Criminal Law

The implications of a criminal record

By John Navarrete . The concept of a criminal record can seem vague. From understanding the difference between a crime and a provincial offence to knowing who may access a criminal record, it is important to be well-informed. Read more

Overcrowded courts a problem here to stay: Gadhia

Despite the construction of a new courthouse in the downtown core of Canada's largest city, the challenges associated with the lack of available space for proceedings will only get worse over time in areas around the municipality, Toronto criminal lawyer Roots Gadhia tells The Lawyer’s Daily . Read more

Jail guards to stand trial for alleged role in death of Ontario inmate

TORONTO — Two guards at a London, Ont., jail will have to stand trial for their alleged role in an inmate's death, Ontario's top court ruled Monday, reversing an earlier decision to stay charges against the pair due to delayed proceedings. Read more

Presser appears before SCC on digital information case

Toronto criminal lawyer Jill Presser is asking the Supreme Court of Canada (SCC) to protect citizens from having their digital information handed over to police by people with whom they share a home. Read more

What are your rights when you are detained or arrested

By Joseph Neuberger . Whatever the circumstances, being arrested or detained by the police is stressful. Regardless of what lead to the situation that resulted in the arrest, you have certain rights that are protected by the Canadian Charter of Rights and Freedoms. Read more

Webb: The value of mentoring young lawyers

As a mentor for junior counsel, Toronto criminal lawyer Melanie Webb believes in the value of giving back to the future of the profession. Read more

Sex work remains a legal grey area in Canada: Handlarski

Sex work has been in a legal grey area since the Supreme Court of Canada (SCC) struck this country’s “bizarre, half-measure laws” around prostitution in a 2013 ruling , Toronto criminal lawyer Ryan Handlarski writes in The Lawyer’s Daily . Read more

Proposed changes to corporate crime prosecution need study: Smith

OTTAWA — A federal proposal that would allow prosecutors to suspend criminal charges against companies in certain cases of corporate wrongdoing has been quietly included in the Trudeau government's 582-page budget legislation. Read more

SCC decision raises questions about Crime Stoppers survival

A Supreme Court of Canada (SCC) decision threatens the survival of Crime Stoppers because it undermines the program’s foundation of anonymity, Toronto criminal and civil litigator Laurelly Dale writes in The Lawyer’s Daily . Read more

Fennel: 'Culture of complacency' not addressed in Bill C-75

A move by the federal government to reform Canada’s criminal court system and improve efficiency does not address the “culture of complacency” encountered by accused individuals, says Toronto criminal lawyer John Fennel. Read more

Judge acquits Botting's client of sex attack charges

British Columbia criminal lawyer Gary Botting ’s client was acquitted of charges laid in connection with a sexual attack on three women in Vancouver, the Vancouver Sun reports . Read The Province Read more

Hicks: OCA decision 'right one' for police officer who shot teenager

The Ontario Court of Appeal (OCA) has made the right decision in upholding the attempted murder conviction of a police officer who shot a teenager on a streetcar, says Toronto criminal lawyer Christopher Hicks . Read more

The importance of the defence, no matter the crime

While lawyers are challenged about the people they represent “all the time,” Toronto criminal lawyer Tyler Smith tells the Durham Region News that he’s proud to work in the Canadian justice system because it's designed to mete out sanctions to the convicted and to observe and protect the rights of the accused. Read more

OCA ruling holds police accountable for their actions: Rosen

By upholding the attempted murder conviction of an officer who shot a dying teenager, the Ontario Court of Appeal (OCA) has reinforced the principle that police must be held accountable for their actions, says Toronto criminal lawyer John Rosen. Read more

Presser authors chapter in book about women in criminal justice

Toronto criminal lawyer Jill Presser says young females should be fully informed before following her into the tough but rewarding practice area. Read more