion of the Crown Prosecutor whether the matter proceeds. The Crown Prosecutor will take into consideration the interests of the complainant and whether they want the prosecution …

Law of possession: “Those aren’t my drugs in the vehicle”

In Legal Articles by Linden Schwark

Whether you are facing drug charges, weapons charges, stolen property charges, or firearms charges, the prosecutor will have to prove that you had possession of the illegal item. Possession in Canadian criminal law does not equal ownership. Two elements that the prosecutor must prove beyond a reasonable doubt to establish possession are:  Knowledge and control The Crown will rely on …

What happens at my first Court appearance?

In Legal Articles by Linden Schwark

If you are charged with a criminal offence, a court date will be scheduled. The first court date is not a trial date, it is not a date where the witnesses or police officers will show up or testify, and The facts underlined the criminal charges will not, in all likelihood, be discussed. The first court appearance is simply a …