Criminal Law

Time to re-examine changes to provocation defence: Zita

Changes to the Criminal Code stipulating when provocation can be mounted as a defence are very restrictive and could deter people from legitimately using it, says Toronto criminal lawyer Jessica Zita. Read more

Supreme Court of Canada clarifies use of prior sexual activity

By Joseph Neuberger In a recent precedent-setting case out of Alberta, the Supreme Court of Canada overturned a manslaughter acquittal and ordered a new trial due to the Crown’s failure to be alert to the issue of the victim’s privacy regarding her sexual history. Read more

Lawyers must not be punished for representing any client: Rosen

The decision by the dean of Harvard College to not renew the appointments of two faculty deans because one of them is representing a reviled criminal defendant is "outrageous and an affront to the fundamental principles of criminal justice necessary for any free and democratic society," says Toronto criminal lawyer John Rosen. Read more

Anonymous tip case demonstrates searches must be justified

The Ontario Court of Appeal has reaffirmed the importance of police corroborating the information they receive through an anonymous tip by recently overturning a man’s drug convictions, says Toronto criminal lawyer John Fennel. Read more

Illegal police strip searches a ‘regular occurrence’

The use of strip searches raises tough issues for the justice system as it struggles to weigh human dignity against investigative necessity, says Toronto criminal lawyer Jordana Goldlist. Read more

Cameras should be welcomed in Canadian courtrooms: Forstner

Cameras will inevitably come to more Canadian courtrooms, where they will shine a welcome light on the justice system, says Oshawa criminal lawyer Lawrence Forstner. Read more

Court for people with FASD ‘a terrific’ idea: Friedberg

A Manitoba court that specifically caters to people with fetal alcohol spectrum disorder (FASD) is a great idea that could work in Ontario, says Toronto criminal lawyer Matthew Friedberg. Read more

What you need to know about impaired driving charges in 2019

By Joseph Neuberger Recent changes to the impaired driving laws by the federal government developed to combat drinking and driving offences and the impact of legalizing cannabis, the laws surrounding impaired driving in Canada changed on Tuesday, Dec. 18, 2018. Read more

Legal aid cuts an attack on ‘the socially disenfranchised’

Provincial funding reductions for Legal Aid Ontario (LAO) will limit access to justice and significantly worsen court delays for those who rely on the non-profit corporation, says Toronto criminal lawyer Roots Gadhia. Read more

Mandatory minimums weaken the justice system: Forstner

Mandatory minimum sentences “suck the air” out of a courtroom, weakening the chances of arriving at a just result, says Oshawa criminal lawyer Lawrence Forstner. Read more

Protect your rights with allegations of corporate fraud

Employees accused of workplace fraud should contact a criminal lawyer as soon as possible to protect their rights in any future legal proceedings, says Ottawa criminal lawyer Céline Dostaler. Read more

SCC ruling notes problem people of colour have with police

The Supreme Court of Canada’s recent decision to set aside a man’s gun- and drug-related convictions because he was arbitrarily detained and searched is another reminder to police about the need to respect people’s rights, says Toronto criminal lawyer Jacob Stilman. Read more

Abhorrent conditions continue to result in reduced sentences

As long as those awaiting trial are subjected to harsh conditions, judges will continue to compensate them by reducing their sentences upon conviction, says Toronto criminal lawyer Ryan Handlarski. Read more

Concerns over police using facial recognition tools 'very real'

Canadians should urge their governments to follow the lead of San Francisco and ban the use of facial recognition tools by police services, Toronto criminal lawyer Jill Presser tells The Lawyer’s Daily . Read more

Criminal appeals true test of lawyer's mettle: Dale

Arguing a criminal appeal is one of the biggest tests a lawyer will face, requiring meticulous preparation and strong advocacy skills, says Toronto criminal lawyer Laurelly Dale. Read more