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We’ve hired two summer students

Smith Law Group has hired two Thompson Rivers University law students for the summer. Kyle Hunter has completed his second year of law school, while Jill Wiberg has completed her first year of law school. Over the summer, Kyle and Jill will gain practical experience in criminal law, under the supervision of Brad Smith, QC and Danielle Ching McNamee. “I’m pleased to offer this opportunity to these law students,” said Brad Smith, QC. “For students to immerse themselves in a criminal law office, to learn about the practice of criminal law, is a huge advantage in their journey to become lawyers. They will gain practical knowledge as well as insight into the professional conduct of lawyers.”

The students will attend court to watch legal proceedings and conduct research.

Kyle Hunter gained the best criminal law experience when he summered with our criminal law firm
Kyle HunterJill Wiberg gained the best criminal law experience when she summered with our criminal law firm
Jill Wiberg

Smith Law Group is open

The government recognizes that BC lawyers provide services which are essential to preserving life, health, public safety and basic functioning of society. As BC lawyers, Smith Law Group is proud to do our part to continue to provide essential services which British Columbians have come to rely on in their daily lives.

Smith Law Group continues to help people who are under investigation or facing criminal charges. Our offices are open during the COVID-19 pandemic, although we are operating differently. Rather than meeting clients in person at either of our downtown locations, client meetings now occur using video-conferencing technology, or by telephone. Our whole team is working Monday to Friday, 8:30 a.m. to 4:30 p.m.

In addition to moving to video-conferencing technology and telephone meetings, we are limiting the number of staff in our office, and maintaining physical distancing between staff who visit the office. We have also implemented other safety procedures, such as increasing the frequency of office sanitizing. Walk-ins are on hold until further notice. If you would like to to visit us, please call ahead so we can make arrangements that maintain your safety and that of our staff.

Together, we will get through this. We thank you for your understanding as we adjust to new ways of serving clients. Stay safe!

Quarantine and the Law

With the worsening of the COVID-19 pandemic, any of us could end up in hospital, but could we also end up in jail?

As reported by local media, a woman in Quebec infected with COVID-19 was arrested by police after she didn’t remain indoors. In Quebec, police will be ordered to arrest people who have the virus but who aren’t self-isolating. In Ontario, provincial police are warning people about fines for refusing to limit social gatherings or close certain businesses.

Closer to home, in Surrey, BC, we have seen media reports that a Bikram yoga studio lost its business licence for continuing to offer classes after being ordered not to.

Quarantine Act

It may surprise people to discover that Canada has a Quarantine Act which was designed to help prevent the introduction and spread of communicable diseases. Some of what the federal law includes, are:

  • Fines of up to $1 million dollars or 3 years in jail for causing “a risk of imminent death or serious bodily harm to another person while willfully or recklessly contravening the Act or the regulations.”
  • The federal Health Minister may create a quarantine station anywhere in Canada and can designate any place in Canada as a quarantine facility. The person whose place is so designated will be compensated for the use of it.
  • Travellers must answer screening questions – all questions – and answer truthfully or they can be isolated. Travellers who refuse to be isolated can be arrested.
  • People who report on others to screening officers, quarantine officers, or environmental health officers can ask that their own identity or characteristics that may identify them, not be disclosed to their employer or to the person they informed on.

If you’re active on social media, you’ve likely seen images or videos of people in large gatherings, in spite of public health orders for us to social distance.

Please do your part. Follow the advice of professionals, and let’s stay healthy!

Danielle Ching McNamee joins Smith Law Group

Kamloops criminal defence lawyer Danielle Ching McNamee
Danielle Ching McNamee joined Smith Law Group in December 2019. Danielle is a top-ranked recent graduate of TRU law school who clerked with the Supreme Court of BC and articled with a prominent Kamloops law firm. She is a strong addition to the office and will work closely with senior criminal lawyer Brad Smith, QC to accomplish outstanding results for their clients throughout BC.

Danielle is focused on building a practice through helping clients resolve their criminal law problems.

Brad Smith appointed Queen’s Counsel

Kamloops criminal defence lawyer Brad Smith, QC
We are delighted to announce that Brad Smith, founding lawyer of Smith Law Group, has been appointed Queen’s Counsel, commonly known as QC. The QC designation formally recognizes exceptional merit and contribution to the legal profession. Each year the Queen’s representative in BC, the Lieutenant-Governor in Council, confers the QC designation on a small number of BC lawyers after a rigorous review process.

“I feel grateful to receive this honour,” said Brad. “I also feel grateful to be a member of the legal profession and to have the opportunity to serve my clients, community and society through the practice of law.”

Various Commonwealth countries appoint lawyers to the QC rank of “Her Majesty’s Counsel learned in the law.” In BC, candidates for the QC designation must be current members of the BC Bar for at least five years. They must also demonstrate professional integrity, good character and excellence in the practice of law.

Congratulations, Brad!

Revenge porn

“My girlfriend shared nude photos of herself with me while we were dating. She broke up with me out of the blue yesterday, and now I want to get back at her. If I post those nude photos to the Internet, could I get in trouble?”

It’s easy to share photos and videos online – and there are so many social media platforms to share them on. However, sharing intimate images of another person without their consent, can land you in trouble with the law.

It doesn’t matter if you took the photos or videos yourself and the person consented at the time. If you share it with others without the subject’s consent when you do so, it’s a crime.

It’s a bad idea

What you’re thinking of doing is known as revenge porn. Most commonly, revenge porn is a way to get back at an ex-partner for leaving a relationship. It’s often done to embarrass or hurt someone and their reputation. But unfortunately, your revenge porn post could give you an unhappy ending.

Dealing with intimate images without consent can land you in big legal trouble! The list of prohibited activities which can see you sent to jail includes publishing, distributing, selling, making available and advertising. If convicted of a revenge porn offence in Canada, the maximum sentence you could receive is five years in prison. Even worse, if you share intimate images of someone under the age of 16, you could also be charged with distribution of child pornography.

If you’re tempted to hit send, hit delete instead

If you have intimate images of someone, the best way to avoid temptation to engage in revenge porn is to delete them from your devices. That way, the images can remain a memory, not end up as evidence used to convict you of serious criminal charges.

When to consult a lawyer

If you have shared intimate images of someone without their consent, you may already be under police investigation. Don’t wait until the police come calling! Protect yourself by calling an experienced criminal lawyer and get legal advice.

Client not guilty of first-degree murder

Brad Smith had a big win in BC Supreme Court in Prince George this year. He acted for a client accused of first-degree murder of another man. Brad’s client was found not-guilty of first-degree murder and guilty of the lesser charge of manslaughter.

Heavily reported in local media, the trial ran from October 2017 to February 2018 and involved more than 80 witnesses. This criminal law trial is not yet over though. Brad’s client awaits the judge’s sentencing decisions, scheduled for later this summer.

Read about the case

Charged with a sexual offence?

As a criminal defence lawyer, a large part of what I do involves protecting the rights of people who are being investigated or have been charged with a sex offence. Unlike most other types of criminal cases, sex cases involve people – mostly men – from all walks of life. Often the accused are men who have been falsely accused by someone they may have had sexual contact with and now they find themselves under investigation or accused of things which can destroy their families, wreck their careers, and stigmatize them in the community.

For the person who has been accused of a sex crime the stakes could hardly be higher.

If you’re convicted of a sexual offence in Canada…

  1. Depending on the offence, you could be looking at a mandatory minimum jail sentence.
  2. You will have to register on the federal sex offender registry.
  3. You will not be eligible for a record suspension (formerly known as a pardon).

If you believe that you might be investigated for or charged with a sex offence, you need to get a criminal defence lawyer with experience defending sex cases on your side right away.

Experience counts

My experience with sex cases includes defending clients who have been charged with:

  • Voyeurism
  • Sexual interference
  • Invitation to sexual touching
  • Sexual assault
  • Possession and production of child pornography

I can help you. Call me today.

What you need to know about record suspensions (pardons)

Is a criminal record dragging you down? We can help you navigate the process of applying for a pardon (now called a record suspension). After we’ve assessed your eligibility, we’ll help you gather the required information and advocate on your behalf wherever possible throughout the application process. Considering what’s at stake, you’ll discover our fees are very reasonable. Contact us today to get started on the process for getting your record suspended.

Reasons to apply for a record suspension/pardon

There are many important reasons to apply for a record suspension/pardon. Maybe you’re finding that a criminal record is closing the door to good job opportunities or international travel. Or maybe you just feel like you need to wipe out the record of a past mistake in your life.

Some criminal records can be set aside

The good news is that a criminal record doesn’t have to be permanent. In some circumstances, you could be eligible for a record suspension. You may be eligible for a record suspension if you:

  • Were convicted of a criminal offence;
  • Have completed your sentence; and
  • Can show that you are a law-abiding citizen.

What is a record suspension?

A record suspension, which used to be called a pardon, takes your criminal record out of the national police database called the Canadian Police Information Centre. It doesn’t erase your record but instead sets it aside. When people search the database, neither your criminal record nor the record suspension will come up.

Applying for a record suspension if you are living in BC

You do not need a criminal lawyer to apply for a record suspension. However, working with a criminal lawyer may best help you navigate the process, especially in BC. Recent cases in this province have changed the rules around record suspensions for people living in BC.

We can help you navigate the record suspension process. Contact us today to get started.

Information resources

You can read more about record suspensions on the Government of Canada’s website. Read more

The Government of Canada’s self-assessment tool may help you find out if you might be eligible for a record suspension or pardon. Search for “Record Suspension Self-Assessment Tool” on their website. Visit the Government of Canada website

Why I sponsor Law Week

Almost everyone at some point in their life comes into contact with the legal system, whether they are charged with an offence, handed a ticket, have a will made up, or sign a contract. The law affects us all. The more that people know about the law and their rights, the richer we are as a society.

I’m proud to sponsor Law Week. I want to contribute to public education about the important role of lawyers and judges in the justice system.

What is Law Week?

Law Week was created by the Canadian Bar Association in 1983, as an annual, national event to celebrating the signing of Canada’s Charter of Rights and Freedoms. Public events are taking place this month throughout BC, including mock trials, courthouse tours, question and answer periods with judges and lawyers, K-9 unit demos, and more.