Criminal Law

Decision on stayed murder charges a must-read: Webb

A decision explaining why a mentally ill man’s murder charge must be stayed because of his treatment in custody should be required reading for all members of the justice system, Toronto criminal lawyer Melanie Webb tells . Read more

Solitary confinement ruling step in right direction: Handlarski

TORONTO — Ontario's top court has placed a hard cap on solitary confinement in prisons, saying inmates can no longer be isolated for more than 15 days because that amounts to cruel and unusual punishment. Read more

Ruling upholds 'freestanding right' to counsel: Forstner

The Ontario Court of Appeal has issued a decision that strongly affirms that a suspect's right to consult a lawyer is a psychological lifeline when they are detained by police, Oshawa criminal lawyer Lawrence Forstner tells Read more

Animal cruelty cases handled by two forces in Alberta

Enforcement officers have more latitude in Alberta when it comes to dealing with animal cruelty cases, Calgary criminal lawyer Greg Dunn tells . Read more

In criminal proceedings, testimony is evidence

People charged with domestic violence are often surprised to learn that they can be convicted solely based on their partner’s testimony, Ottawa criminal lawyer Céline Dostaler tells Read more

Troubling legislation results from 'knee-jerk' reactions

Hashtag activism and the government’s reaction to it have led to bad law, particularly the elimination of peremptory jury challenges, the reduction in preliminary inquiries, and the curtailing of defence rights in sexual assault trials, Toronto criminal lawyer Joseph Neuberger tells Read more

Ex-mortgage broker avoids jail time in sex assault, fraud case

After three years of investigation and prosecution for multiple charges of sexual assault and defrauding the public, the imposition of a suspended sentence and probation for three lesser counts of sexual assault has allowed one of his clients to avoid jail and move on with his life, Toronto criminal lawyer John M. Rosen tells Read more

Judge 'properly applied' test in sex assault acquittal

The recent acquittal of a Newfoundland man accused of sexual assault is a stellar example of trial fairness rather than a "bold" legal decision, Toronto criminal lawyer Laurelly Dale tells Read more

Decoding automated decision-making in the justice system

A day-long conference on the use of automated decision-making (ADM) in the Canadian criminal justice system helped build on the critical work of developing a legislative and regulatory framework around the technology, Toronto criminal lawyer Jill Presser tells Read more

Issue of access to justice a major flaw in courthouse scheme

Planned courthouse assignments for the Toronto area could prevent those charged with offences from getting a timely release on bail, restricting access to justice and clogging the court system, Toronto criminal lawyer Roots Gadhia tells Read more

How to handle an in-custody appeal

Managing client expectations is a key part of handling in-custody appeals, Toronto criminal lawyer Lindsay Daviau tells Read more

Know your rights: Neuberger

By Joseph Neuberger . Being arrested, detained or charged with a crime can leave you feeling scared and vulnerable. It’s important to remember that in a situation like this, you still have rights. Read more

All municipalities 'should embrace' media alert on verdicts

A recent directive that requires Toronto judges to alert the media when a jury is about to come back with a verdict will benefit the general public, Toronto criminal lawyer Melody Izadi tells Read more

Lavalin case underscores need to clarify AG's role: Rosen

OTTAWA — The criminal law at the heart of the SNC-Lavalin saga dogging the federal Liberals has led to charges in just seven cases in 20 years, leading some to call for a review of the legislation and additional resources for investigators. Read more

More support needed for offenders with mental health issues

Barring violent offenders from programs designed to help individuals with mental health issues is doing more harm than good, Toronto criminal lawyer John Fennel tells Read more