One Ontario Court of Justice judge says accused cannot plead guilty by phone In R. v. Candelaria, 2020 ONCJ 194, Justice Downes ruled, amidst the adjustments the courts have had to make due to the COVID-19 pandemic, that an accused cannot plead guilty via telephone. This means, according to Justice Downes, an accused can only […]
CRIMINAL | There is no Monopoly Man and COVID-19 is Not a Get out of Jail Free Card
Why the public needs to relax their fear of violent criminals being needlessly freed Amidst the COVID-19 pandemic, there has been public query and fear (and at times outrage) over whether or not the COVID-19 pandemic allows violent criminals to roam free on our streets. Salacious and tantalizing commentary has sparked public debate over whether […]
CRIMINAL | Will the COVID-19 Crisis Keep Us Modern?
How this global pandemic has changed things for the better in our criminal justice system The world is experiencing a pandemic that has been unprecedented in most of our lifetimes. While all of us have been affected individually, the criminal justice system has not been exempt from the effects of COVID-19. It too, serving […]
CRIMINAL | The Right to be Tried Without Undue Delay
20/20: Looking back over the last 20 years Since the turn of the century, there are many – too numerous to count – “important cases” in the field of criminal law. Some have dealt with procedure, some with the substantive law, and some with enhancing and protecting the basic rights of Canadians. However, as shall […]
VIP Access to Justice: Why state-funded counsel is crucial to our democratic identity
Access to justice is always a live issue, no matter how developed a country may be. Luckily, in Canada, our justice system rivals some of the best in the world. However, there is still concern for those who represent themselves in the criminal justice system. After all, criminal matters have a unique way of affecting […]
To Stop or not To Stop? Police Carding Practices
In R. v. Omar, 2018 ONCA 975 (CanLII), the Ontario Court of Appeal has rubber stamped the illegality of what is commonly referred to as carding, declaring that “[Everyone has] every right to be walking down the street unimpeded by the police” (at para 51). In a stunning decision where the Crown’s case rested solely […]
Convicted on Sexism: How does sexist reasoning in favour of the complainant work in today’s #metoo culture?
In R. v. J.L. 2018 ONCA 756, The Ontario Court of Appeal allowed the appeal of an accused who was convicted of sexual assault. The trial judge convicted the accused because he felt that the complainant would not engage in the acts as described by the accused because she was a young woman. The alleged […]
Post Jordan Mentality vs. Humanity: Who Wins?
After the Supreme Court of Canada’s ruling in R. v Jordan, 2016 SCC 27, which clarifies and streamlines the Charter of Rights and Freedoms delay of proceedings applications pursuant to section 11(b), “Jordan issues” in the courtroom are still alive as ever. Crown Attorneys, judges and court staff all have instituted protocol, mandates, better practices […]
Enemy of the State? Why You Should Treat the Defence and Crown as Equals
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 belong, virtuous and pure. The #MeToo and […]
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 in Hamilton for which he has yet to stand trial. Ruthowsky […]
