Wrongful convictions registry may prevent future injustices
Wrongful convictions are an unfair consequence of the Canadian criminal justice system that I work in every day.
Viewing Publications Categorized "Your Defence "
Flipping the bird is a form of expression, not a crime
A judge in Montreal made the right call by ruling that giving someone the middle finger is not a crime, but is in fact “a God-given, Charter-enshrined right that belongs to every red-blooded Canadian.”
If you are accused of a crime, the best advice may be not to testify
When preparing a client for a criminal trial I always stress that the burden of proof lies with the Crown attorney. To win a conviction, the Crown must prove beyond a reasonable doubt that the accused has committed a crime.
Sexual Assault Cases often Hinge on Social Media Messages
The testimony of the complainant and the accused was once the key evidence in many sexual assault cases, with the court left to decide who was telling the truth.
The Questionable Use of Deterrence in Sentencing
When deciding on a sentence following a conviction, the judge must consider s.718 of the Criminal Code.
Canada may soon prosecute crimes on the Moon
Canadian criminal law stretches well beyond our borders, thanks to extradition agreements with other countries. But people may not know that the long arm of our law will soon extend all the way to the Moon.
What is Canada’s Emergencies Act?
On Feb. 14, 2022, the federal government invoked the Emergencies Act for the first time since its passing in 1988.
What powers do police have at protests?
After allowing the truckers' protest to block traffic in downtown Ottawa for three weeks, police moved in, arresting more than 100 people and towing dozens of vehicles.
Does the Charter give me the right to protest?
A democratic nation should not fear protests from citizens.
What is the Youth Criminal Justice Act?
The Youth Criminal Justice Act (YCJA) applies to youth who are at least 12 but under 18 years old, alleged to have committed criminal offences.
