Muenz Law Office Calgary Criminal Defence Lawyer

Calgary Criminal Defense Law Blog

Do alleged Alberta cyberbullies need criminal defense counsel?

Bullying has always been a part of playground happenings in the old days, but cyberbullying is even more hurtful, more intense and more heartbreaking because bullies can hide behind their scathing words. But cyberbullies in Alberta can also choose to impersonate others, so no one really knows who is doing the bullying unless the bully wants to make himself or herself known. Cyberbullies may need criminal defense counsel if charged with cyberbullying

The Criminal Code of Canada stipulates that it is a criminal offence to post pictures or videos online of an intimate nature without consent of the person in those photos. Posting those kinds of images is classified as cyberbullying, and apparently, the incidents are increasing. Quite often, it is done as a form of revenge after a nasty breakup of a relationship. Whatever the reasons, the person on the end of the bullying suffers emotionally, and in extreme cases, people have been known to commit suicide allegedly because of it.

Hateful comments in Canada could mean needing criminal defense

Some people might not realize that some comments they leave on social media sites could be construed as being hateful. Even if they aren't using their own names, there are ways of ascertaining identity and, depending upon the comments posted, they may need to find themselves a criminal defense lawyer. If the hateful comments target a specific group, they could be seen as being criminal.

In 1990, an Alberta school teacher was taken to task for teaching his anti-Semitic views to his pupils. He claimed he could do so under Canada's Charter of Rights. However, the Supreme Court of Canada upheld his criminal conviction stating that there is a breach in freedom of speech when it is targeted against a group. Had the internet been available to the teacher and had he written the same message online, the outcome likely would have been the same.

Criminal defence in Canada: The Mile High Club spells trouble

Many airplane flights are long and boring. Some passengers -- no doubt some Alberta residents too -- decide to become "members" of the infamous mile high club or, in other words, having sex on an airplane. They may have fun in the moment, but it could also mean possible criminal charges and arranging for a criminal defence team once their feet are back on the ground.

In Canada, that charge could be committing an indecent act. The Canadian Criminal Code indicates that includes everyone wilfully committing an indecent act in a public place where there are one or more people, or anywhere when the intention is to insult or offend any person.  Any sexual act in public is considered indecent and since an aircraft is a public place, those who engage in sex there could be charged.

Drivers license suspension or revocation: Stunt driving

No drivers ever seem to get in trouble in the movies when they're operating a motor vehicle in a dangerous way. That can include stunt driving. But the movies usually don't depict real life. So, drivers who feel the need for speed and engage in stunt driving in Alberta and in the rest of Canada may find themselves with a drivers license suspension or revocation

Stunt driving is usually defined as driving a motor vehicle in a contest on a roadway while performing a stunt as per a bet or wager. It could also include such things as spinning wheels, drifting, drag racing side-by-side, operating the vehicle from anywhere other than the driver's seat or spinning the vehicle, which is also known as doing donuts. Those types of actions are against the law in all provinces and territories in Canada.

Drunk driving charges: Escaping conviction with a cough candy

In some instances, cough lozenges are the best friends of drivers who have consumed alcohol. In fact, cough drops have had a hand in helping some drivers nailed with drunk driving charges. Some popular cough candies contain sugar alcohols like menthol, sorbitol, xylitol or maltitol. These can increase the alcohol content in the mouth, leading to a higher number when Alberta drivers are administered a Breathalyzer test.

Police have caught on to the tactic and ask those who are chewing on cough drops at the time of the traffic stop to get rid of the lozenge. They wait about 15 minutes afterwards to administer the Breathalyzer test. It is said that any residual alcohol in the mouth evaporates during that time.

Alberta criminal defense: Is a fake firearm cause for alarm?

Anyone who thinks pointing a fake gun at someone as a joke or just for a bit of fun might want to think again before taking aim. Alberta residents who do might find themselves in need of criminal defense. If the person at whom the gun was aimed doesn't get the joke, charges could be forthcoming. Pointing that fake firearm could lead to various charges in certain circumstances.

If the fake piece was used to threaten someone, even if no harm was meant or if it was in fact used in committing a crime, the one brandishing the weapon could face criminal charges. There are, in fact, some replicas that are prohibited by law. They include those that closely resemble the real deal. These fakes are also known in the Criminal Code of Canada as "imitation guns." It is also against the law to sell or give someone a replica firearm, and that includes airsoft guns.

Criminal defense: 4 Alberta residents up on drug, weapons charges

Four Sylvan Lake residents are facing drug and weapons charges after recent search warrants executed on four homes and two vehicles in the municipality located about 150 kilometres north of Calgary. Two men, ages 38 and 55, and two women, ages 29 and 55, were arrested after a two-month investigation by the Royal Canadian Mounted Police.  All four Alberta residents are likely now focused on their criminal defense.

While searching the homes, officers allegedly found oxycodone, cocine and what they believe to be bydromorphone -- all packaged for sale. Police also say they seized more than $2,400 in cash and two shotguns, a loaded handgun along with about 2,000 rounds of ammunition. One of the firearms had been reported as being stolen from out of the Edmonton area.

Criminal defense: Alberta man arrested for carjacking

A 26-year-old man is facing a number of charges after being arrested for armed carjacking. The Alberta resident will need a good criminal defense team to fight the charges. He is facing eight of them – some stemming from using a gun in the incident.

The accused is also charged with robbery with a firearm and possession of a weapon for a dangerous purpose. RCMP say several people were dropped off at a residence. The accused approached the driver of the vehicle and demanded the car keys. While the accused drove away, the driver of the car called police.

Drunk driving charges: Alberta school bus driver pleads guilty

A 42-year-old woman pleaded guilty in court to impaired driving charges. The central Alberta resident was slapped with drunk driving charges after the school bus she was driving crashed into a tree. The bus had young students on board, although no one was hurt.

The woman agreed to a Breathalyzer test, which police say showed twice the legal blood alcohol limit allowed by law. Alcohol was found on the bus after the incident. The woman pleaded guilty to one count of operating a motor vehicle with a blood alcohol level over 80 milligrams. She will be sentenced in November. She was also charged with impaired operation of a motor vehicle, dangerous operation of a motor vehicle and failing to remain at the scene of a collision, but those charges will be dropped.

Child pornography charges in Alberta require criminal defense

A 32-year-old Alberta man is facing child pornography charges. The Sherwood Park resident and former camp counsellor is likely focused on his criminal defense in order to fight the charges. The man's residence was being operated as a day home by his mother, though police acknowledge that no children there were harmed.

The man once worked as a counsellor at a camp for teens located about 40 kilometres outside Edmonton. Police say they began investigating the man this past July when they were given information by the U.S. National Center for Missing and Exploited Children regarding an internet user in Alberta who was uploading child pornography. Reportedly, that is when the Alberta Law Enforcement Response Team's (ALERT) child exploitation unit began its investigation.

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