Ottawa Criminal Law Blog

While many drug-related investigations are small in scale and focus on a few individuals, sometimes headlines are made by larger stories. The Ontario Provincial Police (OPP) have recently revealed information about what they say is the largest drug seizure in the history of the OPP. The seizure involved approximately 1,000 kilograms of pure cocaine with a street value of $250 million. Three Canadian men have been arrested on drug charges in relation to this search and seizure.

The cocaine seizure occurred in Orilla, Ontario. The OPP say the cocaine came from Argentina to the Port of Montreal to its final distribution point in Ontario. The three men currently facing drug charges are from the Greater Toronto area, although the OPP say that international elements and Mexican cartels may be involved as well.

The Canadian justice system affects all citizens. This is the reason for large-scale government consultations in the wake of proposed sentencing reforms by the federal government. The online survey asks people in Ontario and across Canada their views on a variety of criminal defense and justice-related issues, including mandatory minimums and mitigating circumstances.

Rather than directly asking Canadians their views on certain issues, the survey presents a series of scenarios and asks respondents what the most just decision would be. Scenarios include how a brain-damaged offender or an apologetic offender with little possibility of re-offending should be considered in a court of law. The survey will be followed up in the coming months with consultations on issues such as sexual assault, mental health, court delays and indigenous issues.

Wait times are a serious issue in Canadian jails. While Ontario says it is reviewing its policies to allow for quicker trials and sentencing,  statistics show that current wait times can be fatal. Of the nearly 270 people who have died in Canadian provincial jails in the past five years, two thirds were awaiting trial. Legally innocent people dying in prisons is a major issue in Canada, where the criminal defense system and tough bail practices have led to overcrowding in jails.

Although authorities will not release the names of the deceased, it is known that the deaths are from a wide range of alleged offenders. Some suffered from chronic mental illness. Some were accused of serious violent crimes while others were nonviolent offenders or people who had breached parole and bail conditions.

In criminal proceedings, rules must be followed on both sides of the bench. Failure to comply with Ontario law in court proceedings can result in a mistrial. This was the case with a recent trial involving drug charges in Ottawa. After a judge privately questioned an investigating officer in his chambers, a mistrial was declared.

An accused person has a right to be at his or her own trial. When the judge questioned an officer privately, he was taking testimony without the presence of the accused in the case. This violation was taken seriously, and a mistrial was called in the Ottawa case.