Category Archive for ‘Did you know?’

Yves Jubinville LLBby Yves Jubinville

Yves Jubinville has a bachelor degree in social sciences with a minor in criminology and a bachelor of law (LLB), from wich he graduated with honours from the University of Ottawa. He also received the prize for the best advocate for the class of 2008. After being called to the Bar in 2009, Mr Jubinville opened his own law firm in the village of l’Orignal across from the criminal court, where he practices exclusively criminal law since.

Mr Jubinville is a member in good standing of the Law Society of Upper Canada, of the Defence Council Association of Ottawa and is the treasurer of the Prescott-Russell Law Association.

Domestic violenceby Yves Jubinville

Domestic type cases are the ones including actual assaults, threats of injury or death and harassment type behavior in a domestic context. These types of offences are one of the most common in criminal court. They often arise in the context of a separation in the couple or a custody battle where custody of children are in issue in family court, making a difficult situation even more difficult.

If convicted of such offences, a criminal record will be created reflecting the offence, jail sentences can be imposed depending on the seriousness of the circumstances surrounding the offence, and most often a probation order will be imposed ordering you to report to a probation officer, undergo counselling for anger management or other as deemed necessary by the court, but also to abstain from having contact with the ex-spouse and possibly the children if they were involved in the altercation. This conviction could then be used against you in family court when comes time to determine the custody of your children.

Drinking and drivingby Yves Jubinville

The charges relating to drinking and driving in Canada are separated in two categories: Driving while impaired and driving with a blood alcohol level superior to 80 milligrams of alcohol in 100 millimeters of blood. The impaired driving section specifies that it is illegal to drive while your abilities are impaired by alcohol or a drug, and therefore you could be charged of impaired driving for driving after consuming alcohol or drugs, or a mix of both. For either type of charge, there is many legal consequences including a minimum $1000 fine, a minimum 12 months Canada wide driving prohibition, a criminal record, in Ontario the obligation to take a remedial driving program, significant raise in automobile insurance costs and more. The penalties and consequences are the same if you refuse, without a valid reason, to give a breath sample to the police. These consequences will be more severe in accordance with your level of impairment or your blood alcohol concentration, the way you were driving, if one was implicated in a car accident, if anyone was hurt or died as a result of an accident, and also if you have a prior criminal record for similar convictions. Mandatory jail sentences are imposed for a second, third and subsequent offences.

Controlled Drugs and Subtances Act (C.D.S.A.)by Yves Jubinville

The C.D.S.A. is a federal law restricting the use of drugs. The seriousness of offences under this Act depends on the amount and kind of the illegal substance, but also on the use made of the substance, either be it for personal consumption, for the purpose of trafficking, cultivation or importation/exportation. Contrary to general beliefs, cannabis marijuana (pot) is still a controlled substance in Canada and is illegal to possess, in small or large quantity. Our federal government has modified legislation lately to impose mandatory minimum jail sentences for those found cultivating marijuana plants, with a minimum sentence of 6 months of jail for 6 plants or more. Other than marijuana, the C.D.S.A. regulates access and use of many other substances. Not only those it prohibit the use of common known street drugs as methamphetamine (speed, crystal meth), cocaine and psilocybin (magic mushrooms), but also renders illegal the use of medical drugs like morphine and oxycodone (oxycontin) without proper medical prescription.

Criminal recordby Yves Jubinville

Did you know that a criminal record is created by a criminal conviction which arises following a finding of guilt in court, even for a very minor offence? A criminal record will then create several legal consequences affecting your ability to apply and obtain employment, travelling to foreign countries, obtaining different clearances and even prevent you from doing voluntary work. The absence of a criminal record is, now more than ever, a prerequisite to a variety of activities in our lives and making sure you do not have one is most important.

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