Criminal Law

SCC dissenting voices speak volumes in sexual assault case

It’s significant that the Supreme Court of Canada (SCC) found a trial judge erred in not allowing a line of questioning surrounding the pregnancy of the complainant in a sexual assault case, says Toronto criminal lawyer Joseph Neuberger. Read more

Judges need flexibility to deliver sentence that fits crime

Mandatory minimums lead to an imbalance in the justice system since they remove judicial discretion in sentencing, says Toronto criminal lawyer Sarah Malik, citing a 2018 Ontario Superior Court of Justice case where she helped to convince a judge that three such sentences were too onerous and violated the Charter. Read more

Video evidence must be exact to convict: Hardlarski

Police must exhaust all opportunities to gather evidence and not rely on a videotape of a suspect that might initially seem convincing, says Toronto criminal lawyer Ryan Handlarski, citing a recent case where he secured an acquittal for a youth accused of being part of an armed robbery. Read more

Dangerous driving conviction not automatic in all fatalities

When a driver makes a mistake in judgment that results in a fatality, that action should not be automatically considered dangerous driving, says Toronto criminal lawyer Kristin Bailey, citing an Ontario Superior Court of Justice case where she obtained an acquittal for a man charged with dangerous driving causing death. Read more

Fully staffed prosecution only ‘one-third of the solution’

The addition of more prosecutors is good news for Alberta, and will provide help with the increased caseload facing the province’s criminal justice system, says Calgary criminal lawyer Greg Dunn. Read more

Analysis: Oland acquittal boils down to time of death

The fate of Dennis Oland was ultimately decided by the men working one floor below his father on the night Richard Oland was murdered, says Toronto criminal lawyer Christopher Hicks. Read more

Expert witness testimony key in Charter violation ruling

The defence in a B.C. drug trial has made effective use of an expert witness to demonstrate that a police dog’s behaviour did not justify the search of a man’s vehicle, says Ottawa criminal lawyer Céline Dostaler. Read more

Powerful interpretation of accepted facts leads to acquittal

Building a persuasive defence around a potentially damaging set of facts can be a tricky but effective strategy, says Toronto criminal lawyer Tyler Smith, who recently helped a client gain acquittal on three serious weapons charges. Read more

OBA criminal justice section lets lawyers broaden horizons

Toronto criminal lawyer Melanie Webb hopes to cultivate links across the bar during her term as chair of the Ontario Bar Association’s (OBA) Criminal Justice Section. Read more

Sex assault training bill threatens judiciary independence

It’s a good thing that a bill requiring federal judges to undergo training on sexual assault died on the order table this summer, as it may have compromised the independence of the judiciary if it was passed, says Toronto criminal lawyer John Rosen. Read more

MMIWG report chronicles loss of the ‘forgotten people’

Most Canadians have no idea of the anguish endured by residents of remote First Nations communities, Kenora criminal lawyer Laurelly Dale tells The Lawyer’s Daily. Read more

Not guilty verdict the ‘only’ conclusion in Oland case: Hicks

A verdict of not guilty was the only reasonable conclusion to the second-degree murder trial of Dennis Oland, says veteran Toronto criminal lawyer Christopher Hicks. Read more

Protect record during trial in view of possible appeal

Lawyers conducting a criminal trial should always think about how to protect the record for a possible future appeal, says Toronto criminal lawyer Lindsay Daviau. Read more

Joseph Neuberger's media roundup

Toronto criminal lawyer Joseph Neuberger is frequently called upon by the media to be a trusted source for their news stories, particularly for his focus on criminal law matters. Read more

Fight extradition orders until all appeals exhausted: Botting

It’s always wise to fight an extradition order because you never know what legal hornet’s nest you may be flying into in a foreign country, says British Columbia criminal lawyer Dr. Gary Botting. Read more