Criminal Law

Targeted police stop attracting attention from criminal bar

When it comes to police demanding roadside breath tests, there is a fine line between random stops, targeted stops, and those based on reasonable suspicion, says Kamloops criminal lawyer Lisa Mae Scruton. Read more

How changes to the Criminal Code may affect your sex assault trial

By Joseph Neuberger If you have been charged with sexual assault, it is of the utmost importance that you and your lawyer lay out a coherent defence theory and obtain all necessary evidence to marshal your defence. Read more

Police in schools not the answer to gang activity: Fennel

Putting police in schools isn’t the solution to preventing kids from joining gangs, says Toronto criminal lawyer John Fennel. Read more

Detailed factum leads to drug charges being withdrawn

Toronto criminal lawyer Jordana Goldlist knows first-hand it pays to write a detailed factum for Charter applications — that's how she recently secured the withdrawal of charges against her client. Read more

CBSA’s search of lawyer’s cellphone, laptop troubling: Grey

The Canadian Border Services Agency’s (CBSA) ability to search electronic devices belonging to lawyers returning to Canada raises serious questions around both solicitor-client privilege and other areas of personal information that are open to government intervention, says Alberta civil litigator Leighton Grey. Read more

Decision on testifying at trial weighs heavily on appeal

One of the biggest strategic decisions a trial lawyer can make that will affect a possible future appeal is whether to advise their client to testify, says Toronto criminal lawyer Lindsay Daviau, who has handled numerous trials and appeals. Read more

Ruling against Toronto editor strikes right balance: Izadi

The one-year house-arrest sentence given to the editor of a Toronto-based publication for promoting hatred against women and Jews sends the correct message, says Toronto criminal lawyer Melody Izadi. Read more

High school teacher jailed for secret videos of students’ chests

TORONTO — A high school teacher convicted by Canada’s top court of voyeurism for secretly video recording female students with a pen camera has been handed a six-month jail term. Read more

Situation dictates reasonable force in defending property

When determining what kind of force can be used to defend your property, the circumstances dictate what is considered appropriate, says Calgary criminal lawyer Greg Dunn. Read more

Banning of CBD user at U.S. border ‘ridiculous’: Neuberger

Canadians must heed warnings that even though marijuana products are legal in many states, taking them across the U.S. border is not, says Toronto criminal lawyer Joseph Neuberger. Read more

Punishing your way out of problems is ‘counterintuitive’

Extrajudicial measures are a great tool to keep youths out of regular courts while encouraging them not to reoffend, says Toronto criminal lawyer Ryan Handlarski. Read more

No criminal cannabis impaired charges laid in B.C. since legalization?

By Sarah Leamon It’s been nearly a year since cannabis was legalized, but there have been zero – count that, zero – cannabis-related driving offences laid under our new criminal law…in B.C. at least. Read more

Rejecting LSO Statement of Principles would be a ‘black eye’

Toronto criminal lawyer Christopher Hicks says he is mystified by the fierce opposition to the Ontario Law Society’s (LSO) requirement that members adopt a statement of principles promoting diversity. Read more

‘Solid plan’ essential for gaining early parole: Kumar

Preparation is an inmate’s key to unlocking early parole, says Toronto criminal defence lawyer Rashmi Kumar. Read more

Fully explain issues when mental health patients go missing

In spite of the outcry over a forensic patient’s elopement from a Toronto mental health facility, it is far from certain that the system failed, says Toronto criminal lawyer John Fennel. Read more