Criminal Law

Strong bail application can be crafted even with gun charges

The court of public opinion should not dissuade defence counsel from presenting a vigorous argument for bail in matters involving gun possession charges, says Toronto criminal lawyer Tyler Smith, who recently helped clients gain release pending trial in three such cases. Read more

Media strategy vital in high-profile criminal cases: Leamon

When lawyers handle high-profile cases, it’s essential that they have a clear, consistent strategy for dealing with the media, says B.C. criminal defence lawyer Sarah Leamon. Read more

Extradition order reversed, Botting’s client discharged

Canada’s justice minister has overturned an extradition order against a woman accused of abducting her children after British Columbia criminal lawyer Dr. Gary Botting argued she was placed in a legal catch-22. Read more

Extreme intoxication as a defence has its merits: Daviau

The section of the Criminal Code that precludes an accused from using intoxication as a defence needs to be abandoned, says Toronto criminal lawyer Lindsay Daviau. Read more

The death of picking an impartial jury

By Joseph Neuberger As an adjunct to a previous short piece I penned on Bill C-75, I believe it is important to note another significant blow to our rights in Canada. Read more

Adding prosecutor puts teeth in Alberta farm protest proposal

Proposed legislation to address protesters who trespass on Alberta farms and agricultural land sends a strong message that if you break the law, you’ll pay the price, says Calgary criminal lawyer Greg Dunn. Read more

Police use of genealogy sites without warrants ‘frightening’

The fact that police have access to the genetic building blocks of tens of millions of people in North America through non-criminal DNA databases is “frightening” and requires swift judicial or legislative review, Toronto criminal lawyer Laurelly Dale tells The Lawyers Daily. Read more

More than 15 days in segregation violates Charter rights

An Ontario court has relied on a recent Ontario Court of Appeal decision that found anyone held in segregation for more than 15 days has suffered a violation of their Charter rights, says Toronto criminal lawyer Mitchell Huberman, who acted as amicus curiae — friend of the court — in the matter and helped the accused receive a reduced sentence. Read more

Groundbreaking impaired canoeing ruling a warning to operators

Canada’s first conviction for impaired canoeing will likely lead to more charges against operators of human-powered watercraft, says Ottawa criminal lawyer Céline Dostaler. Read more

Preparation pays off when it comes to sentencing: Griffiths

Getting to know your client is essential in order to frame them in the best light when it comes to sentencing, says criminal lawyer Joanne Griffiths, who recently used that strategy to help a client, facing nine to 12 months in jail, receive a sentence of probation and community service. Read more

SCC confirms privacy rights of outgoing text messages

By Jessica Zita What happens to your texts once sent? Are they yours? Do you have a right to them? The Supreme Court of Canada’s recent decision in Marakah says yes. Read more

Restorative justice most effective way to curtail recidivism

A recent study points to why the criminal justice system is doing such a poor job at deterring crime and reducing recidivism, says Oshawa criminal lawyer Lawrence Forstner, who has witnessed the system fail his own clients. Read more

Rights of sex assault defendants diminished: Handlarski

Amendments to Canada’s rape shield laws are jeopardizing the rights of sex assault defendants by forcing them to ask the court’s permission to use evidence of sexual communications they had with the complainant, says Toronto criminal lawyer Ryan Handlarski, who recently handled a matter involving flirtatious texts. Read more

Room for arguments on privacy issues around internet luring

Even though the Supreme Court of Canada (SCC) ruled against the appeal of a man convicted of internet child luring after corresponding with an undercover officer he thought was a 14-year-old girl, police forces should not automatically assume that all future clandestine online operations will withstand judicial scrutiny, says Toronto criminal lawyer Melanie Webb. Read more

Can art be classified as sexual harassment?

By Sarah Leamon A popular Vancouver nightclub has found itself before the B.C. Human Rights Tribunal for the sexual harassment of female employees. Read more