Within days of being in effect, Ontario’s new alcohol ban for drivers 21 and under has resulted in five suspended licenses and one application to the Supreme Court for an amendment based on age bias.

Drivers holding G1 or G2 permits in the graduated licencing system are already restricted to a zero-alcohol blood level restriction and as of August 1, 2010, Ontario requires all drivers under the age of 22 to adhere to this policy.

The province amended their youth driving legislation in response to a campaign led by Tim Mulcahy, who lost his 20-year-old son to a 2008 car crash caused by drinking and driving. (Source: TheStar.com)

Under this new law, even trace amounts of alcohol found in the blood will result in penalties including an immediate 24-hour licence suspension, an extended 30-day suspension and up to $500 in fines. A third violation could mean loss of driving privileges altogether.

While critics claim the law violates the Charter of Rights and Freedoms because it is based on age, the Ministry of Transportation says the age restrictions are based on statistics. From CBC.ca:

“drivers between 19 and 21 are nearly 1½ times more likely to be involved in fatal drinking-and-driving accidents as any other age group. In the last decade, 235 drivers under 21 have been killed in alcohol-related collisions in the province.

“There’s been too much bloodshed, too many injuries, too much death,” [Sgt. Tim] Burrows [of Toronto Police] said. “Any amount of alcohol is too much when you’re driving a car.”

MADD Canada also claims drivers between 16 and 24 account for 33 per cent of deaths caused by drunk driving across the country. (Source: GlobalToronto.com)

Despite the statistical argument for the 21 and under alcohol ban, and although he disagrees with drinking and driving, Kevin Wiener, a 20-year-old business student, is contesting the new law. From MacLeans.ca:

“…people who are old enough to serve in the military, perform jury duty and elect governments are mature enough to decide if they want a drink with dinner.

“Statistics show that male drivers, for example, are more likely to get into certain kinds of accidents, but I think we can all agree that we would never see the government apply legislation selectively to one gender or race or national origin because of statistics,” he said.

“They seem to think it’s OK to do so for age. Maybe that’s because young people aren’t as likely to vote.”

The law needs to be changed to ban all inexperienced drivers from having any alcohol in their systems, but also to remove the alcohol ban on young drivers 21 and under, said Wiener.”

Mr. Wiener wants the Ontario government to follow Manitoba’s law which prohibits all first-time drivers from drinking for five years under their graduated licencing system.

If you are facing an alcohol related charge, do not hesitate to contact the professionals at Legal Action for a free assessment of your case.

Do you agree with Kevin Wiener or with the statistics?

Were the Toronto police granted extra powers for the G20 Summit, or weren’t they? Conflicting evidence from politicians and citizens caught in the crossfire cause confusion and debate.

Photo Courtesy of Emmanuel Lopez

The G20 Summit in Toronto took place June 26-27, 2010. One day before the event began, the Toronto Star announced there had been an arrest made under a new regulation the province secretly passed on June 2, 2010, providing police the power to arrest anyone within 5 metres of the G20 security zone who refused to identify themselves or agree to a police search.

This amendment to the Ontario’s Public Works Protection Act was not debated in the Legislature and kicked into effect on Monday, June 21, four days prior to the summit. While the new regulation appeared without notice the week before on the province’s e-Laws online database, official public notification in The Ontario Gazette wasn’t scheduled until July 3 — one week after the regulation expired.

From the TorontoStar.com:

“It reminds me a little bit of the War Measures Act,” said lawyer Nathalie Des Rosiers of the new regulation. Des Rosiers is a lawyer with the Canadian Civil Liberties Association, which has been working to monitor arrests during the summit. “This is highly unusual to have this declaration done by order-in-council without many people knowing about it.”

The amendment empowered “guards” appointed under the act the ability to demand identification and search anyone coming within five metres of the security fence perimeter. Those who refused to comply to police requests faced arrest and, if convicted under the regulation, up to two months in jail or a $500 maximum fine.

Read the rest of this entry »

Saturday, May 1, 2010, marked the initial stage for implementing Ontario’s controversial 13% harmonized sales tax. Critics maintain it’s a tax grab which will greatly affect the average family’s buying power. Proponents believe it’s an economic catalyst which will boost Canada clear from the recession.

In December 2009, Ontario passed the Liberal-proposed HST legislation to increase the cost of 17% of all goods and services previously exempt from the provincial sales tax.

As of July 1, 2010, consumers purchasing items and services, such as vitamins, gas, haircuts and Christmas trees, will be paying a combined provincial sales tax (8%) and federal sales tax (5%).

Softening the blow to taxpayers, the government cut personal taxes this year as of January 1, 2010, and promises a “transition” cheque of up to $1,000 for some families starting in June.

Premier Dalton McGuinty maintains this is a business-friendly decision which consumers will notice in a bigger job market.

From TheStar.com:

“We’ve indicated that one of the most important reasons why we’re going ahead with our package of tax reforms is to create 600,000 more jobs,” the premier said, citing a study showing the HST will “produce $47 billion more by way of investment in new business” in the coming years.

Last week, some companies and Revenue Minister John Wilkinson advised consumers to make certain purchases before Saturday, May 1, 2010, to avoid paying both taxes. (Source: cbc.ca) As per this initial transition stage, items which will be used after the law is in full-effect in July, such as theatre packages, airplane tickets and gym memberships, are now subject to the HST.

Liberal opposition members, like NDP Leader Andrea Horwath, has said the revenue minister’s consumer advice to “beat the tax” is an admission that the HST is going to cost families more than they can afford.

What do you think of Ontario’s new HST? Will the pain of higher costs at the cash register be the means for the greater good of the province?

In an effort to uphold constitutional rights, Ontario’s highest court recently ruled those charged under the street racing law will have a chance to defend themselves in court before receiving jail time.

Since its inception in 2007, we’ve been keeping you up-to-date with the many issues arising from Ontario’s new stunt driving legislation. The latest news included two separate acquittals by judges who ruled that the stunt driving law is unconstitutional.

Several weeks ago, the Ontario Court of Appeal overturned those rulings and decided speeders going over 50km over the limit can be lawfully charged with what is characterized by as “aggravated speeding.”

From The National Post:

The stunt racing law was originally billed by the Ontario government as part of a crackdown on street racing. When it was passed into law though, the offence included fines and potential jail terms of up to six months in custody simply for driving more than 50 kilometres over the limit.

The courts have previously interpreted speeding as an “absolute liability” offence, which means someone charged is not allowed to present a defence. The Supreme Court of Canada has ruled that it is unconstitutional for an offence to include the possibility of jail, when there is no right to a defence.

The Court of Appeal ruling distinguished between the amount that someone is accused of speeding.

If a driver is charged under the Ontario Highway Traffic Act with speeding of up to 50 kilometres over the limit, it will still be an “absolute liability” offence, since the penalties are fines and not potential jail terms.

But if the charge is stunt driving, then a driver is entitled to present a “due diligence” defence, that reasonable steps were taken to speed by less than 50 kilometres.

The Court of Appeal has ordered a new trial for Jane Raham, the stunt-driving granny who was acquitted back in November, 2009. At her new re-trial, Ms. Raham will have the opportunity to explain why she was speeding and possibly avoid jail time.

Several examples of acceptable defences for stunt racing may include pulling out into a passing lane for a few seconds or providing evidence of a malfunctioning speedometer.

If you’ve been charged with stunt racing, you have the right to defend yourself. Hiring an experienced legal professional to represent you at your day in court will increase the odds of reducing or nullifying your fine and save you from jail time.

Contact one of our paralegals today for a free consultation.

You’ve heard of road rage, what about commuter craze? In today’s post, we report how a Toronto area woman succumbs to her anger and throws her hot coffee at a fellow commuter.

The incident took place in Union Station, Toronto, as commuters rushed in every direction to get to work. Elementary school teacher, Michael Beline, and Sales Representative, Christine Bedford, were heading in the same direction to catch the GO train.

From the Metro:

“Suddenly, the two strangers were together in the crowd. Beline thinks he may have cut ahead of her. The next thing he remembers is her angry voice, saying, “Don’t you f—ing cut me off.” He turned toward the voice and the woman threw the contents of her coffee cup in his face.”

Beline suffered second-degree burns and Bedford pleaded guilty to assault causing bodily harm, a lesser offence than the aggravated assault charged she had originally faced.

“The judge accepted a joint recommendation for a suspended sentence, 12 months probation and restitution of $1,500 — part of which will go to Beline.”

If you’ve been charged with assault, Legal Action can help you avoid jail time and keep a clean record. For a free consultation, please contact one of our qualified, professional and fully-insured Toronto paralegal team today.

Ontario drivers and other individuals seeking legal advice and representation now have more access to the paralegal expertise of Legal Action. On December 9, 2010, Legal Action opened a branch office to serve clients in the North Eastern part of Greater Toronto Area (GTA).

Since 2001, the paralegal team at Legal Action has been providing legal assistance to Ontario residents from their office located in North York on Yonge Street, north of Hwy 401. Click here for a map.

The small paralegal company has grown in that time, and many clients drive great distances for in-person consultations in regards to traffic violations, criminal charges and other paralegal services, such as small claims court.

Founder of Legal Action, Philip Alexiu, noticed the trend this past year and felt the need to be more accessible to his burgeoning clientele:

“We’re excited to provide a more convenient location for our Newmarket, Richmond Hill and Markham clients.” He added, “With all the unusual proceedings, press and confusion revolving around the speed-racing law, we have our work cut out for us.”

New and old clients will benefit in time and travel expenses with Legal Action’s new sister office in Markham. Situated near Hwy 7 and Woodbine Ave, just west of where Hwys 404 and 407 intersect, this is a choice location for clients travelling from all directions. Click here for a map.

The paralegals at Legal Action understand the stress that a potential legal conviction can create for the accused and that even minor infractions can have an enormously negative impact on one’s driving/criminal record, insurance rates and reputation.

Their mission is to ease their client’s burden by acting as a legal guide, demystifying the Canadian legal system and delivering strong and effective results without high-costs and headaches.

If you live in Ontario, are currently experiencing legal troubles and would benefit from a free consultation from a professional, contact one of Legal Action’s fully-insured Toronto paralegals today.