By Keiisha Pillai, Articling Student Be careful what you write in your Facebook direct messages. Last month, Justice Bawden of the Ontario Superior Court released a decision, R. v. Patterson (2018 ONSC 4467), which suggests that when the direct messages sent on Facebook make up the action, or the “actus reus”of a crime, you do not […]

By: Geoff Haskell, Associate Chong asked Cheech more than 40 years ago, “Hey man – am I driving ok?” Back then it was illegal to smoke pot and drive. Today, it still is. In fact, impaired driving has been a crime since 1925. Although it was originally intended to deal with drunk driving, the crime of impaired driving […]

By Articling Student I’m always asked why I decided to pursue a career in criminal law. “How can you defend those people?” or “How can you defend someone if you know they’re guilty?” are questions that I answer regularly. I welcome those questions. Why? Because it gives me an opportunity to talk about […]

By Adam Philip Newman, Associate The Youth Criminal Justice Act(“YCJA”) was meant to reflect the understanding of Canadians that young persons involved in the criminal justice system have diminished moral blameworthiness when compared to that of adults. As such, the sentence imposed on a young person should be dealt with in a manner that […]

While speaking with AdvocateDaily.com, Dirk Derstine, President of the Toronto Law Association, recommends increased jury duty pay as well as psychological help. According to the CBC, the current compensation for jurors in Ontario is just $40 per day starting only on the 11th day of a trial, which increases to $100 per day if the trial […]

The second degree murder trial of Jeremy Hall in Welland, Ontario ended in a hung jury mistrial on June 2, 2015 after the jury failed to reach a unanimous verdict following six days of deliberations. The Defense Argument Dirk Derstine and Stephanie DiGiuseppe, counsel for Jeremy Hall, argued that Mr. Hall was not responsible […]

Possession of a Prohibited Firearm Use the link below to read Dirk Derstine’s comments in The Lawyer’s Weekly on the government’s legislative response to the Supreme Court of Canada’s decision in R. vs. Nur. R. v. Nur is a decision of the Supreme Court of Canada which struck down the mandatory minimum sentence of three […]

Use the link below to read Sean Fine’s excellent article “Steven Harper’s Courts: How the Judiciary has been Remade” (Globe and Mail). PUBLISHED JULY 24, 2015 UPDATED JUNE 5, 2017 Justice System Stacked? The article focuses on Stephen Harper’s misuse of the judicial appointment process to “stack the court” with Judges who are aligned with […]

Charges: Robbery, Aggravated Assault Magda’s client was discharged of aggravated assault and robbery charges after a multi-day preliminary hearing, under cross-examination various witnesses gave conflicting descriptions of the alleged assailant that did not match Magda’s client. Magda argued that although some witnesses were able to identify her client in the courtroom and in a line-up, […]

Counsel Dirk Derstine and Stephanie DiGiuseppe were recently successful in establishing that extensive wiretaps and room probes obtained as a result of a Part VI Authorization were unconstitutionally obtained, and therefore any wiretap evidence should be excluded from the trial. Justice Gerald Thomas Taylor made findings that the behaviour of the affiant was either in […]

The Crown stayed drug trafficking charges against Magda’s client on the first day of trial. This case dealt with a drug warrant executed by TPS officers from 51 Division. The defence was going to ask the Court to stay the charges due to excessive force used by members of the search team and the unreasonable […]

Judgement of Acquittal Ariel’s client received an acquittal on the charges of of Attempted Murder, Aggravated Assault and Robbery stemming from a brutal attack on a Peterborough taxi driver on Halloween night 2011. The jury found the main Crown witnesses to be not credible and the evidence of identity lacking. http://www.thepeterboroughexaminer.com/2013/04/23/jury-finds-accused-cabbie-stabber-not-guilty You may also […]

The Crown this week stayed all bank robbery charges against Magda’s client after her cross-examination of two key police witnesses. Large gaps were uncovered in the police surveillance. A stay is a direction of the court that the charges not be acted on at least until some other step is taken. Magda has secured multiple acquittals in jury and […]

Magda secured a discharge for her client charged with first degree murder after a lengthy preliminary hearing. In this identification case, the Court agreed that there was insufficient evidence for the matter to proceed to trial. The client was reunited with his family. Magda Wyszomierska has successfully represented individuals facing a wide variety of criminal […]

Magda argued that two officers form the Toronto Police Service used excessive force in executing an arrest warrant for Attempt Murder on her client. The Court agreed, finding that the actions of the officers were not motivated by fear and that they treated her client like an animal and exhibited poor judgement. Magda Wyszomierska has […]

Ontario’s Crown attorneys will soon be required to report cases where they believe police officers have lied under oath. The new policy comes after a Star investigation earlier this year that found more than 100 cases of police deception in Ontario and across the country.

The lawyer who defended child killer Michael Rafferty will also defend the man accused in a mass shooting at Toronto’s Eaton Centre.

On Nov. 21, 2011, the teens — twin brothers, then 15, and two friends, aged 15 and 16 — were walking in the common area, on their way to an after dinner Pathways to Education mentoring session. The much-lauded program helps keep kids in at-risk neighborhoods in school.

Magda Wyszomierska secured an acquittal for her client in a trafficking of crack cocaine jury trial at 361 University in Toronto. The Crown alleged that Magda’s client trafficked drugs to an undercover police officer.

A client accused of carrying a loaded gun in his waistband by officers in the Toronto Police Services Guns and Gangs Unit was acquitted today of all firearm charges. Derstine Penman lawyer Stephanie DiGiuseppe was successful in demonstrating key weaknesses in the Crown’s case, which led Justice Corrick of the Superior Court of Justice to […]