Criminal Law

Using provocation as a defence in criminal cases

Provocation is a very misunderstood defence, particularly because it comes with very clear limits on when it can be used, Toronto criminal lawyer John Rosen tells Read more

Pro bono appeal program 'good quality advocacy:' Daviau

Helping the Probono Inmate Appeal (PIA) program is “a tremendous amount of work but well worth it,” Toronto criminal lawyer Lindsay Daviau tells Read more

Passion to help the underprivileged drives Kumar

Growing up in one of Toronto’s less affluent neighbourhoods has given her first-hand insight into the inequality found within our justice system, criminal defence lawyer Rashmi Kumar tells Read more

Balancing harsh reality of prison and respect for the court

It’s important to maintain dignity and respect for the court when advocating a lesser sentence for a “combative” client, Toronto criminal defence lawyer Tyler Smith tells Read more

Extreme inebriation defence needs top court's consideration

Two competing Ontario Superior Court decisions have left the defence of extreme inebriation ripe for constitutional review by appeal courts, Oshawa criminal lawyer Lawrence Forstner tells Read more

Balance needed in deciding what order cases are handled: Izadi

Ontario’s Barristers Act allows indirect discrimination at the bar in terms of who can address matters first, leaving younger, visible minority counsel at a disadvantage, Toronto criminal lawyer Melody Izadi tells Read more

Abandoning justice triage system not advisable: Dunn

It would be a mistake to scrap the triage policy that directs Alberta prosecutors to abandon lesser criminal cases in favour of more serious files, Calgary criminal lawyer Greg Dunn tells Read more

Reasonable expectation of privacy depends on context: SCC

A recent Supreme Court of Canada (SCC) decision about privacy provides some important guidelines as invasive technology becomes more available, Ottawa criminal lawyer Céline Dostaler tells . Read more

SCC ruling a call to action for the Crown: Grey

A recent Supreme Court of Canada (SCC) ruling is a call to action for the Crown to reconsider how well the justice system balances people's rights with the goal of prosecuting those who violate the law, Alberta criminal lawyer Leighton Grey tells Read more

Criminal trials not credibility contests: Webb

A recent decision in a sexual assault appeal is a reminder of the high bar the Crown faces to achieve a conviction in a criminal trial — proving a charge beyond a reasonable doubt, Toronto criminal lawyer Melanie Webb tells . Read more

Case law protecting digital privacy rights intact: Presser

A solid body of case law protecting digital privacy rights remains unshaken following a Supreme Court decision that undercover police officers do not need to obtain a judicial warrant before using email or instant-message services to communicate with a child-luring suspect, Toronto criminal lawyer Jill Presser tells Read more

Legislated 'exit ramps' needed to rectify inequality: Fennel

A recent decision by the Ontario Court of Appeal calling for the federal and Ontario sex-offender registries to provide “exit ramps” to those found to be not criminally responsible on account of a mental disorder (NCRMD) is a good first step, Toronto criminal lawyer John Fennel tells Read more

SCC ruling makes child-luring laws 'fairer to accused'

The Supreme Court of Canada (SCC) has taken an important step forward in striking down a section of the internet child-luring law that presumed defendants guilty unless proved otherwise, Toronto criminal lawyer Joseph Neuberger tells Read more

Foreign nationals unfairly treated by Parole Board of Canada

Foreign nationals convicted of serious offences are receiving unfair treatment by the Parole Board of Canada, British Columbia criminal lawyer Dr. Gary Botting tells . Read more

Expulsions show Trudeau's previously untapped decisiveness

Expelling Jody Wilson-Raybould and Jane Philpott from the Liberal caucus is a "defining moment" in the political career of Justin Trudeau, Toronto criminal lawyer Laurelly Dale tells The Lawyer’s Daily . Read more