Calgary firm brought many areas of criminal law into focus

The Calgary criminal law firm of Dunn & Associates took aim at a number of Criminal Code offences while commenting on ongoing issues that affected Albertans in 2021.

In August, Matthew Deshaye wrote that how the charge of sexual assault is often misunderstood, as it includes any unwanted touching of another person without their consent. The charge of sexual assault is not as simple as it sounds

Anything that can inflict harm can be considered a weapon in the eyes of the law, Greg Dunn wrote in September, noting that an Ontario man was charged with assault with a weapon after throwing hot coffee at another person. Weapons can come in many forms under the Criminal Code

Understanding what is consent

In October, Vincent Semenuk noted that the courts have determined that consent is an ongoing conversation – perhaps non-verbal – between partners to make sure both are comfortable at all stages of physical interaction. “Just because a person allows you to kiss them does not give you permission to grope them or remove their clothing,” he wrote. Consent is a key issue with many sexual assault allegations

The charge of assault can be laid for various actions, Caitlin Taylor wrote that month, and can include asking for money in a threatening manner or attacking someone. Even if there is no physical contact between the two parties, the aggressor may still face assault charges, she said. Understanding what is considered assault in Alberta

Also in October, Dunn discussed what happens when an assault complainant asks police to withdraw charges against an accused. “Once those are laid, only the Crown prosecutor has the discretion to have the charges dropped, even if the complainant has a change of heart,” he wrote. What if an assault complainant doesn’t want to press charges?

If you are charged with assault, the best line of defence depends on the circumstances and the evidence, wrote Semenuk in October. Circumstances dictate which defence is best with assault charges

The rules concerning cannabis use

Later that month, Dunn discussed the various rules concerning cannabis use in Canada, noting that the legal age to purchase it is 18 in Alberta, whereas it is 19 in the rest of the country. What you need to know about cannabis use in Alberta

In November, Dunn criticized a judge in Alberta for excluding unvaccinated people from jury consideration. “A fundamental premise of our judicial system is that juries should always be randomly drawn from the broadest pool of candidates as possible,” he wrote. Jury pools should never be limited, even during COVID

Also that month, Dunn noted that while Albertans are allowed to grow a limited amount of their own marijuana at home, there are regulations governing where it can be planted outdoors since it must be out of sight and inaccessible to others. You can grow marijuana outside, in a discreet location

Defences with drug charges

In December, Semenuk discussed the defences that may be available to those facing drug charges, including instances where police exceed the powers granted by a warrant. Legal defences for those facing drug charges in Alberta

The same month, Dunn wrote that those facing a charge related to the production of any kind of narcotic could be looking at time behind bars upon conviction. A lengthy sentence is almost certain with the production of hard drugs, he notes while those caught running illegal large-scale marijuana grow operations may be imprisoned for a shorter period. The courts come down hard on illegal drug manufacturers

Later that month, Taylor commented on the resignation of the executive director of the police watchdog’s in Alberta, and suggested now is the time for the province to consider how to make the organization more effective. An opportunity to rebuild Alberta’s police watchdog agency