Criminal Law

Pre-trial lockdowns now a factor in sentencing, says Handlarski

Time spent in lockdowns at an Ontario detention centre is rightfully becoming a significant factor in sentencing, Toronto criminal lawyer Ryan Handlarski tells the CBC. Read more

Analyzing constructive or destructive approaches to cross-examinations: Smith

Lawyers should consider using either a constructive or destructive approach when cross-examining witnesses, says Toronto criminal defence lawyer Tyler Smith. Read more

Feds' new laws will undermine rights of an accused: Smith

In a "misguided" attempt to fix the criminal justice system, the federal government is on the verge of undermining the fair trial rights of defendants, says Toronto criminal lawyer David Smith. Read more

Dad furious, PM rapped over transfer of girl's killer to healing lodge

The father of a raped and murdered eight-year-old girl said on Wednesday the transfer of one of her killers to a prison ``healing lodge'' has sparked widespread anger and needs to be reversed, while the federal government said it would review the decision. Read more

Pot smokers should proceed with caution post Oct. 17: Izadi

Canadian cannabis consumers should be cautious after marijuana laws change Oct. 17 because new police powers and the validity of impairment testing equipment both have yet to be tested in court, says Toronto criminal lawyer Melody Izadi. Read more

Charges for virtual crimes growing in digital era

It may be fun and exciting for couples to photograph each other during intimate moments, but Ottawa criminal lawyer Céline Dostaler says those who do run the risk of facing criminal charges if the photos are published online. Read more

Dale testifies on Bill C-75 before parliamentary committee

In recent testimony before a House of Commons Justice Committee, Toronto criminal lawyer Laurelly Dale said the elimination of preliminary hearings, as proposed by the federal government's Bill C-75 , would obstruct the administration of justice. LISTEN @ 15:58 Read more

Appeal court urges province to fix transcript fee confusion

The Ontario Court of Appeal has issued a rare call to action to the provincial government to settle confusion over transcript fees, Toronto criminal lawyer Richard Litkowski tells The Lawyers Daily . Read more

Privacy expectations and the ‘electronic conversation’

By Jessica Zita . What happens to your texts once sent? Are they yours? Do you have a right to them? Read more

Will police test you for drug-impaired driving?

By Joseph Neuberger . Soon, you may be asking “What is my nanogram count?” if you decide to drive after using cannabis. Read more

Decriminalization of impaired driving a ‘road to tyranny’

British Columbia’s effective decriminalization of impaired driving has not turned into the road-safety nirvana some assumed it would, Calgary criminal lawyer Greg Dunn tells AdvocateDaily.com. Read more

Writing the book on Canada’s flawed dangerous offender laws

Canada’s dangerous offender laws will be scrutinized in a forthcoming textbook co-authored by British Columbia criminal lawyer Dr. Gary Botting , who says a clause-by-clause analysis will support his arguments that important changes are needed to that part of the Criminal Code. Read more

Pair of SCC decisions 'progressive,' in step with the digital age: Zita

A Supreme Court of Canada (SCC) decision likening text message exchanges to a telephone conversation is a “progressive step” which clarifies many murky areas around the right to privacy, says Toronto criminal lawyer Jessica Zita. Read more

‘How much does a criminal lawyer make?’

By Ryan Handlarski . I get asked this question a lot and before I answer, I need to know what you are thinking in asking it. Most people that ask this question are making a logical mistake. The better way of asking this question is to ask: how much does a criminal lawyer make compared to an alternative career that I could actually pursue and be successful at? Read more

Webb to co-chair OBA forensic science panel

Toronto criminal lawyer Melanie Webb will co-chair the Ontario Bar Association’s (OBA) upcoming panel, "Forensic Science and the Law: An Uneasy Coexistence." Read more