Practices Archive - Lockyer Zaduk Zeeh

May 22

Kidnapping

Kidnapping is a criminal offense that involves the unlawful taking or confinement of an individual without their consent. The Criminal Code defines kidnapping as the following:

Oct 24

Lockyer Zaduk Zeeh regularly conducts parole hearings for offenders convicted of all offences including murder. The lawyers at LZZ are successful at securing parole for their clients and ensuring their return into the community. LZZ represents people nationwide who need assistance during their parole hearing. LZZ also provides consultation services to assist those navigating the complexities of the prison system.

Parole Eligibility

An inmate convicted of a crime are eligible for parole after they have served one-third of their sentence, and eligible for statutory release after they have served two-thirds of their sentence. These numbers are determined based on the remnant of the individual’s sentence after they have received credit for pre-sentence custody. For example, if an individual is sentenced to 4 years in custody, but they received credit for 1.5 years, the 1/3 and 2/3 numbers will be calculated based on the remaining sentence of 2.5 years.

The rules differ when deal with a life sentence. Individuals convicted of first-degree murder are not eligible for parole until they have served 25 years of their sentence. For individuals convicted of second-degree murder, the judge will set parole eligibility between 10 and 25 years. The individual would have the right to a parole hearing after 7 years, if they have been sentenced to a life sentence without a minimum period of ineligibility.

Some offenders are also eligible for work release, Day Parole, or Unescorted Temporary Absences. Parole-by-Exception can also be secured in extraordinary circumstances.

What to Expect at a Parole Hearing

Parole hearings are significantly different than other hearings in the criminal justice system. They take place before a tribunal made up of Parole Board members, rather than a judge, and they are typically held at the prison where the individual is serving their sentence.

The purpose of the hearing is to help the Board members assess the risk the individual may pose to the public should they be granted conditional release. Board members determine whether this risk could be managed effectively in the community.

Much of the hearing is devoted to the Board’s questioning of the offender. The offender’s lawyer and parole officer may also make submissions. A victim may present a victim impact statement.

Our Lawyers Succeed at Parole Hearings in Provincial and Federal Institutions

Our lawyers have had great success before both the Ontario Parole Board and Parole Board of Canada. Our lawyers have secured release for the those convicted of the most serious offences, including gun offences and individuals convicted of multiple homicides. LZZ works with offenders to develop strong release plans and to ensure that they are well-prepared for the tough questions asked at parole hearings.

Common Questions Regarding Parole

What is the difference between Provincial and Federal corrections?

Provincial corrections is concerned with offenders who have been sentenced for two years less a day, or less, only. Federal corrections is concerned with offenders who have been sentenced for two years or more.

What is the intake process when you are incarcerated?

Once you have been sentenced, an intake assessment occurs to determine your risk level and needs. After the intake, you will be placed in an institution which meets your security level and a correctional plan will be crafted to suit your needs. The intake will identify your risk factors, your background, and your risks to the institution and correctional staff.

What is the difference between minimum, medium, and maximum security institutions?

Maximum Security: They are the most restrictive institutions since they house those who pose the greatest risk of escape and hence, the greatest danger to society. The buildings are surrounded by barbed-wire fences, and correctional officers are armed and posted in towers or other strategic surveillance locations.

Medium Security: Although medium institutions are fenced, the institution is less restrictive.

Minimum Security: Minimum security institutions are like small communities where inmates live in housing units with no fencing. Inmates’ routines are less restrictive. They can organize their schedule according to the activities they are required to participate in, and often are responsible for their own meals. This creates a sense of responsibility and prepares them for life in the community.

What is a Correctional Plan?

A Correctional Plan is a document that outlines a customized risk management strategy for each offender before they leave institutions on conditional release. This will include courses and programs that must be completed.

What is parole – When am I eligible for parole?

Parole allows offenders to serve their sentences in the community under strict conditions of release and the supervision of a parole officer. If they abide by their conditions of release, they will remain under sentence in the community until their sentence is completed in full, or for life in the case of offenders serving life or indefinite sentences.

Inmates are eligible for full parole after serving one-third of their sentence, or seven years, whichever is less. Different eligibility rules apply for offenders serving life sentences for murder or indeterminate sentences. The fact that offenders are eligible for parole, however, does not mean parole will be granted since the Parole Board would need to grant parole.

What kinds of conditional release are there?

Temporary Absence (Escorted or Unescorted): Temporary releases are granted for medical or humanitarian reasons, or to provide inmates with an opportunity to attend appropriate programs in the community. Unescorted temporary absences from federal maximum and medium security institutions are limited to 48 hours per month (or 72 hours in minimum security). Wardens have the right to grant temporary absences to inmates serving less than five years, while the board deals with those serving longer sentences. Provincial institutions have their own temporary absence policies and programs.

Day Parole: Day Parole provides an opportunity for inmates to participate in approved community-based activities. It may be granted to complete education or training, to take part in community service projects or seasonal work, or to maintain or strengthen family ties. Day Parole may be granted for a maximum of 12 months, but the usual term is four to six months. It can also be extended. Day Parole decisions are made by the Parole Board.

Full Parole: Offenders may be eligible for Full Parole after serving the first third of their sentence. If granted Full Parole, offenders will serve the balance of their sentence under supervision in the community.

What is statutory release – When am I eligible for statutory release

Statutory release, however, is a legal provision that automatically entitles most offenders, who have not been granted parole, to serve the final one-third of their sentence in the community. Offenders serving life and indeterminate sentences are not entitled to statutory release.

When you are released on statutory release, you will be in the community under strict conditions of release and the supervision of a parole officer.

Who makes decisions on parole – Who is the Parole Board?

The Parole Board of Canada is the organization of the criminal justice system that makes independent, conditional-release and pardon decisions, and clemency recommendations. Although your parole officers, also known as your case management team, will provide his or her input on your release, it is only a recommendation that the Parole Board will consider when making their decision.

What factors does the Parole Board consider when making decisions?

Board members assess each case individually in terms of risk and public safety. The Board’s assessment of the risk presented by an offender on parole is based on three major factors:

Criminal history;
Institutional behaviour and benefit from programs; and
Release plan.

Oct 03

Youth Criminal Justice Act

In most situations, the criminal justice system allows for youth to be treated differently than adults when charged with a criminal offence. If a young person breaks the law, they may receive a warning or caution from the police, be referred to a community program, or charged and sent to a youth justice court.

A young offender is an individual between the ages of 12 and 17, who commits an offence under the Criminal Code or the Controlled Drugs and Substances Act. Young offenders are regulated by the Youth Criminal Justice Act. Among other things, the Act lays out the applicable extrajudicial measures, the organization of the Youth Criminal Justice System, judicial measures that the youth justice court may take and provisions for sentencing, custody and supervision. The Youth Criminal Justice Act emphasizes the importance of accountability, rehabilitation and reintegration. The Act seeks to address the root cause of the youth’s criminal behavior and any underlying issues. The Youth Criminal Justice Act recognizes that young offenders have different needs and require different forms of protection and rehabilitation from adults.

If your child is under 18, the police are required to contact you if they are arrested. Upon receiving the call, it is important to call a lawyer as soon as possible. Where the youth has been detained at a police station, it is important for you, along with a lawyer, to be present during police questioning.

The criminal defence lawyers at LZZ have extensive experience successfully defending youths against all types of criminal charges. If you or someone you know between the ages of 12 and 17 has been charged with a criminal offence you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.

Common Questions Regarding the Youth Criminal Justice Act

What is a Notice to Parents?

Under the Youth Criminal Justice Act, the officer in charge is required to give notice to the youth’s parent as soon as possible. If the youth does not live with their parents, or is unsure of their whereabouts, another suitable adult is able to receive the notice.

Can I Attend the Police Station if my Child is Arrested?

Yes, you can and should attend the police station as soon as possible. The police have a duty to tell you if your child has been arrested. A lawyer, parent or guardian, is also able to be present during questioning by police.

Can I Bail my Child out of Custody?

Yes, you can bail your child out of jail if you are found to be a suitable surety. Characteristics of a suitable surety can include, but are not limited to, the following: you have no criminal record, or any outstanding charges, you are not currently acting as a surety for another accused person and the young person has not previously breached their release order while you were acting as their surety.

What Sentences can I get if I am a Youth?

Judges hearing youth matters have a wider range of discretion when it comes to sentencing. The purpose of a youth sentence is to hold the young person accountable for their actions by imposing sanctions that have meaningful consequences for them. The goal of sentencing is to promote the youth’s rehabilitation and reintegration into society. The intention is to craft a sentence that contributes to the long-term protection of the public.

As with adults, when being sentenced, Judges can impose Absolute Discharges or Conditional Discharges, Restitution Orders and Probation Orders. Additionally, Youth Court Judges can impose a Judicial Reprimand, Intensive Support and Supervision, Attendance Orders, Deferred Custody and Supervision, and Intensive Rehabilitative Custody and Supervision.

Judicial Reprimand – is a severe admonishment from a Youth Court Judge that results in no criminal record. It is only used when the Court believes that the youth person has already been held accountable for their offending behaviour.

Intensive Support and Supervision – an alternative option a Judge may impose rather than jail. The youth person serves their sentence in the community and has access to programs that will assist in their rehabilitation.

Attendance Order – this is based on the youth person’s needs and circumstances. A Judge orders the youth to attend for specific counselling or programs that will benefit them.

Deferred Custody and Supervision – not available for particular violent crimes, it allows a youth person to serve their sentence in the community under supervision and with specific conditions.

Intensive Rehabilitative Custody and Supervision – this is a sentencing option that is available for violent youth offenders with a violent criminal record, or youth persons suffering from mental or psychological disorders. Its purpose is to provide the youth with a tailored treatment plan and specific programs that will assist with their rehabilitation.

What are Extrajudicial Sanctions (EJS)?

Extrajudicial sanctions are programs that are completed outside of the courtroom. These programs typically can include some form of community service or counselling. Depending on the severity of charges and allegations, the Crown Attorney may agree to allow the charges to be resolved by way of EJS. There is no guilty plea, but the accused person would make an admission of responsibility for their offending behaviour and agree to participate in counselling, community service or other appropriate sanctions. Upon the successful completion of these sanctions the charges would be withdrawn.

Can a Young Offender be Tried as an Adult?

Under special circumstances, a youth between the ages of 14-18 can be prosecuted as an adult under the Criminal Code, or sentenced as an adult, for certain violent offences. If a youth has been charged with a crime, it is imperative to have a youth criminal lawyer fighting by their side to ensure that they have the best possible defence. In Canada children under 12 years old cannot be charged with a criminal offence.

Are Youth Records Deleted when you Turn 18 Years of Age?

Youth criminal records are NOT automatically erased or sealed once a youth becomes an adult. Often a youth must wait several years from the time they complete their youth sentence for this to happen. This can have lasting effects on a youth’s ability to work and travel.

Should I Retain a Defence Lawyer for my Child?

The criminal defence lawyers at LZZ have extensive experience successfully defending youths. If you or your child has been criminally charged you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.

Youth Criminal Justice Act Blogs

Youth Bail Hearings

Youth Sentencing

Jan 26

Regulatory Law and Professional Discipline

The principles and procedures of administrative and public law that govern proceedings before tribunals in Ontario draw significantly from Canadian criminal law. Also, as in criminal law, stellar oral and written advocacy is the key to success in the administrative law context. Unlike most of the lawyers who practice at large Bay Street firms and take on administrative law cases, LZZ lawyers have a vast amount of trial and appellate experience.

We appear before judges and juries daily. This places us in a distinctly advantageous position – over our Bay Street peers – to represent clients before administrative tribunals. And our results establish this. Our firm has a broad range of experience before administrative tribunals in Ontario, including the Law Society of Upper Canada, the Alcohol and Gaming Commission, the License Appeal Tribunal and Colleges governed by the Regulated Health Professions Act. LZZ represents commercial trucking companies against MTO suspension and seizure orders and the drivers and owner operators of such companies who face prosecution under the Highway Traffic Act.

We have successfully represented lawyers and health care professionals against allegations of misconduct before their regulatory bodies and at the Divisional Court. We frequently represent bar and restaurant owners in liquor license cases and assist individuals and corporations under audit by the Canada Revenue Agency. LZZ has also expanded the scope of its administrative and regulatory law practice to the Ontario Securities Commission.

The criminal defence lawyers at LZZ have extensive experience successfully defending against all regulatory and professional discipline related allegations If you or someone you know has been charged with a regulatory or professional discipline related charge you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.

Jan 26

Impaired / Over 80

DUI is defined as the act of driving while under the influence of alcohol or drugs. There are three main types of DUI offences:

Operating a motor vehicle at or over 80 within two hours of driving
Impaired Driving
Refusing to provide a breath sample

A charge of impaired driving means operating a vehicle (including cars, trucks, boats, snowmobiles and off-road vehicles) while your ability to do so has been compromised by consuming alcohol, drugs, or a combination of the two.

Over 80
For fully licensed drivers across Canada, the maximum legal blood alcohol concentration (BAC) is 80 milligrams of alcohol in 100 millilitres of blood, or 0.08. Driving with BAC at or over 0.08 is a criminal offence with serious consequences and penalties. Some of the consequences can include license suspension, vehicle impoundment, fines, a criminal record and possible incarceration.

Impaired Driving
Those charged with impaired driving do not have to submit a breathalyzer or blood test result. Police can build their case based on factors such as whether drugs were found in the car or whether the person failed sobriety tests during their arrest.

Refusal/Failure to Provide a Breath or Blood Sample
Refusing to provide a breath or blood sample constitutes an offence. If convicted, your driver’s license will be suspended for 12 months.

Penalties For DUI Convictions
A DUI conviction carries mandatory minimum sentences. These are punishments that must be imposed upon conviction. If you are convicted of a DUI, you must undergo the following mandatory minimum sentences:

Mandatory 90-day license suspension
First-time offenders will receive a fine of $1,000.00
Second-time offenders will receive 30 days in prison
Third-time offenders will receive 120 days in prison

Winning your drinking and driving case means: keeping your driver’s license, avoiding a criminal record, protecting against increased insurance costs, preventing problems crossing the US border and preserving your reputation in the community.

Other Driving Related Offences
Impaired and over 80 are the most common types of driving related offences. There are other driving related offences with similar penalties such as:

Dangerous driving
Flight from police
Fail to remain
Criminal negligence causing death/bodily harm

The criminal defence lawyers at LZZ have extensive experience successfully defending against all types of impaired driving related allegations. If you or someone you know has been charged with impaired operation, over 80, failure to provide a breath or blood sample, dangerous driving, criminal negligence causing death/bodily harm, flight from police or fail to remain you should contact a criminal lawyer immediately to help determine the best defence. Call us at (416) 613-0416 or (416) 595-9500 or contact us online for a free consultation.

Common Questions Regarding Impaired Driving and Exceed/Over 80

What Is the Difference Between Impaired Driving and Exceed/Over 80?

Impaired driving (DUI) and excess blood alcohol (‘over 80’) are distinct but related charges.

Impaired driving is focused on the impact that alcohol or drugs is having on the individual. Typically, the Crown will call witnesses who will testify as to the various physical symptoms and driving behaviour demonstrated by the accused in and around the time of driving, such as:

Bad driving (ie. weaving)
A motor vehicle accident
Odour of alcohol on the breath (this alone does not mean the accused is impaired, but merely that she or he potentially has been drinking at some point)
Bloodshot and/or watery eyes (this alone means little)
Unsteadiness, balance problems, walking problems, coordination problems
Slurred speech

‘Over 80’ only deals with the amount of alcohol in the individual’s blood stream. If you provide two samples into a breathalyzer and the result is 80 mg or above of alcohol in 100 ml blood, you will be charged with this offence. It is possible to be charged with ‘over 80’ even though you are not driving impaired.

But I was Not Drinking? – Impaired by drugs

As with impaired driving, if the police suspect that there may be drugs in your body, they are allowed to demand that you perform physical coordination tests to enable them to determine whether further testing for the presence of drugs is warranted.

If the physical coordination tests are done in a manner that provides the police with reasonable grounds to believe that you might be impaired by drugs, or a combination of drugs and alcohol, they are entitled to demand a sample of your saliva, urine, or blood so that they can test for the presence of drugs in your body.

The physical coordination tests are conducted by a drug recognition expert (DRE). A DRE is a member of the police force who has completed special training to be able to properly assess whether a person is impaired by drugs using accepted medical knowledge and standardized field sobriety tests.

The physical coordination tests that a DRE administers must comply with the Evaluation of Impaired Operation (Drugs and Alcohol) Regulations. The regulations outline a 12-step evaluation that consists of the police taking measurements of your pulse, blood pressure, and temperature. The police will also conduct eye examinations, tests for balance, and visual examinations of your exposed body for injection sites. If at the end of the tests the police have gained reasonable grounds to believe that you are impaired by drugs, they are lawfully entitled to demand that you provide them with a sample of your saliva or urine, which will enable them to test for the presence of drugs in your body. In some circumstances, the police may also demand that you provide a sample of your blood for this purpose.

If you refuse to submit to any of the tests that the police officer or DRE demands of you, you will likely be charged with refusal, another criminal offence. If charged and convicted of refusal, you will be subject to a mandatory minimum fine of $1000 and a mandatory minimum licence suspension of one year. If this is not your first impaired driving offence, the penalties can increase, and in some circumstances, you can even be liable for time spent in jail.

I was not Driving – Care and Control

An individual is “presumed” to be in care and control of a motor vehicle “where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle”. This presumption applies unless “the accused establishes that the accused did not occupy that seat or position for the purpose of setting the vehicle… in motion”.

In order to rebut this presumption, typically a person will have to testify, leading evidence of an alternative intention of entering the vehicle such as waiting for a friend to pick them up or using the vehicle for warmth until some alternate means of transportation is available (such as a taxi). There are also potential defences arising out of scenarios which involve “no risk of danger” and “inoperable vehicles” but this area of the law is very technical.

There are a number of defences to the charge of being in care and control of a motor vehicle including: “no risk of danger”, “the alternate plan”, and “inoperable vehicle”; however, every case is unique and will impact which defences are available.

What is a Roadside Screening Device?

A screening device is a machine often used by the police at the roadside to determine if you have alcohol in your body. The screening device is an investigative tool used by the police in situations where they may not have the grounds to arrest you for Impaired Driving or Driving Over 80.

According to s. 320.27(2) of the Criminal Code, if a peace officer has in his or her possession an approved screening device, the peace officer may, in the course of the lawful exercise of powers, by demand, require the person who is operating a motor vehicle to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of that device and to accompany the peace officer for that purpose.

If a device is not in the peace officer’s possession, the officer must reasonably suspect you have alcohol in your body. If the officer smells an odour of an alcoholic beverage emanating from your breath or you have admitted to recently consuming alcohol, the officer will have sufficient grounds to make a demand.

While the screening device measures blood alcohol levels, it only provides three possible results: pass, warning, and fail. A properly calibrated screening device will register a pass when your blood alcohol is below 50 mg of alcohol per 100 mls of blood. Between 50 and 80, the screening device should register a warning. A reading greater than 80 should register a fail, giving the officer the grounds to arrest you for Driving Over 80.

The screening device does not provide proof of the Drive Over 80 offence. It only provides the grounds for the officer to arrest you for Driving Over 80 and make a “breathalyzer” demand. The “breathalyzer” is similar to a screening device but provides your actual blood alcohol measurement. The results of a “breathalyzer” can be used to convict you of Driving Over 80.

If the screening device or “breathalyzer” was not a model approved by Parliament, was not tested or calibrated correctly, or if the officer that operated the “breathalyzer” was not a qualified breath technician, you may have a possible defence to your Impaired Driving charge.

What is a Breath Demand?

If an accused is arrested for impaired driving and/or fails an approved roadside screening device test, the police will then read a breath demand to provide breath samples into either the intoxilyzer or breathalyzer. The accused will usually be brought to the police station. Breathalyzers or intoxilyzers are prepared by a ‘breath technician’ who has been trained to operate these scientific instruments.

Within a two-hour period of the time of driving or ‘as soon as practicable’, the accused will be required to provide two breath samples into the approved breathalyser. The instrument then analyzes the breath samples and provides an actual blood alcohol reading.

What Is a Breathalyzer or Intoxilyzer Test?

Upon arrest, the police officer would then read a ‘breath demand’ to provide breath samples at the police station. Again, this is a completely different situation from an approved screening device demand. It is not necessary for the police officer to go through the approved screening device demand procedure if they have reasonable and probable grounds that the person is impaired upon observation. Merely exuding an odour of alcohol and perhaps bloodshot and glassy eyes would only lead to a “suspicion” that the person had been drinking and had alcohol in their system It would not lead to reasonable and probable grounds that they are impaired or over the legal limit.

A breathalyzer, or its more recent successor an intoxilyzer, is an instrument utilized by police departments to test the blood alcohol level of an individual who has been detained for impaired driving as a result of alcohol consumption. If the maximum blood alcohol limit of 80 milligrams of alcohol in 100 millilitres of blood (0.08) is exceeded, the arrest and charge for impaired driving of an individual by the police will be warranted. The test is also admissible in the event that the individual fails an approved roadside-screening device test administered to them. Unlike the approved roadside-screening device (ASD), the breathalyzer/intoxilyzer test are conducted by a “breath technician” who has been trained to operate the instrument. It is vital that the instrument is managed by a technician as, while it is perceived to be a fairly accurate means of calculating the blood alcohol level of an individual, they are not 100% accurate. In the event that there was a fault on the part of the technician or the machine was not maintained nor calibrated as it should be or the test was not administered correctly, the results of the reading may be affected.

What Happens if I Refuse or Fail to Provide a Sample into an ASD or the Intoxylizer?

If a person refuses or fails to comply with the breath demand by, for example saying “no” or faking blowing, etc., they will then be charged with refusing or failing to comply with a breath demand or providing a breath sample.

To prove the charge of refusal, the Crown will be required to prove beyond a reasonable doubt that the refusal to provide a breath sample or failure to comply was ‘final and unequivocal’. If proven, the defence can raise a ‘reasonable excuse’ for not providing a sample.

Generally, a person who is under arrest should always comply with a demand to provide breath samples. Although there are occasionally exceptions to the general rule, the advice that an experienced DUI lawyer will always provide to a detainee/person under arrest is that they should always provide a breath sample upon demand. It is too risky to refuse to provide a breath sample and hope your case turns out “after the fact” to be one of the narrow exceptions.

Do the Police Need to Conduct an ASD before Arresting me?

No. The police do not need to complete a roadside screening device test before they can arrest you. If the police have reasonable and probable grounds to arrest a person for operation a motor vehicle while impaired, they did not need to conduct an ASD.

An ASD is used to help police establish reasonable and probable grounds. A failure on an ASD, along with other indicia of impairment, would be used to determine if a police officer has the necessary grounds to arrest the individual.

If you were immediately arrested, or arrested after failing an ASD, you can challenge both results. The Criminal Code puts strict limits on police powers when they are investigating impaired driving offences. If they police do not follow these requirements, you can allege that your Charter rights were breached which could lead to the result of the exclusion of your breath sample and your acquittal. Charter arguments alleging breaches of unreasonable search and seizures are common in impaired driving cases.

Common Defences to DUI Charges

Defences for impaired charges can include issues such as the following:

Improper arrest of the accused
Improper reading of the breath samples
Improper collection of evidence against the accused
Violation of the rights of the accused to speak with a lawyer in privacy
Violation of the rights of the accused to have a trial in a timely manner
Mistakes on the part of the arresting officer
Incongruencies in the documentation by the police
The prosecution being unable to prove the case beyond a reasonable doubt

It is the responsibility of the prosecutor and the police to prove that the accused is guilty of the charges against them.

What Happens to my car if I get charged with Impaired Driving related offence?

Once you are arrested for impaired driving, the vehicle you were operating will be towed and kept at the police impound for a period of 7 days.

Note: it is irrelevant that the car was registered to someone else, the car operated by the person charged with impaired driving will be impounded.

After 7 days, the car can be picked up from a police impound. You will be responsible for the fees associated with the storage of the car over the 7 days.

Will I Lose my Driver’s License? – Consequences for Impaired Driving

In Ontario, when you are charged with impaired driving, ‘over 80’, or refusal, you will immediately face the following consequences:

90-day licence suspension
7-day vehicle impoundment
$275.00 licence reinstatement fee

If convicted after trial, or if you pleaded guilty, these are some of the common consequences you will face:

$1,000.00 fine (for first offence), 30 days jail (for second offence), 120 days (for third offence)
Licence suspension of at least 1 year (for first offence)
The installation of the Ignition Interlock Device (at your own expense)
Being required to attend the Ministry of Transportation “Back on Track” assessment or the assessment and the Educational or Treatment Programs
Massive insurance increases
A criminal record (which may limit your employment prospects)
Your ability to travel internationally could be affected
Possible immigration-citizenship consequences

Will my License Still be Suspended Even if I Complete Substance Abuse Counselling?

A mandatory minimum sentence means that neither the Crown nor the Court have the discretion to prescribe a lesser sentence regardless of the upfront work you complete Although the court will commend you for taking steps to better yourself, the upfront work and/or counselling you do will not be able to reduce your sentence to anything lower than the mandatory minimum as prescribed by the law.

How do I Install the Interlock Device?

You will need to contact one of the government-approved interlock service providers to schedule an appointment with them. The companies will also be able to advise you of the cost. You will be responsible for paying the cost of the device.