Criminal Law

Solitary confinement ruling a 'turning point'

An Ontario Court of Appeal decision banning solitary confinement for longer than 15 days is a step in the right direction but more should be done for young people and the mentally ill, Toronto criminal lawyer Jordana Goldlist tells AdvocateDaily.com. Read more

Scruton's client acquitted of uttering threats

In what could be a first for British Columbia, Kamloops criminal lawyer Lisa Mae Scruton successfully argued that her client was not guilty of uttering threats by raising the defence of self-induced intoxication. Read more

You can stand on the other side of humanity and be right

By Ryan Handlarski . For virtually my entire life, I have been in the minority when it comes to thinking. I can remember examples of this throughout my life from the time I was nine years old and liked the song Fight the Power by Public Enemy while most of my classmates liked New Kids on the Block (and thought I was the crazy one!). Read more

Stereotypical portrayals of female lawyers hurt profession

As female lawyers continue to “transform" their profession, it’s time for the media to follow suit and end the stereotypical portrayals of women litigators, and depict more accurate, “empowering” images, Toronto criminal lawyer Jill Presser tells AdvocateDaily.com. Read more

Woman detained for pot use 'was literally taking her medicine'

HALIFAX — A lawyer for a Nova Scotia motorist whose licence was suspended after her saliva tested positive for cannabis says he's planning to launch a constitutional challenge. Read more

Decision on stayed murder charges a must-read: Webb

A decision explaining why a mentally ill man’s murder charge must be stayed because of his treatment in custody should be required reading for all members of the justice system, Toronto criminal lawyer Melanie Webb tells AdvocateDaily.com . Read more

Solitary confinement ruling step in right direction: Handlarski

TORONTO — Ontario's top court has placed a hard cap on solitary confinement in prisons, saying inmates can no longer be isolated for more than 15 days because that amounts to cruel and unusual punishment. Read more

Ruling upholds 'freestanding right' to counsel: Forstner

The Ontario Court of Appeal has issued a decision that strongly affirms that a suspect's right to consult a lawyer is a psychological lifeline when they are detained by police, Oshawa criminal lawyer Lawrence Forstner tells AdvocateDaily.com. Read more

Animal cruelty cases handled by two forces in Alberta

Enforcement officers have more latitude in Alberta when it comes to dealing with animal cruelty cases, Calgary criminal lawyer Greg Dunn tells AdvocateDaily.com . Read more

In criminal proceedings, testimony is evidence

People charged with domestic violence are often surprised to learn that they can be convicted solely based on their partner’s testimony, Ottawa criminal lawyer Céline Dostaler tells AdvocateDaily.com. Read more

Troubling legislation results from 'knee-jerk' reactions

Hashtag activism and the government’s reaction to it have led to bad law, particularly the elimination of peremptory jury challenges, the reduction in preliminary inquiries, and the curtailing of defence rights in sexual assault trials, Toronto criminal lawyer Joseph Neuberger tells AdvocateDaily.com. Read more

Ex-mortgage broker avoids jail time in sex assault, fraud case

After three years of investigation and prosecution for multiple charges of sexual assault and defrauding the public, the imposition of a suspended sentence and probation for three lesser counts of sexual assault has allowed one of his clients to avoid jail and move on with his life, Toronto criminal lawyer John M. Rosen tells AdvocateDaily.com. Read more

Judge 'properly applied' test in sex assault acquittal

The recent acquittal of a Newfoundland man accused of sexual assault is a stellar example of trial fairness rather than a "bold" legal decision, Toronto criminal lawyer Laurelly Dale tells AdvocateDaily.com. Read more

Decoding automated decision-making in the justice system

A day-long conference on the use of automated decision-making (ADM) in the Canadian criminal justice system helped build on the critical work of developing a legislative and regulatory framework around the technology, Toronto criminal lawyer Jill Presser tells AdvocateDaily.com. Read more

Issue of access to justice a major flaw in courthouse scheme

Planned courthouse assignments for the Toronto area could prevent those charged with offences from getting a timely release on bail, restricting access to justice and clogging the court system, Toronto criminal lawyer Roots Gadhia tells AdvocateDaily.com. Read more