criminal law


  • Crown only has to prove ‘realistic risk’

    Crown only has to prove ‘realistic risk’

    Dec 3, 2018

    The bar for the Crown to meet to prove that there was a “realistic risk” to the public by someone found intoxicated inside a parked car is a low one, an Ontario Superior Court judge stressed in a recent ruling.

  • Harsh conditions mean more enhanced credit requests

    Harsh conditions mean more enhanced credit requests

    Dec 3, 2018

    Harsh conditions and frequent lockdowns in provincial detention centres are leading to more applications for “enhanced credit” for pretrial custody beyond the standard amount permitted under the Criminal Code.

  • Court delays persist, despite Jordan

    Court delays persist, despite Jordan

    Dec 3, 2018

    The Supreme Court of Canada decision in Jordan and the problems it tried to address are still top of mind in the criminal courts in Ontario nearly two-and-a-half years after it was released.

  • Ontario human rights case makes it to the big screen

    Ontario human rights case makes it to the big screen

    Dec 3, 2018

    An impasse between Pardeep Singh Nagra and the Canadian Amateur Boxing Association transformed within a few days from a sports dispute into a human rights precedent in the country and also a story that received national media attention.

  • Scrutiny heightens on NCR findings

    Scrutiny heightens on NCR findings

    Dec 3, 2018

    Two high-profile criminal proceedings in Toronto have again put a spotlight on the issue of defendants who are found not criminally responsible as a result of mental illness and what needs to be shown before this finding is accepted.

  • Concerns over federal bill expressed

    Nov 19, 2018

    Recently, jury composition has become an important issue on the public agenda. Ontario lawyers practising criminal law have expressed opinions on Bill C-75, as well as on a proposed amendment to the provincial Juries Act, Bill 52.

  • Bill could allow convicted criminals on juries

    Bill could allow convicted criminals on juries

    Nov 12, 2018

    A proposed amendment to the provincial Juries Act would repeal the rule that prevents people convicted of an offence from serving as jurors.

  • John Rosen to receive major award from CLA

    John Rosen to receive major award from CLA

    Nov 5, 2018

    The murder trial itself barely received any media coverage when it took place before a jury in a Toronto courtroom more than 30 years ago.

  • Lawyer denied licence to practise

    Oct 29, 2018

    A disbarred British Columbia lawyer has been denied a licence to practise in Ontario after a Law Society of Ontario tribunal panel questioned his insight into the behaviour that led to his criminal convictions.

  • Barton is profoundly bad law

    Oct 29, 2018

    It’s said that bad facts make bad law. But this is true, I think, only if the courts fail in their duty to apply the law fairly and impartially when bad facts tempt them to distort the law unjustifiably in one party’s favour.

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