Criminal Law

LSO statement of principles likely to fall: Rosen

Ontario lawyers are already obliged to uphold the law in an unbiased and impartial manner, whether with their colleagues or the public, so it is understandable why many are upset that they have to endorse a statement of principles addressing equality, says Toronto criminal lawyer John Rosen. Read more

University tribunals are no substitute for courts

By Joseph Neuberger . The growing concern to address sexual assault allegations on university campuses has resulted in a new vigilance to investigate and litigate allegations against students and faculty with little to no protection of the accused person’s fundamental rights. Increasingly, students and faculty members accused of sexual misconduct, even absent criminal charges, are being forced to participate in pseudo-trials designed by universities. Read more

Track data for bias on youths steered clear of court

Police should be required to compile data on youths who are suspected of committing violent crimes but are diverted from the courts, says Toronto criminal lawyer John Fennel. Read more

Inconsistent policies lead to inequities in searching accused

Ontario police forces continue to conduct unnecessary strip searches despite constant criticism and admonishment from within the justice system, says Toronto criminal lawyer Roots Gadhia. Read more

Sometimes it’s prudent ‘to slow it down’ during a court case

A judge has stayed a man’s sex assault charges after Toronto criminal lawyer Lindsay Daviau argued his right to a timely trial had been infringed upon due to late disclosure. Read more

Legal Aid cuts in Ontario ‘a devastating affront to justice’

Budget cuts to Legal Aid Ontario (LAO) are an attack on the access to justice movement , Toronto criminal lawyer Jessica Zita tells The Lawyer’s Daily . Read more

Pot pardon legislation doesn’t ‘go far enough,’ says Dostaler

Impeding legislation which would grant free pardons for Canadians convicted of simple marijuana possession is a “great start” but could be better, says Ottawa criminal lawyer Céline Dostaler. Read more

Identification evidence is all about reliability: Neuberger

Juries must be very careful when assessing the reliability of eyewitness evidence, as there is a very good chance it is incorrect, says Toronto criminal lawyer Joseph Neuberger. Read more

Having a positive impact on client’s life ‘most rewarding’

His passion for defending the rights of others stems from a law course he took in high school, says Toronto criminal lawyer Mitchell Huberman. Read more

Meng extradition political poppycock: Botting

By Dr. Gary Botting for The attempted extradition of Chinese corporate executive Meng Wanzhou by the United States is entirely political. Read more

Self-reps clogging criminal courts, adding to cost: Hicks

Criminal defendants unable to afford lawyers are increasingly clogging up the court system amidst a massive misallocation of resources, says Toronto criminal defence lawyer Christopher Hicks. Read more

Liberals misleading public with 'assault-style' firearms

The latest gun control statements from the federal minister investigating ways to curb organized crime are nothing more than “political rhetoric designed to install fear in urban Canadians,” says Calgary criminal lawyer Greg Dunn. Read more

Goldlist decries ‘latest attack on legal gun owners’

Targeting law-abiding citizens to change the behaviour of those who ignore the law “makes absolutely no sense,” says Toronto criminal lawyer Jordana Goldlist. Read more

Resemblance does not amount to positive identification: Smith

Even highly trained police officers, schooled in observing suspects, can make errors, says Toronto criminal lawyer Tyler Smith , who recently had charges against a client dropped due to misidentification. Read more

Case comes down to communicated consent: Rosen

A hearing to determine whether and to what extent that an alleged victim’s sexual history can be entered into evidence should have been held prior to the trial of an Ontario truck driver charged in the death of a sex trade worker, says Toronto criminal lawyer John Rosen. Read more