Criminal Law

SCC ruling not carte blanche for courtroom mud-slinging

A Supreme Court of Canada (SCC) ruling says determining the balance between civility in a courtroom and being an exceptional advocate can be delicate, but it must be based on the merits of individual cases, says Toronto criminal lawyer Melody Izadi . Read more

More than money needed to tackle gun violence: Handlarski

Tackling Toronto’s rash of shootings will take a multi-faceted approach that delves deeper into the social aspects of gun violence beyond the strong arm of the law, says Toronto criminal defence lawyer Ryan Handlarski. Read more

Understanding stigma, bias key to defending domestic assault cases

Domestic assault cases can be among the most complex — and stigmatizing — in court partly because they are not dealt with the same way as common assault, says Oshawa criminal lawyer Lawrence Forstner. Read more

Harsh treatment in remand results in extra credit for time served

A chronic pain sufferer who sold a small amount of heroin to fund his opiate addiction was released from jail after Toronto criminal lawyer Gina Igbokwe argued he had been mistreated while in pretrial custody. Read more

Expansion of ‘rape shield’ law will lead to wrongful convictions: Neuberger

Proposed changes to Canada’s sex assault laws — that would make a complainant’s relevant sexual communications presumptively inadmissible — are a direct attack on an individual’s right to make full answer and defence, says Toronto criminal lawyer Joseph Neuberger. Read more

Justice denied to many because of strict legal aid rules: Zita

More people charged with criminal offences are defending themselves in court, mostly because they can’t afford a lawyer, but Toronto criminal lawyer Jessica Zita says proper legal representation is a must. Read more

Decisions provide guidance on use of reasonable force

Recent jury decisions have given homeowners increased clarity over when and how much force they can use when faced with an intruder in a threatening situation, Calgary criminal lawyer Greg Dunn tells AdvocateDaily.com. Read more

Charged with a sex crime? Call a lawyer, say nothing to police

A person charged with sexual assault should always speak to their lawyer before saying anything to investigators, Toronto criminal lawyer Laurelly Dale says. Read more

Build bridges not mistrust to improve police-community relations: Smith

A harsh response by authorities to the recent rise in deadly shootings in Toronto isn’t necessarily the best way for police to react, Toronto criminal lawyer David Smith tells AdvocateDaily.com. Read more

Presumption of innocence critical in sexual assault claims

The #MeToo movement has seen many high-profile people fall from positions of power, with some facing criminal charges, Ottawa criminal lawyer Céline Dostaler tells AdvocateDaily.com. Read more

Bill C-51 — evidence in sexual assault cases

By Joseph Neuberger . We have seen a significant shift in the criminal justice system over the past two years that has and will continue to erode the ability of an individual's right to make full answer and defence to allegations of sexual assault. The most controversial changes as proposed by Bill C-51 is to automatically exclude relevant evidence in the possession of the accused. Text messages, emails, pictures, video recordings, even thank you cards, that have any content related in any way to "sex" with the complainant will be presumptively inadmissible even though it involves the actual subject matter of the alleged sexual assault. Read more

Mandatory minimum sentence for child luring unconstitutional: Harnett

Toronto criminal lawyer Aaron Harnett says the mandatory minimum six-month sentence his client faces for child luring is unconstitutional and amounts to cruel and unusual punishment. Read more

Fennel lauds man who fought pre-meeting searches by police

Toronto criminal lawyer John Fennel says he appreciates the man who won his challenge of the constitutionality of the Toronto Police chief’s claim that officers could conduct warrantless searches of people before public police board meetings. Read more

A 13-year-old cannot be tried as an adult for murder

It’s rare — though not unheard of — for a serious charge such as first-degree murder to be laid against a 13-year-old, Toronto criminal lawyer Joseph Neuberger tells Global News . Read more

Facing an LSO investigation with counsel is critical: Daviau

Lawyers should never face a Law Society of Ontario (LSO) investigation without counsel, says Toronto criminal lawyer Lindsay Daviau. Read more