Lindsay Daviau

Lindsay Daviau
FIRM:
Rosen & Company Barristers
POSITION:
Lawyer
AREAS OF PRACTICE:
Criminal Law
PHONE:

Lindsay Daviau, who practises with the Toronto firm Rosen & Company Barristers, focuses on criminal, administrative and constitutional law.

She graduated from the University of Guelph before earning her Bachelor of Laws from Osgoode Hall Law School in 2005. Ms. Daviau was called to the Ontario Bar in 2006.

Practising as a trial and appellate lawyer in criminal, regulatory and discipline law, Ms. Daviau has appeared before all levels of court, including the Court of Appeal for Ontario, the British Columbia Supreme Court and the Supreme Court of Canada.

She has defended clients in disciplinary proceedings before the Law Society of Ontario and has handled both prosecution and defence in disciplinary proceedings at the College of Nurses of Ontario.

Ms. Daviau has acted as an intervener for the Canadian Civil Liberties Association and for the Criminal Lawyers’ Association in appeals before the Supreme Court of Canada.

In addition to her practice, Ms. Daviau acts as duty counsel with the Pro Bono Inmate Appeal Program at the Court of Appeal for Ontario.

She has been a guest lecturer at various institutions including the University of Windsor Law School.

Ms. Daviau is a member of the Criminal Lawyers’ Association, contributing to its newsletter, For the Defence, as well as appearing as a panellist at the annual fall conference.

Lindsay Daviau Posts

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

Protect record during trial in view of possible appeal

Lawyers conducting a criminal trial should always think about how to protect the record for a possible future appeal, says Toronto criminal lawyer Lindsay Daviau. 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

Considering a plea deal begins with the client: Daviau

A client's intentions must be top of mind when advising whether to accept a plea deal, says Toronto criminal lawyer Lindsay Daviau. 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 AdvocateDaily.com. 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 AdvocateDaily.com. Read more

McArthur plea has benefits for Crown, defence: Daviau

There are many reasons for Bruce McArthur to forego a trial and plead guilty to eight counts of first-degree murder, says Toronto criminal lawyer Lindsay Daviau , who defends clients accused of homicide. Read more

Striking down victim surcharge 'fantastic:' Daviau

There were more than a few outstanding court decisions in 2018 worth celebrating, Toronto criminal lawyer Lindsay Daviau tells AdvocateDaily.com. Read more

Second or third trials an exhausting ordeal for all

Taking on a second or even third trial is emotionally exhausting for clients, witnesses and counsel — but if the stakes are high, it’s a challenge they must accept, Toronto criminal lawyer Lindsay Daviau tells AdvocateDaily.com . Read more

Test is high when appealing a guilty plea: Daviau

Lawyers thinking of appealing a guilty plea should make sure they have strong grounds because the barriers to success are high, says Toronto criminal lawyer Lindsay Daviau. Read more

Appeals more complex than clients realize: Daviau

Preparation and care are more important than speed in filing appeals — something clients don’t often understand, says Toronto criminal lawyer Lindsay Daviau . Read more

Preparation key to successful self-defence argument: Daviau

Self-defence homicide is developing in Canada, as two recent cases show — but it's not a simple tactic for a criminal defence team to apply, says Toronto criminal lawyer Lindsay Daviau. Read more

Facing an LSO investigation with counsel is critical: Daviau

Lawyers should never face a Law Society of Ontario (LSO) investigation without counsel, says Toronto criminal lawyer Lindsay Daviau. Read more

Plan to curtail prelims is fixing something not broken: Daviau

The federal government’s plan to curtail preliminary inquiries is an ill-advised attempt to speed up the justice system that may end up slowing it down, says Toronto criminal lawyer Lindsay Daviau. Read more

Case highlights need to look at mandatory minimums

An Ontario judge has struck down a mandatory minimum sentence for a drug smuggling offence, ruling that two years in prison would be a “grossly disproportionate'' punishment for an Indigenous single mother who ran away from home at age 13. Read more