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 seeking a jail sentence, it is nearly […]
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 accused who is alleged to have sexually assaulted […]
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 conviction: $100. On each […]
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 that correctly. According to a […]
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 public’s dismay, yet another acquittal has been handed […]
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 resources Mr. 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 […]
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 until proven guilty.’ In reality, that’s rarely the perspective […]
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 confidential informants advised police that Mr. […]
Lockdowns and Liberty : Why Lockdowns in Correctional Facilities are Violating Human Rights, and Costing Tax Payers
Most people have the same attitude when it comes to prisoners being incarcerated: lock em’ up and throw away the key. Most people base this opinion on the assumption that everyone in prison is guilty, which means that all prisoners are bad people and deserve to be punished. But the recent case of Ogiamien and […]
When Sexism Hits the Fan: How Female Defence Counsel Are Put on Trial Because of their Gender
Not one work day goes by where my gender, age and race don’t affect my job. If anyone questions how “real” the discrimination is for women in criminal law, specifically for women of colour, and especially for women of colour who are members of the defence bar, I invite you to accompany me to court, […]
