Legal Blog - Criminal Law - Derstine Penman Law Firm

Getting drunk is NOT a defence to sexual assault: Misleading Headlines in the Media

by: Laura Remigio, Associate “Ontario Court of Appeal rules intoxication can be used as a defence in sexual assault and violent crimes cases”. This was the headline on CP24 and other news outlets in relation to the Ontario Court of Appeal decision in R. v. Sullivan, 2020 ONCA 333. (The full decision can be read […]

The Broad Power to Search: A Racial Profiling Veil

by: Renée E.M. Gregor, Associate As Professor Tanovich states in his oft-cited text, “The colour of justice in Canada is white”.[1] In Ontario specifically, our courts and jails are plagued by a vast over-representation of black males in the South and Indigenous males in the North. The GTA is no stranger to the targeting of […]

The Constitutionality of the Recent Legal Aid Cuts in Ontario

By: Adam Newman, Associate “Under the Ontario legal aid certificate system, it is because defence lawyers are willing to accept legal aid certificates and provide competent and effective counsel to accused facing criminal charges that the state is able to fulfill its constitutional obligation.” (R v Peterman, 2004 CarswellOnt 1694 ONCA at Para 20) […]

Is “Sexting” Illegal?

by: Keiisha Pillai, Associate Using your phone to send a sexual picture may seem like no big deal. But you may want to think twice before you hit “send”. “Sexting” is defined as the exchange of sexual messages, photos, or videos by electronic devices. This is usually done through text and social media […]

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