The separation of church and state in the United States is a foundational principle aimed at ensuring freedom of religion and preventing government entanglement with religious institutions. It is rooted in the First Amendment to the Constitution, which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” These two clauses -- the Establishment Clause and the Free Exercise Clause -- form the basis for keeping government and religion distinct. Historical Background The concept emerged from concerns over the intermingling of church and government in Europe, where state churches often controlled religious life and suppressed dissenting faiths. The Founding Fathers, including Thomas Jefferson and James Madison, sought to prevent similar outcomes in America. Jefferson famously [...]

Now seems like a good time to discuss police reform.  After almost 30 years in the criminal justice system, as an Assistant Crown Attorney and Defence Counsel, I have a few suggestions.

1. Change recruitment philosophy

The police are supposed to serve and protect […]

As I suggested in a previous blog, never plead guilty to careless driving, unless you are pleading down from a Criminal Code offence.  Although a conviction for careless driving is not a criminal record, it does carry serious penalties.  More importantly, […]

Under section 11(e) of the Canadian Charter of Rights and Freedoms, any person charged with an offence has the right “not to be denied reasonable bail without just cause”.  Once a person has been arrested and charged, the police can either release him from the police station […]

Let me repeat what I said in an earlier blog.  In criminal court, a guilty plea is generally given greater weight the earlier it is entered into.  There are three reasons for that.  First, an early plea shows remorse – an indication that the accused is […]

Every police car is equipped with a computerized mobile workstation (“MWS”), aka mobile data terminal (“MDT”).  In seconds, police can learn a great deal about you without stopping you.  How?  By entering your plate in their MWS.  If you […]

I don’t practice in traffic court very much anymore, mostly because the penalties at stake for defendants don’t justify the legal fees.  As a former Assistant Crown Attorney, I once did a six-month stint prosecuting traffic court.  The procedure hasn’t changed much since then.  In criminal court, a guilty plea is generally given greater weight […]

There is no absolute right to silence in Canada.  For example, if you are involved in a motor vehicle accident in Ontario, you may be required to provide details to the investigating officer.  If you are charged for professional misconduct, you […]