Criminal Law

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 AdvocateDaily.com . 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 AdvocateDaily.com. 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 AdvocateDaily.com . 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 AdvocateDaily.com. 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 AdvocateDaily.com. 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 AdvocateDaily.com. 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 AdvocateDaily.com . 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

Earning credibility with jury key in acquittal: Zita

Toronto criminal lawyer Jessica Zita has successfully convinced a jury to acquit her client of a serious armed robbery charge and instead find him guilty him of one count of the lesser assault causing bodily harm, she tells AdvocateDailycom . Read more

Cannabis arrest exposes flaws in new impaired driving laws

The arrest of a Nova Scotia motorist whose saliva tested positive for cannabis demonstrates an inherent flaw in Canada’s new impaired driving legislation, Toronto criminal lawyer Jacob Stilman tells AdvocateDaily.com. Read more

Solitary confinement ruling a 'turning point'

An Ontario Court of Appeal decision banning solitary confinement for longer than 15 days is a step in the right direction but more should be done for young people and the mentally ill, Toronto criminal lawyer Jordana Goldlist tells AdvocateDaily.com. Read more

Scruton's client acquitted of uttering threats

In what could be a first for British Columbia, Kamloops criminal lawyer Lisa Mae Scruton successfully argued that her client was not guilty of uttering threats by raising the defence of self-induced intoxication. Read more

You can stand on the other side of humanity and be right

By Ryan Handlarski . For virtually my entire life, I have been in the minority when it comes to thinking. I can remember examples of this throughout my life from the time I was nine years old and liked the song Fight the Power by Public Enemy while most of my classmates liked New Kids on the Block (and thought I was the crazy one!). Read more

Stereotypical portrayals of female lawyers hurt profession

As female lawyers continue to “transform" their profession, it’s time for the media to follow suit and end the stereotypical portrayals of women litigators, and depict more accurate, “empowering” images, Toronto criminal lawyer Jill Presser tells AdvocateDaily.com. Read more

Woman detained for pot use 'was literally taking her medicine'

HALIFAX — A lawyer for a Nova Scotia motorist whose licence was suspended after her saliva tested positive for cannabis says he's planning to launch a constitutional challenge. Read more