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Know Your Rights! Read Haryett & Company Legal Blog

When you or someone you know has had a brush with the law, familiarizing yourself with the Canadian justice system and other legal matters is important. The experienced criminal defence team at Haryett & Company in Edmonton has compiled some articles to help you learn more about the Canadian legal system so you can better understand your rights.

Browse through our existing posts below and check back regularly for updated legal articles.

If there is a particular legal topic that you would like to learn more about, contact us for a consultation or to suggest an idea for a future blog post.

  • 30/05/2014 0 Comments
    U.S. Phases Out Tough on Crime: Canada Sticks to Its Guns

    A recent report out of Washington indicates that as Canada is bringing in stricter sentencing laws at the same time as the tough-on-crime agenda is easing up in the United States. Despite the auditor general Michael Ferguson’s warning that Canadian prisons are increasingly overcrowded. Ferguson reported that half of Canada’s federal penitentiaries were already running at, or above, their rated capacities.

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  • 05/03/2014 0 Comments
    Affluenza Defence Helps Teen Avoid Jail

    Affluenza’ Teen Avoids Jail, and is Sentenced to Rehab

    Last month, a Texas Judge ordered that Ethan Couch be sent to a rehabilitation facility, rather than sending the teenager to jail. Prosecutors had asked that Judge Jean Boyd sentence the teen to 20 years in state custody on charges related to a crash that killed four people, and left the two survivors seriously injured.

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  • 15/03/2012 0 Comments
    New Provincial Legislation in Alberta

    Even More Concerns Raised by New Provincial Legislation in Alberta

    Another concern raised by the new provincial legislative changes in Alberta concerning impaired driving relates to the procedure and effect of a criminal charge. Currently, the Province of Alberta uses the results obtained from the criminal process to institute a three month licence suspension. Therefore, if a person blows over the legal limit, refuses to provide a breath or blood sample, or is believed to be impaired by alcohol or a drug, the provincial government uses these results to suspend the licence for a period of three months.

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  • 21/02/2012 0 Comments
    Changes to Impaired Driving Provisions

    2012 Provincial Legislative Changes to Impaired Driving Provisions

    The public needs to inform itself of proposed legislative changes to provincial impaired driving provisions. Alberta’s provincial government is proposing a number of changes that has people concerned about individual rights and individual freedoms.

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  • 20/02/2012 0 Comments
    Are you a Criminal?

    This may seem like an odd question to ask. However, the Supreme Court recently released a decision in a sexual assault case that stated an individual cannot consent to sexual touching while they are unconscious. The facts of the case were that two adults were engaged in erotic asphyxiation when the female passed out. Sexual activity continued, activity that she had consented to in advance. However, the accused was still convicted of sexual assault because the Court said that an unconscious person cannot consent to sexual touching.

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  • 14/01/2012 0 Comments
    Huh? Guilty until Proven Innocent?

    Alberta’s new Bill C-26 has a major flaw…it violates one of the basic tenants of justice: Innocence until guilt is proven. Under the proposed legislation, a charge of blowing over the legal limit, refusal or failure to provide a breath sample, or a charge of impaired driving will result in an immediate licence suspension that lasts until the completion of the criminal charge!

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  • 22/11/2011 0 Comments
    BC a Safe Haven for Impaired Drivers?

    British Columbia has recently been applauded for having the strongest administrative penalties in Canada for impaired drivers. Without commenting on how these penalties violate the presumption of innocence, or how they are based on the results from fallible roadside devices, many citizens should be appalled at the real results of these penalties.

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  • 16/11/2011 0 Comments
    Texans Smarter than Canadians?

    What do gun-toting, execution happy, conservative Texans know that Canadians don’t? Texans understand that putting people in jail doesn’t work.

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  • 08/11/2011 0 Comments
    A Good Deed?

    The Sun newspaper in Edmonton recently published an article titled “Snitches do good,” applauding the efforts of individuals calling the police to report suspected impaired drivers. This program in Edmonton is called “Curb the Danger” and is similar to other programs across the country, such as the R.I.D.E. (Report Impaired Drivers Enforcement) program. Whatever the name, the goal of the program is to have concerned citizens report suspected impaired drivers for the police to investigate. A laudable goal, yes?

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  • 27/03/2011 0 Comments
    Police Obligations: Driving Offences

    Police Obligations Upon Arrest or Detention: The Driver of a Motor Vehicle

    In the prior blog entries, you may have read information concerning the powers of the police upon arrest or detention. You may have also noticed the caveat at the end of these posts that the same rules do not apply to the operators of motor vehicles. This post is meant to inform upon police powers in reference to the everyday driver.

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  • 27/03/2011 0 Comments
    Police Obligations upon Arrest

    Police Obligations upon Arrest or Detention

    In the prior blog entry, I discussed the powers of the police in relation to an arrest and investigative detention. This section is designed to advise the public what the police are obliged to do once a person is arrested or detained.

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  • 21/12/2010 0 Comments
    Police Detention & Rights

    Police Detention & Rights in Alberta

    I recently received a message from a concerned individually who stated that her vehicle was pulled over, her boyfriend (the passenger) was arrested, she was detained by the police, her vehicle was searched, and she was required to give a statement to the police. Scared and concerned, she contacted our office looking for some advice, being unsure as to the precise limits of police authority. The following is an attempt to explain, in clear and simple terms, the limits of police authority and the rights of every person upon arrest and detention.

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  • 25/08/2010 0 Comments
    Your Rights: Separating Fact from Fiction

    Every day, people are subject to legal information, mostly from the news. This can come from various sources, such as television, newspapers, or the internet. The source of this information is invariably Government agencies and organizations, such as the police. However, this information is sometimes incomplete or one-sided, and does not fully inform of legal rights and obligations. This section is designed to examine everyday legal issues, and attempt to inform the public of their rights.

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  • 14/08/2010 0 Comments
    Welcome To Kent Haryett & Company.

    Welcome to the first (of many) entries about our firm and the practice of law! Our firm is based in Edmonton, Alberta, and serves the criminal litigation needs of people across Western Canada. Our principle lawyer and owner of the firm, R. Kent Haryett, brings to the table 20 years of criminal defence experience, focusing on negotiation and courtroom litigation. He has represented individuals at all levels of court, and firmly believes that professional and ethical representation is the right of any accused.

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