Criminal Law

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

Smith: is the plea of nolo contendere available in Canada?

The Criminal Code doesn’t permit a plea of nolo contendere , however the jurisprudence establishes that a similar procedure is available to accused in Canada, Toronto criminal lawyer Tyler Smith writes in The Lawyer’s Daily . Read more

Crown withdraws, judge apologizes as Harnett's client cleared

Toronto criminal lawyer Aaron Harnett tells the recent withdrawal of sexual assault charges against his client by the Crown mid-jury trial and subsequent apology from the bench, demonstrates why defence counsel are resistant to water down fair trial protections in these serious matters. Read more

Forcillo appeal decision doesn't alter law around police force

By Jacob Stilman . On July 27, 2013, Const. James Forcillo of the Toronto Police confronted Sammy Yatim, who was armed with a knife, yelling in a threatening manner, while standing alone inside an immobile streetcar. Forcillo shot Yatim three times, striking him in the heart and severing his spine with two of the shots. Yatim fell to the floor of the streetcar mortally wounded. But Forcillo was not done. He paused for 5.5 seconds and then shot Mr. Yatim six more times. Read more

Understanding Ontario's marijuana laws and potential changes

By Joseph Neuberger . Since each province will ultimately be responsible for establishing its own rules, things could especially be confusing in cities and areas that are located on the borders of multiple provinces. Some speculate that cross-border trips might become frequent if marijuana laws are much less restrictive in a neighbouring province. Read more

Lawyer uses her experience on the street to inspire youth

Toronto criminal lawyer Jordana Goldlist is drawing on her past experiences as a street youth to teach life skills to homeless and marginalized young people. Read more

Gadhia's client acquitted of manslaughter after complex trial

A young man has been acquitted of manslaughter after Toronto criminal lawyer Roots Gadhia argued that the death of a co-worker was the result of group horseplay gone wrong. Read more

Shifting cases from Superior Court just 'optics': Neuberger

The federal government's latest plan to reduce Superior Court backlogs will just burden lower courts with a heavier workload, Toronto criminal lawyer Joseph Neuberger tells Read more

Shorter timelines needed in all areas of law

While R. v. Jordan has gone a long way to make the criminal system more efficient, there’s a need in all other areas of law to set timelines that prevent cases from going on for years, Toronto criminal lawyer Ryan Handlarski writes in Law Times . Read more

Bill C-75 problematic with many 'wrong-headed' reforms: Rosen

The federal government’s wide-ranging package of criminal justice reforms in Bill C-75 is fraught with serious problems that will do more harm than good, says Toronto criminal lawyer John Rosen . Read more

Case highlights limitations of Canada's extradition law

A case involving two teens who are pleading to stop their mother’s extradition to England for allegedly abducting them underscores the limitations of the law surrounding extradition in Canada, British Columbia criminal lawyer Gary Botting tells CBC News . Vancouver Sun Read more

Presser to deliver keynote at mental health law conference

Toronto criminal lawyer Jill Presser will deliver the keynote address at the third annual Mental Disorder and Criminal Justice Conference: Beyond Fitness and NCR — Mental Health in Criminal Justice. Read more

'Mandatory minimum' bill would be welcome: Friedberg

OTTAWA — An Ontario senator tired of waiting for the Liberals to bring in their promised changes to mandatory minimum penalties while they watch how they fare in the courts, is now prepared to go it alone. Read more

Plan to curtail prelims is fixing something not broken: Daviau

The federal government’s plan to curtail preliminary inquiries is an ill-advised attempt to speed up the justice system that may end up slowing it down, says Toronto criminal lawyer Lindsay Daviau. Read more

No system fix for defendants found fit yet mentally ill: Zita

The justice system must do a better job of handling defendants who, although deemed fit to stand trial, are mentally ill, says Toronto criminal lawyer Jessica Zita. Read more