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Eleanor Funk
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What is Assault?

As Criminal Defence Lawyers, we see different types of assault charges under the Criminal Code.

Assault, in its simplest of terms is: intentionally touching another person without his or her consent. This could be something as simple as shoving another person. There need not be any injuries associated with the actions for a charge of “simple assault”.

A person can be charged with “assault with a weapon” when any type of object is used to apply force (or touch) another person. There need not be any types of injuries resulting from the “assault” in order to make out the offence. Hitting another person with a pillow, for example, or throwing a pillow at another person fit the definition of ‘assault with a weapon’. Driving a car towards a person can be considered “assault with a weapon”; threatening to have a dog attack or bite a person can also be considered “assault with a weapon”.

The type of offence charged and severity of penalty on conviction changes if there are any injuries. “Assault causing bodily harm” can be charged if the injuries are, for example, beyond mere bruising. “Aggravated assault” involves injuries that ‘wound, maim, disfigure, or endanger the life’ of another person.

“Sexual assault” involves any form of non-consensual touching that is sexual in nature. Touching another person on the breasts or buttocks, for example, can satisfy the definition of ‘sexual assault’.

In constructing a strong defence for anyone charged with assault, an experienced criminal defence lawyer will look at a number of factors and complicated points of law, including possible defences of consent and self defence. An experienced lawyer will also explore and consider any mitigating factors that may impact the sentence imposed, if there in a conviction.

If you have been charged with a criminal offence, you need the assistance of an experienced Criminal Defence Lawyer. Contact Eleanor Funk today at 403.681.9788 or email at info@eleanorfunk.ca
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Former Prosecutor Weighs in on New Cannabis Laws

Canada’s new marihuana laws will come into force on October 17, 2018. What the new pot laws will look like, at a glance….

Adults aged 18 years or older will be able to legally (age limits to be set by each Province):

o Possess up to 30 gr of legal cannabis, dried or equivalent, in public;

o Share up to 30 gr of legal cannabis, dried or equivalent, with other adults;

o Buy fresh or dried legal cannabis from provincially licenced retailers;

o Grow up to 4 plants, per household, from licenced seeds or seedlings;

o Make cannabis products (e.g. food and drinks) at home.

Cannabis edible products and concentrates will be available legally about a year after the Cannabis Act comes into force in October (2018).

1 gr of dried cannabis will be equivalent to:

o 5 gr of fresh cannabis (e.g. An adult can possess up to 30 gr of dried OR 150 gr of fresh cannabis);

o 15 gr edible products;

o 70 gr of liquid product;

o 0.25 gr of concentrate;

o 1 plant seed.

New offences and penalties under the new laws:

o Possession over the legal limit: penalties range from tickets with fines, up to max. 5-years jail;

o Illegal distribution: penalties range from tickets with fines, up to max 14-years jail;

o Production beyond 4-plant limit: penalties range from tickets, with fine, up to max. 14 years jail;

o Taking cannabis across Canada’s border: penalties up to 14 years jail;

o Giving or selling cannabis to youth: penalties up to 14 years jail; and

o Using youth in cannabis-related offence: penalties up to 14 years jail.

Impaired driving laws:

o Under the current law, it is illegal to drive while impaired by alcohol or drugs. When police believe a driver is impaired by a drug, they can perform a number of field sobriety tests;

o The minimum penalties for impaired driving start at $1000 fine and 1-year driving prohibition.

Proposed new driving laws:

o Police could demand oral fluid samples (saliva);

o Criminal charges could result from THC levels as low a 2 nanograms (ng) per 1 mL of blood.

If you have been charged with a criminal offence, you need the assistance of an experienced Criminal Defence Lawyer. Contact Eleanor Funk today at 403.681.9788 or email at info@eleanorfunk.ca.
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Happy Father's Day to all the wonderful Dads out there : )
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Celebrating Inspiring Moms Everywhere!
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The Alberta Government is underfunding Legal Aid – and victims of crime will pay

Legal Aid is a government-funded service that allows access to justice to some of Alberta’s most vulnerable citizens. Through Legal Aid, Albertans in some of the lowest income categories have access to lawyers to assist with, among other things, criminal and family court matters. The lawyers that participate in the Legal Aid program offer their professional services, at a rate (or tariff) set by the government – an hourly rate much lower than most would expect to pay for a lawyer.

The Alberta government has, year after year, provided inadequate funding for the Legal Aid program in this Province. In our economic ‘fat times’ and in ‘lean’, the government has chronically underfunded the Legal Aid program. If Legal Aid were a private corporation, it would be bankrupt. If the lawyers who provide services through Legal Aid were employees, they would not have jobs.

Providing adequate funding for Legal Aid is not about putting money in lawyers’ pockets; it is about having a Justice system that works properly – protecting everyone’s interests: accused persons as well as victims of crime. Without a properly funded Justice system, including a properly funded Legal Aid system, the court system slows down; criminal matters do not proceed to trial quickly enough.

We are all quick to feel outrage when very serious criminal matters, like murders and sexual assaults, get thrown out because of court delays. The justice system cannot work when our Governments chronically provide inadequate funding. A fully and properly funded Legal Aid system is essential to the overall functioning of our Justice system. This is the responsibility of our Provincial government – a responsibility that our government has, year after year, failed to meet.

In these days of a chronically slow court system and increased pressure to move matters more quickly through the courts, it is time to demand our government focus adequate resources to all aspects of the Justice system, including Legal Aid.

If you have been charged with a criminal offence, you need the assistance of an experienced Criminal Defence Lawyer. Contact Eleanor Funk today at 403.681.9788 or email at info@eleanorfunk.ca

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The Alberta Government is underfunding Legal Aid – and victims of crime will suffer

Legal Aid is a government-funded service that allows access to justice to some of Alberta’s most vulnerable citizens. Through Legal Aid, Albertans in some of the lowest income categories have access to lawyers to assist with, among other things, criminal and family court matters. The lawyers that participate in the Legal Aid program offer their professional services, at a rate (or tariff) set by the government – an hourly rate much lower than most would expect to pay for a lawyer.

The Alberta government has, year after year, provided inadequate funding for the Legal Aid program in this Province. In our economic ‘fat times’ and in ‘lean’, the government has chronically not provided adequate funding. If Legal Aid were a private corporation, it would be bankrupt. If the lawyers who provide services through Legal Aid were employees, they would not have jobs.

Providing adequate funding for Legal Aid is not about putting money in lawyers’ pockets; it is about having a Justice system that works properly – protecting everyone’s interests: accused persons as well as victims of crime. Without a properly funded Justice system, including a properly funded Legal Aid system, the court system slows down; criminal matters do not proceed to trial quickly enough.

We are all quick to feel outrage when very serious criminal matters, like murders and sexual assaults, get thrown out because of court delays. The notion of “justice being done” includes victims of crimes having their “day in court”. The justice system will not work to meet these interests when our Governments chronically provide inadequate funding. A fully and properly funded Legal Aid system is essential to the overall functioning of our Justice system. This is the responsibility of our Provincial government – a responsibility that our government has, year after year, failed to meet.

In these days of #metoo and #nomore, it is time to demand our government focus adequate resources to all aspects of the Justice system, including Legal Aid.

If you have been charged with a criminal offence, you need the assistance of an experienced Criminal Defence Lawyer. Contact Eleanor Funk today at 403.681.9788 or email at info@eleanorfunk.ca
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The Federal Government sacrifices Charter rights in favour of court efficiency

By Sean Fine - The Globe and Mail

Read full article: https://tgam.ca/2pKAIJb
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Why you need an Experienced Defence Lawyer on your side

Last year, in May of 2017, the Federal Government quietly changed the law with respect to drug prosecutions – making it much easier for the Crown to prove its case against any person charged with any type of drug offence.

In my view, this change to the drug laws is unfair and possibly unconstitutional. The legal argument required to challenge this change to the law is highly technical, and so far, has never been done in Canadian Courts. I am developing a couple of different strategies and legal arguments and am prepared to take on this very technical legal argument in an attempt to reverse the unfairness brought by the new law.

Now, more than ever, if you or someone you know, has been charged with a drug or criminal offence, you will need an experienced defence lawyer in your corner.

If you have been charged with a criminal offence, you need the assistance of an experienced Criminal Defence Lawyer. Contact Eleanor Funk today at 403.681.9788 or email at info@eleanorfunk.ca

https://acalgarycriminaldefencelawyer.ca/about/
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