This case should remind everyone how important and fragile the presumption of innocence is. Our police chief and political leaders were quick to toss aside that protection to push their own political agendas. Zameer deserves an apology from
@fordnation
and
@TorontoPolice
.
Breaking: happy to announce Bill-5’s amendments to the Criminal Code reinstating conditional sentences and eliminating mandatory minimums has just become law and received Royal Assent.
Watching the
@SCC_eng
live feed on the constitutionality of eliminating jury peremptory challenges. A must see. Also Justice Abella's face mask is 💯💯💯.
Congratulations to
@Nader_Hasan_law
and
@alexheine93
for successfully defending the presumption of innocence in the Zameer case. This case was a tragedy, but anyone with knowledge of the evidence knows this wasn’t a murder.
In the summer of 1918, San Francisco moved court proceeding outdoors to prevent the spread of the Spanish Flu. This is an idea I can get behind for Summer 2020 (with a bit more social distancing). Who’s with me?
An unbelievable tragedy for an amazing teacher. I’m happy to have played a small role in her exoneration. A must read from
@JacquesGallant
#JusticeForMsC
A modest proposal: Can judges please just give the bottom line in their court decisions up front rather than writing the judgment like a mystery novel? There is nothing more excruciating for an accused person (or their lawyer).
The greatest story you’ll read all weekend: Undercover cops posing as drug buyers attempt to buy drugs from under cover cops posing as drug dealers. Everyone tries to arrest everyone else and a fist fight breaks out in the street.
Congratulations to Marie Henein (
@HeneinHutchison
), this year’s recipient of
@ClaOntario
’s G. Arthur Martin Criminal Justice Medal for outstanding contributions to criminal justice.
We’re looking to hire an associate lawyer for our trial and appellate practice. Candidates should have an excellent academic background and strong writing skills. 0-3 years experience. Please send your application and a writing sample to brown
@danielbrownlaw
.ca before July 24.
20 years ago this month, I began my legal journey as a fresh faced 1L at
@queensulaw
. I still can’t believe I’ll be returning to Kingston next semester to teach advanced criminal law at Queens’ with
@LindsayBoard
.
The best part of being a criminal defence lawyer is the court sketch. This one is from the GOAT
@CityCourtsTO
. Got a great court sketch to show off? Post it here.
In my latest op-ed, I explain how the chronic underfunding of Ontario’s legal aid plan (
@LegalAidOntario
), aging court infrastructure, and staffing shortages are just some of the many reasons why our justice system is in crisis.
Attention 3L law grads in Ontario writing your bar exams this summer: some generous students in 2020 assembled a collection of indices and charts to help you study for the LSO bar admissions exams. Read the included disclaimer and share widely.
So I was doing some research on “assault resist arrest” and stumbled across this hidden gem. Any case that includes “monkeys with typewriters” as a keyword is bound to entertain. I wasn’t disappointed.
Big
#100Interns
news! We just hit our goal of securing jobs for 100 Law students across Canada. Thanks to
@fraseradvocacy
for pushing us over the goal line and a huge thank you to all the great firms and lawyers who stepped up to support this.
@petersankoff
@ClaOntario
The
@SCC_eng
declares s. 33.1 of the Criminal Code unconstitutional with the caveat that intoxication short of automatism is not a defence to violent crimes of general intent, such as assault or sexual assault.
Did you know: Between 2006 and 2015, the
@CPC_HQ
created 60 mandatory minimum jail terms for guns, drugs, sex offences and other crimes. Canada now ranks number 2 only to the US in their reliance on mandatory minimum sentences. Maybe it’s time for
@Puglaas
to revisit these?
Civil liberties watchdogs say stay-at-home order opens door to ‘return to carding’. And in case you couldn’t tell, my furrowed brow and arms crossed means I’m very upset about it... (so is
@MJ_Bryant
).
A modest proposal: Can judges please just give the bottom line in their court decisions up front rather than writing the judgment like a mystery novel? There is nothing more excruciating for an accused person (or their lawyer).
Ontario’s criminal court system is in crisis. An immediate and significant increase in legal aid funding by the Provincial government is the only fair way to balance the scales of justice.
I’m excited to announce that the
@ClaOntario
is teaming up with
@petersankoff
to keep his
#100Interns
project running for another year. We are looking for some amazing employers willing to take on a part time law student this summer. Learn more here:
.
@DanielBrownLaw
on the Zameer trial and a need to ensure "precious court time is not wasted on hopeless prosecutions at the expense of cases already in danger of being tossed due to lengthy court delays." via
@TorontoStar
I’m shocked to hear that
@LawSocietyLSO
is expecting soon-to-be-lawyers to write their bar admission exams next week. Safety first. Defer the exams but don’t delay their calls to the bar.
@LSOTreasurer
- please help!
#Covid_19
“The sentencing of Black offenders in Canada is on the verge of a dramatic change after Nova Scotia’s top court ruled that … trial judges need to consider the history of racism and marginalization that shaped them.”
I just found out I was nominated for a
@TorontoStar
Reader’s Choice award for Best Criminal Lawyer. My mom thinks I shouldn’t bother people with voting for me since there is no way I can possibly beat Marie Henein (
@HeneinHutchison
). Fair enough.
So this was
@TrevinDavid
doing his best to spice up our
@ClaOntario
presentation this evening by photobombing my zoom background. Just another day at the office.
Today is International
#HolocaustRemembranceDay
, a day to commemorate the lives lost during the
#Holocaust
including my great great Grandparents (Sarah and Isser Baranchik) murdered in May 1942. We must never forget.
Drug and gun charges tossed after judge found a
@torontopolice
officer hit an accused in head with a gun after he was arrested and face down on the ground. The trial judge also concluded the other arresting officers likely lied to cover it up.
Remembering the words of Jack Pinkofsky following Guy Paul Morin’s conviction for a murder he didn’t commit: “As a human being, I know this young man is innocent. I feel like I’m living in a Greek tragedy of epic proportions.”
"...We just want to apologize to you about what happened to you over the years. We have found the person responsible for Chrstine Jessop's murder"
Police apologize to Guy Paul Morin - after finally solving cold case of 9-year-old Christine Jessop.
“Canada has dramatically increased its use of pretrial detention, with a 400-per-cent rise in the number of prisoners in remand since the late 1970s. But we are almost certainly not safer. Instead, we are filling our detention centres with more and more non-violent offenders….”
“Jurors who saw the defendant in the dock - whether it was the standard or the high-security one - were 1.8 times more likely to find them guilty compared to the jurors who saw that same actor sitting at the bar table with their lawyer”
‘Attractiveness Bias’ in the Legal System: physical attractiveness significantly influenced judges on sentencing. The more unattractive the criminal, the higher the sentence. ..
If only JWR had spent more time on justice reform and less time surreptitiously recording her colleagues, we might have a solution to unconstitutional mandatory minimums and lengthy court delays. Our op-ed on JWR’s regrettable legacy as justice minister
It’s such a pleasure to listen to Justice Abella to hear important tips about how to be a successful lawyer in court and life.
@GaleCupMoot
2021 Awards Ceremony
A big day tomorrow for
@GaleCupMoot
competitors across Canada. One of the highlights of my year is watching these amazingly bright law students perform. Past winners include
@DavidLametti
and former
@SCC_eng
judge Thomas Cromwell who are both participating in this year’s event.
Congrats to my partner,
@McKeownLaw
for overturning this wrongful conviction and giving hope to others convicted of sexual assault for not disclosing their HIV status to their sexual partners when they never posed a risk to transmit the disease.
Spending a day at a local jail should be a mandatory training requirement for Canadian prosecutors.
Salt Lake County District Attorney requires his prosecutors to visit the jails where they send Utahns
Earlier this week,
@StatCan_eng
released their report on adult and youth correctional services in Canada in 2018/2019. Shockingly, Ontario leads all of Canada in the incarceration of presumed innocent people held in pre-trial custody. More than 72% of inmates are awaiting trial.
I’m happy to announce that the 2nd edition of our Prosecuting and Defending Sexual Offence Cases textbook from
@EmondPublishing
is now available for pre-order.
At the Ontario Court of Appeal this morning along side
@crimlacy
on behalf of
@ClaOntario
and
@Halfyard_Law
,
@adamweisberg
and Alan Gold for the Appellants to litigate whether Bill C-75 amendments eliminate preliminary inquiries already set for hearings.
In 1998, the
@SCC_eng
declared that "there is widespread bias against Indigenous persons within Canada and there is evidence that this widespread racism has translated into systemic discrimination in the criminal justice system". Since then things have only gotten worse. 🧵
Some fantastic news today from
@MinJusticeEn
. Reforms are coming to Pardons/Record Suspensions which will reduce wait periods for obtaining a pardon to three years for summary offences and five years for indictable offences.
Celebrating the appointment of Justice Christine Mainville to the
@OntarioOn
along with Marie Henein and the rest of the
@HeneinHutchison
team. Congratulations!
#BREAKING
- The Ontario Court of Appeal has overturned the murder conviction of Pardeep Chouhan because he was denied the proper jury selection procedures at his trial. This ruling paves the way for possibly hundreds of other jury trial to be overturned in the coming months.
My op-ed on modernizing the criminal justice system: Canada’s courts should keep the technological advances they’re making to cope with COVID-19 via
@torontostar
I don’t expect the LSO to be a beacon of accommodation, but when I email that I’m at my dad’s hospital bedside as he loses his battle with cancer, I expect a little better than to be told “sorry for your father, but no more accommodation requests for this summer’s bar exams.”
We’re thrilled to have played a part in our client’s exoneration and always knew she would eventually be cleared of this terrible allegation. cc:
@LindsayBoard
While virtual court has been a blessing during the pandemic to keep the justice system running, nothing compares to in-person trials. I’m with
@McKeownLaw
at the
@SCJOntario_en
this week defending our client. Wish us luck.
Those of you who checked out early from todays
@SCC_eng
appeal missed the rulings from the bench. The legislation was found to be constitutional and purely procedural. Both appeals allowed. Chouhan's murder conviction restored and Esseghaier's appeal sent back to the ONCA. Wow!
“Prosecutors routinely recommend jail time for offenders and then judges lock them up — but what do they really know about the places they’re sending people?”
@JacquesGallant
on whether jail visits should be mandatory for Ontario prosecutors and judges.
“The students still need me ... I’m going for 100. We’re going to make this happen.” Let’s help get
@petersankoff
’s
#100interns
project across the finish line.
We're looking for an associate with a passion for criminal defence work to join our growing team of trial and appeal lawyers. The ideal candidate is a 0-5 year call. Check out our job posting for all the details.
My op-ed on why
@MinJusticeEn
’s announced reforms to Canada’s sentencing laws are a welcome development in justice policy. An end to mandatory minimum sentences:
The
@SCJOntario_en
just completed their first remote bail hearing. Justice Copeland wrote: ..the greatly elevated risk posed to detained inmates from the coronavirus, as compared to being at home on house arrest is a factor that must be considered...
More than 20,000 unsuspecting Torontonians had their cell data intercepted by
@torontopolice
and RCMP using controversial “Stingray” surveillance technology. An important story from
@katecallen
Attention law students and recent calls to the bar, I have a few extra copies of our 1st edition
@EmondPublishing
book on Prosecuting and Defending Sexual Offence Cases (2017) to give away for free. The 2nd edition comes out this month. DM me if you want one one of these.
Adamson Barbecue arrestee must take a COVID-19 test as a bail condition. Several lawyers (including me) say the requirement is outrageous and ‘likely unlawful’
An important op-ed from Frank Addario (
@addariolawgroup
) on the fallout from last week’s bombshell court of appeal ruling on peremptory challenges. Courtroom chaos is coming to Ontario – and the blame lies at the feet of its attorney-general
After 15 years as a criminal defence lawyer, I can confidently say that a direct correlation exists between large neck tattoos and a person’s propensity to commit crimes.
On behalf of
@ClaOntario
, I’d like to thank
@DavidLametti
for his important contributions to the Canadian criminal justice system during his time as AG including essential bail and sentencing reforms, as well as his tireless efforts to guard against wrongful convictions.
Thanks to
@mattgallowaycbc
and
@TheCurrentCBC
for inviting me on the show to discuss why serious criminal cases in Ontario are being tossed because of court delays.