Driving without insurance is the vehicular equivalent of smoking: it is simply an extremely dangerous thing to do. If you end up in a collision that you are liable for and you have no insurance, you will end up paying steep fines, going into severe financial duress, and paying for that incident for the rest of your life. That said, being caught driving without insurance does not have to be the end. In fact, you can bounce back from it with the right legal counsel.

In Alberta, being caught driving without insurance carries a fine of between $2,875 to $11,500, depending on the situation. Note that this includes people who are caught doing it for the first time. If you are caught again within a year, there is a mandatory one-year prison sentence. If you are sued by someone who claims an injury or destruction of property as a result of you driving without insurance, you will be held personally responsible, after which you will have a few options.

What Can I Do?

The first option is to contact The Motor Vehicle Accident Claims Program (MVAC). This program was set up by the Justice Department of Alberta explicitly to ensure that victims of uninsured drivers, and the drivers themselves, have access to compensation and representation. MVAC is available to anyone who does not have insurance or who will not be defended by their insurance company. When you use MVAC, they will take care of everything, but by using them, you rescind all control in the matter. You do not have a say in how the case goes and you will still be liable for the decision that is made on your behalf. Many people choose this option or choose to do nothing, in which case you are noted in default and MVAC takes over the case. Either way, you have little say in what happens.

The second option is to hire an experienced, professional lawyer who understands these cases and can help you make the right decisions. By hiring a private lawyer, you will have expert legal advice and will still be in control of much of your defence. You can also build a case by providing information and evidence that MVAC may not consider or request, helping you build a better argument and a more well-rounded defence of what happened. That said, any legal proceedings that involve MVAC have to be approved by an administrator.

Depending on your situation, there is a third choice you have when you are caught driving without insurance, and that is to settle out of court. Depending on the situation, your legal team can help you decide if this is the best choice moving forward in your particular instance. Settling out of court is rarely inexpensive, so choosing to do so requires legal counsel that is on your side and that understands what constitutes a reasonable demand in your given situation.

If you have been caught driving without insurance, you still have options. Be sure to contact the professional, experienced lawyers at McGlashan and MacKinnon. We can help you make the right decisions for your case, allowing you to move on without having the incident follow you around for years, or even decades, to come.

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Be Cooperative

If you are being arrested, the worst thing you can do is be hostile, or speak aggressively to the arresting officers. It may be a head-spinning experience, but you should try to listen to everything they are saying, and answer any personal questions asked of you.

There is value in staying selectively silent, however. Legally, the only things you are obligated to tell a police officer are your name and what you’re doing at that moment. For example, if you’ve been arrested for alleged suspicious activity, anything you say to a police officer could be misinterpreted and later used against you in criminal proceedings.

If you are arrested, let the police read you your rights and then ask to speak to your lawyer. You should never talk to police during an arrest or an interrogation without making a point of asking for legal representation.

Be Still

If you’re being arrested, your fight or flight response may rear its head. Resist the urge to try and leave the situation, and be as calm as possible. If you are treated maliciously, inform the officers they are hurting you, but don’t be aggressive in any manner. Police officers are generally decent during arrests, but they will also protect themselves with force if necessary.

The best thing you can do is be as relaxed as possible in the situation.

Don’t Profess your Guilt

This one might seem obvious, but if you’ve been arrested, don’t automatically profess your guilt (even if you are guilty of something). You may not know the full extent of the police’s investigation, and may find yourself confessing to extra or more serious crimes you didn’t actually commit without even realizing it. Even if you have been involved in some illegal activity, you don’t want to simply hand over a confession without understanding the full extent of the case being brought before you.

Any extraneous information (other than your name, and personal information) you provide to police may be dangerous, and lead to false convictions. You might make some mistakes when explaining your involvement or actions that the police interpret as lies or the officer you speak with may misremember what you say later. Whatever the case, if you’re under arrest, make sure you ask for a lawyer and continue asking until one is made available to you.

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The holidays are a time for cheer, celebration, families and parties. They are meant to create fond memories of the season and the time spent together. What is meant as freedom during the holidays can be taken for granted.

This is especially true for somebody on probation. It is possible to fully enjoy your holidays while on probation. It is extremely important however, to enjoy them without breaking your probation rules.  Breaking probation has severe results that can dramatically change your future and the future of your family. 

Don’t Drink

Even if you are allowed to drink during your probation, try to skip it. Most poor decisions are made under the influence of drugs and alcohol. While sober, you may be fully aware of your probation limitations and rules. These may become convoluted as you consume alcohol. There is typically more alcohol consumed over the holiday than on a regular day. Let your host know that you will not be drinking. If you are not sure of alternate beverages, talk to the host about you being able to bring your own.  A creative juice or pop mocktail always makes a fantastic hosting gift as well as a great drink option for yourself (and others that choose to abstain).

Watch your Company

We’d all like to see our friends and family during the holiday season, but if they are part of the reason you got in trouble in the first place, settle for a phone call or email. Most probationary rules state that you must stay away from company that is considered dangerous or harmful. While you may not consider your friends or family harmful, your probation officer (and the court) might have a different opinion. No matter how much you would like to spend the holidays with certain friends or family members, if they are a bad influence, stay away from them.

Don’t Quit your Day Job

Your probation will include rules around acquiring and keeping a job. It’s very possible that your job will include shift and weekend work, including holidays. If you are scheduled to work over Christmas, try your best not to miss shifts. If you have a conflicting holiday party, let your host know you may be late or absent. The worst thing you can do is abandon your job during the holiday season. Your employers are depending on your accountability and your parole officer is using your job to prove that you can be reintroduced back into a regular routine. As with any job, the longer you remain employed by the same company, the more leverage you will have. Try to schedule your Christmas celebrations around your assigned work shifts.

Do not jeopardise your entire future over rash decisions.  With everything you have been through, it is important to relax and enjoy the holidays, however, it is also important to remember that you have rules to follow. Probation is a privilege, and it is not mandatory. Don’t end this holiday season with bad decisions and regret, instead start your new year with focus and determination.

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So, you find that you are charged with a DUI offense. This will affect your life going forward. From your home life to jobs to relationships – a DUI will change everything, including your employment and travel opportunities.  One of the best things you can do is to seek the help of a DUI Lawyer.  However, not all lawyers are created, or educated, equally.  A DUI will affect your future, so find a lawyer that is qualified for your particular situation.

How do you know if the lawyer you are considering is qualified to handle your case?

Do they know the full extent of the law?

Laws change. It is extremely important to be on top of the current law and changes made to it. There have also been well-known situations of cases being won or lost due to an obscure law that had not been abolished.  When it comes to DUI’s, every angle matters, and the angle that works for you will depend on your own situation.  It will also depend on how well your lawyer is familiar with both you and the DUI laws.  A qualified DUI lawyer will know the full extent of the current DUI laws and how they will apply directly to you.

Do they take the time to listen to you?

It becomes easy to become consumed with a day’s work. A lawyer needs to pay full attention to their current client during the time the client is with them. They need to know their client, their story, and their situation.  Failure to miss the smallest detail can make the difference between winning and losing a case.  A qualified lawyer will take the time to get to know you. They will take the time to explain your options and they will take the time to make sure they do whatever they can to help.

Are they creative?

Law is not always textbook. DUI law is no different. There are set rules and guidelines that must be followed, but sometimes it takes some creative thinking to work them in your favour. A qualified DUI lawyer will have this experience. They will have worked on challenging past cases, giving them the experience to be able to handle yours.

If you are in a DUI situation and need advice and representation, talk to us. The lawyers at McGlashan & MacKinnon are highly qualified in difficult DUI situations.  We care about our clients and we are happy to help. Even if you think that your case cannot be won, talk to us about what we can do. The results may happily, surprise you.  At McGlashan & MacKinnon we truly care about you.

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“It Was an Accident”

Shoplifting generally refers to the theft of merchandise from a retailer or place of business. It is a form of larceny, and can result in criminal charges ranging from an infraction to a misdemeanor to varying degrees of felony charges.

Whether you intended to steal from a retailer or not, claiming that it was an “accident” is a shoplifting defense that will not hold up in court. You may very well have absentmindedly walked out of a store not realizing you were still holding onto a sweater or wearing the scarf you’d tried on. In most cases, retailers will understand if you return the unpaid item with an embarrassed apology; however, some may not and may want to press charges.

Unfortunately, claiming that you shoplifted by accident isn’t a strong defense, whether it’s the truth or not. If you’ve been charged with shoplifting, you need to seek legal counsel as laws can vary considerably in the severity of shoplifting charges and you may wind up with a criminal conviction, a hefty fine, or even jail time.

“I’m Poor”

Why do people shoplift? The noblest shoplifter is perhaps Jean Valjean, the protagonist of Victor Hugo’s 1862 novel Les Misérables who steals bread to feed his sister’s starving children. However, just as Jean Valjean is imprisoned for shoplifting, the courts may not look favourably on someone who has shoplifted, even if they claim that they did so out of necessity.

Claiming that you shoplifted because you couldn’t afford the item is a rather flimsy defense, and most likely will not hold up in court. If you are being prosecuted for shoplifting, you’ll need strong legal counsel to help you strategize your defense. Even if you did steal out of necessity, if you are convicted you could face fines upwards of $5,000 and even have to pay additional court and legal fees.

“I Made a Mistake”

While courts may look favorably upon someone who shows remorse for their actions, legal systems aren’t known for being particularly forgiving. Plus, retailers take shoplifting very seriously, because it can cost them thousands and thousands of dollars in losses each year. The retailer may want to prosecute you to the full extent of the law, so even if you did legitimately make a mistake, chances are you will have to face the consequences of it.

Shoplifting is considered a crime of dishonesty and can seriously damage your reputation or career (cough cough: Winona Ryder) so it’s important to avoid a conviction at all costs.

Most shoplifting cases are resolved without a trial. However, it’s important that people charged with shoplifting seek the counsel of a criminal defense lawyer who will help to make sure no criminal convictions are laid. Having a criminal record for shoplifting – even if it’s a first offense – can be damaging to a person’s future and all-around embarrassing. Claiming that you “made a mistake” is not a good enough defense to hold up in court.

If you’ve been charged with a shoplifting offense, you need professional legal representation.

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A separation or divorce is a difficult process and an emotional time for everybody. This ordeal becomes even more complicated when children are involved. In addition to monitoring their emotional health, you also need to deal with their long-term care and expenses.  Child custody is rarely agreed on by both parties, and very often results in hard feelings, feelings of loss and financial strain when not properly negotiated.  However, there are simple ways to make this a smoother process. When both parties can remember that the primary reason for child custody negations is for the child’s best interest, this understanding can go a long way into making the right decisions.

This is your child, not a tool for revenge

Most divorces leave hard feelings for the opposing parents.  The unfortunate result of this is that the child in the middle becomes the tool used for revenge. There are countless stories about parents threatening to remove visitation rights, or even move as far away as possible.  Your child should never be put into this position. Unless they are in danger, cutting off regular time with the other parent only hurts them, even causing long-term damage.  Child custody should be as respectable as possible. Bearing in mind the complications of travel and their sleep needs, try to be as open as possible allowing as much visitation as possible. It is important that your child sees both parents as much as they are able.

Not everything has to do with money

The idea of child support is to have financial help for the needs of the children involved.  Many arguments and court cases have arisen from spouses claiming large amounts of financial support from ex-spouses who cannot afford it or simply do not want to pay it.  While financial support is extremely important, it is even more important not to forget the reason it exists. TO HELP WITH YOUR CHILD.  There are other ways to help. Work with your ex-spouse to find an agreement that both parties can live and work with.  Perhaps a lower child support is more financially feasible, but extra help with taking a child to and from activities will work.  Extra help with school clothing, taking the child shopping, physically helping with birthday parties, the options are endless.  Yes, financial aid is imperative, but if that aid can be met in other ways as well, work this into your negations, it can be a smoother process for both of you.

Focus on the future, not the past

It becomes very easy to spend your negotiating time fighting over the past hurts and damages. That is not what the purpose of this time is for.  Set aside differences and hurt to focus on the future and what is best for your child.  It is easier to come to a joint conclusion on a negotiation when both parties are focused on a productive outcome, rather than an unsettled past.

Be open and honest

Above all, when you are negating your child care custody, be open and honest. It is the best way to ensure that you are understood and that your child’s best interests are looked after. If you are feeling hurt or bullied, speak up. If you are in financial distress, mention it.  The key factor is to always remember is this is about your child – the child that had no say or no cause towards your separation or divorce.  Put aside your differences with your ex-partner, be honest and discuss options with an open mind.  This is the key to having manageable and successful child custody agreement. When you are ready to negotiate your child custody agreement, let us help you.

At McGlashan & Mackinnon, our seasoned lawyers will work with your specific family situation to find effective and efficient solutions to any legal matters you are facing. Call (780) 437-3030 today.

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Divorce is difficult on many levels: emotionally, mentally and financially. Divorce can result in a great deal of financial uncertainty, and leave both parties with questions about legal fees, child support, and spousal support.

Spousal support can be especially difficult because there are so many variables that determine whether it’s necessary, who pays it and how much. If you’re wondering what your spousal support situation may look like, here are a few factors that will affect the court’s decision.

Where You Live

In Canada, spousal support laws are written in the federal Divorce Act, meaning they apply no matter which province or territory you live in. However, non-divorce or pre-divorce separations, as well as common-law separations, are governed on a provincial and territorial level, so in those cases, your spousal support will be determined by where you live.

Your Income Gap

When both parties have a fairly similar income, and neither has any special expense considerations (such as large, regular medical costs), spousal support likely won’t even enter the equation. Generally speaking, the larger the income gap, the more likely the higher-earning party will have to pay spousal support. Mitigating factors might include one party moving in with a new partner with a high income, or a change of job.

How Your Marriage Affected your Income

Of course, spousal support isn’t just determined by your current income. The court will also look at how your income was affected by your marriage. For example, if one partner put their career on hold to care for the home and children full-time, they are likely to receive spousal support as the marriage caused a direct loss of income.

Child Custody Arrangements

If you and your former partner have children together, custody arrangements will be a major factor in your spousal support arrangements. Child support and spousal support will be considered alongside each other, as they are directly connected.

It’s rare that the parent with primary custody of the children will have to pay spousal support; because the other partner would likely owe them child support, the amounts may cancel each other out. However, almost any scenario is possible. If the parent with primary custody has a significantly higher income, they still may need to pay spousal support, and they may not be eligible to receive child support if the other party doesn’t have enough income to draw from. Of course, it is becoming more and more common for divorced couples to share custody 50/50, so child custody may be a level playing field.

The financial aspects of divorce are confusing and can seem complicated. These feelings are amplified if you attempt to navigate your divorce alone or with little support. That’s why it’s important to have the support of a reliable family lawyer.

If you have questions about spousal support, contact McGlashan and MacKinnon. We’ll help you navigate your way through the challenges to reach a sense of stability and a comfortable, predictable financial situation.

The post Should Your Ex Pay You Spousal Support? The Answer May Surprise You appeared first on McGlashan & Mackinnon.

The Liberal government has made promises to introduce new legislation to legalize marijuana in Canada, but that doesn’t necessarily mean that you can puff away on that doobie without worry. There are still a lot of regulations being generated to control some of the more controversial aspects of cannabis—like controlling availability so children don’t gain access or accidentally consume cannabis that has been baked into pastries, or controlling who is distributing cannabis to limit the possibility of other more harmful drugs being added to it, and measuring intoxication on a substance that seems to have a more individualized effect on people.

What does this legislation mean when it comes to marijuana use? It means there are still laws you need to follow. Here are three all marijuana users should be aware of.

Despite the fact that more and more cannabis shops seem to be popping up across the country, it is important to remember that marijuana still isn’t legal. Cannabis is still considered a Schedule II drug under the Controlled Drug and Substances Act. That means, according to the Department of Justice, that it’s still illegal to produce, distribute, or possess marijuana for any reason beyond an approved medical purpose.

If the bill is approved by parliament as it moves through the legislative process, cannabis could be legalized as early as 2018; however, should that become the case, there will still be strict legislation in place to control the production, distribution, sale, possession, and use of cannabis.

Here are three laws to look out for:

Impaired driving

One of the problems with controlling cannabis use right now is that the substance affects everyone differently, which means impairment may be hard to regulate—but it won’t be difficult to detect. Innovations are already in progress, and there may soon be a breathalyser that can detect marijuana use.

Controlled access

One of the biggest legislation efforts will include controlling access to the drug—that means controlling who can grow the drug, how much an individual can access, and what age that individual needs to be.

Some of the proposed regulations:

• Adults 18 years old and over will legally be able to possess up to 30 grams of legal dried cannabis (or the equivalent in non-dried form). However, individuals must purchase the dried or fresh cannabis (and cannabis oil) from a provincially-licensed retailer (or in some cases, online from a federally-licensed producer). Individuals can still be prosecuted for possessing non-legally distributed cannabis.
• Sharing of the legal cannabis will be permitted, but an individual can be prosecuted for sharing more than 30 grams of legal cannabis, or for sharing the drug with underage individuals.
• An individual may grow up to up to four cannabis plants, but those plants may not exceed a maximum height of 100cm, and the plants must be used for personal use and must be grown from licensed seed or seedlings.
• An individual can make cannabis products (food or drink), as long as organic solvents are not used.

Travel restrictions

It will remain illegal for individuals to travel across the Canadian border with cannabis, no matter the form or quantity.

Criminal penalties will still be in place for those who use or distribute cannabis outside the legal framework. For instance, illegal distribution or sale, possession over the limit, production of cannabis beyond personal cultivation limits, production of cannabis with combustible solvents, or attempting to take cannabis across Canada’s borders could result in penalties ranging from being ticketed to receiving jail time of up to 14 years.

Have you been charged with a marijuana-related crime? Our defence team can help. Give us a call today at (780)-437-3030.

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We’ve all heard the phrase, “this is so fun it should be illegal”—maybe you’ve even used the phrase once or twice yourself—but what if that super fun summer activity really is illegal? Here are three summer activities you should probably avoid this summer, especially if you didn’t even know they were illegal.

Are you going to wear that?

There are a number of activities that are, in fact, legal—just as long as you mind your dress code while doing it. Of course, there are some areas of the world where rigid dress codes (particularly for women) are to be expected, but the whole burkini debate may have nothing on some of the more unexpected dress code laws out there. You might want to double check the laws of your vacation destination—or even your home town before you head out on the town this summer; the restrictions might surprise you.

For instance, in Russia, Belarus, and Kazakhstan (according to 2013 regulations), lacy lingerie is banned—unless it contains at least 6 per cent cotton. If your travel plans include these locations, you’d better double check the tags on those undies. But that isn’t the weirdest dress code law out there. In Illinois, Alabama, and Louisiana, it is illegal to wear sagging pants that reveal too much skin or underwear (that trend is a bit outdated anyway, but in case you were planning to bring back the late  90s, you might want to avoid vacationing in those states). In Carmel, California, it is illegal to wear stilettos—or any heels over two inches in height—without first obtaining a permit, and Instagrammers and Snap Chatters beware: if you post a photo of yourself that reveals a hint of underboob in Thailand, you can land yourself up to five years in prison.

How’s the TV programming near you?

For those of you who would rather avoid all the travel and tourism and stay home watching TV, you may find the dress code restrictions a bit more relaxed, but you still might not be out of the hot water when it comes to the law. For instance, did you know that it is actually illegal to watch Doctor Who in China—or any program that features time travel, for that matter—so if you are planning a trip to see the pandas this summer, you’d better be sure to double check what you have queued up on your playlist.

The penny drops

Who doesn’t remember scrounging about in the couch cushions as a kid, searching for any loose change possible so you could walk to the store to get an ice cream bar, Mr. Freeze, or a chocolate bar? Well, we’ve gotten a bit far from the penny candies of old, and that means you need to start watching how much change you scrounge for. In Canada, it is actually illegal to pay using too much change. It’s against the law to pay using more than 25 pennies, 100 nickels or dimes, or 20 toonies. So the next time you are stuck in line at Tim’s behind some little old lady who has decided to dump out her coin collection to pay for her Double Double, her breakfast bagel, her 50 pack of Tim Bits, and her dozen donuts, you could actually turn her over to the fuzz for it.

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It Won’t Be Easy

Whether the split with your partner was relatively amicable, all divorces come with some degree of stress, whether it be emotional, psychological or even financial – or a combination of all three. Divorce is difficult at the best of times, so prepare yourself for a rollercoaster ride of emotional highs and lows. Surround yourself with good friends, and try to keep yourself busy so that you can cope with your divorce in positive and constructive ways. While you may need to take some time for yourself away from family and friends, it’s important that you stay connected to your support networks, as feelings of loneliness and isolation are typically high in the initial stages of the divorce process.

Expect the Unexpected

When it comes to divorce, it’s hard to know what to expect. You may see a side of your ex-partner you’ve never seen (or wanted to see) before, and vice-versa. People react to divorce in very different ways, so let yourself feel the full spectrum of your emotions (though use your intellect to decide on which emotions to act on). You’ll also need to recognize – and accept – that many things will be out of your control. For example, if you’re involved in a high conflict divorce, the family courts may not decide on a favorable outcome for you, or they may make decisions you didn’t foresee.

You will also likely experience various and conflicting emotions, ranging from relief to grief to excitement to regret to sadness and anger to contentment. Experiencing a range of emotions and thoughts is very common, so don’t beat yourself up for not feeling  “ok” after or during your divorce.

Your Children Will Be Affected

If you have children, it’s important to recognize that they will also feel the impact of the divorce, perhaps in surprising ways. Keep open lines of communication with your children. If you are involved in a custody battle as part of your divorce, respect the rules of the court as per visitation rights, etc., but also try to keep the children as far away possible from any interpersonal conflicts between you and your ex-spouse. Your children will no doubt be affected by your divorce, but you can help minimize some of the negative impact.

Your Attorney is There to Help

Your attorney specializes in divorce proceedings. That means that he or she has experience and expertise working with clients who are going through the divorce process. Listen to your attorney’s advice. Your attorney will help you navigate the legal and financial quagmires that so often accompany divorces. If you continue to disregard your attorney’s advice, however, he/she can’t help you.

You’ll Make Mistakes…and it’s Okay

You are going to make mistakes, one way or another, and it’s okay. Divorces often leave people feeling angry, confused, and hurt. You may make mistakes in the parenting or dating realms, or perhaps you will make poor financial decisions. Some mistakes obviously have higher consequences than others, so it’s important to sound some of your decisions off of people you trust: your close friends, your family members, your therapist or attorney. Don’t be afraid to ask for help during the divorce process.

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