Many perceive defence counsel as snaky, tricky, tactical used car salesman-like villains in courtrooms all across our countries. It’s easy to blame us— we defend criminals, right? The Crown Attorney on the other hand, is often championed as justice fighters— putting the bad guys in jail where they … [Read more...]
Notorious Toronto Judge Makes his Disdain for Disgraced Officer Known: How the Outspoken Justice Clark Drives Home an Important Message
Disgraced (and now nearly fired) Ontario Police officer, Craig Ruthowsky, has been recently found guilty by a Toronto jury of bribery (for accepting protection money from drug dealers), attempting to obstruct justice, breach of trust, and drug trafficking. Ruthowsky also has similar charges pending … [Read more...]
No Legal Training, No Problem! Go Forth and Represent your Family in Provincial Court for Free
Access to Justice is always a live and relevant issue: people with limited financial means are at risk to not having legal representation compared to those who can easily afford it. Legal Aid alleviates some financial pressure off impoverished accused in Criminal Court, however, unless the Crown is … [Read more...]
Criminal Court Haters, Take Note: What the #believethevictims Movement Fails to Recognize
No one condones sexual violence, harassment, assault or anything of that nature against women, or anyone else. Not the Judges, Courts, or Defence Lawyers. However, the sharp and profound movement that villanizes any participant of the criminal justice system that is involved in the acquittal of an … [Read more...]
To Charge or not to Charge? That is no longer the Question
The Ontario Court of Appeal finds no harm or foul in blanket mandatory fines.Pursuant to Section 737 of the Criminal Code of Canada, The Victim Fine Surcharge is a mandatory fine imposed on each and every individual that is found guilty of a criminal offence in Canada. On each summary … [Read more...]
First Comes Trump Hat, Then Comes Racism
Yet Another Incident from the Ontario Court of Justice Raises Concerns About Those Presiding.A Justice of the Peace, presiding in Kenora, Ontario, decided that it was appropriate to make a racist remark, on the record, to an Aboriginal duty counsel in bail court this past August.Yes, you … [Read more...]
Reminder: Beyond A Reasonable Doubt is a Pillar of our Justice System
In the post-Ghomeshi trial hoopla, many seem to question the integrity of Canada’s criminal justice system. Hashtags, slogans, movements and even possibly legislation have been the ripple effects of an ever increasing angry public after Jian Ghomeshi was acquitted of his charges. Much to some of the … [Read more...]
Do we need the Court of Appeal to Weigh in About the Importance of Internet Use in Modern Society?
Why R. v. Brar [2016] ONCA 724 is a waste of court time, money and resourcesMr. Brar was a 35-year-old who was convicted of sexual assault, child luring and prostituting a person less than 18 years old and a breach of his bail conditions. He was first time offender. He was convicted of these … [Read more...]
Whatchu doing with our Rights, Virgin Radio?
How a Toronto-based radio station makes light of the presumption of innocence, every week.One of the cornerstones of our justice system is the presumption of innocence. It’s a constitutionally protected right that is supposed to guarantee an individual all the blessings and grandeur of ‘innocent … [Read more...]
Oh, S***! Court of Appeal Rules on One Man’s Bowel Movements and Charter Rights
In R. v Poirier [2016] ONCA 582 the Ontario Court of Appeal excluded the drugs excreted from Mr. Poirier’s rectum because of the manner of the police investigation that led to its discovery. Without that evidence, Mr. Poirier was acquitted of all charges.Mr. Poirier was arrested after five … [Read more...]