Not in our Backyard!

By: Adam Newman, associate “Over 250 years ago, William Pitt (the elder), speaking in the House of Commons, described how “[t]he poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail — its roof may shake — the wind may blow through it — the storm […]

The Compellability of an Accused Person at Trial: What Does the Right to Silence Really Mean?

By: Laura Remigio, associate Everyone in Canada has certain rights that are protected by the Canadian Charter of Rights and Freedoms. Many sections of the Charter also have specific rights that are designed to protect people who have been charged with a criminal offence. Some of these rights are well known in society, such as […]

The Role of Victim Impact Statements in Sentencing

By Adam Newman, Associate Victim Impact Statements (“VIS”) play a highly influential role in sentencing. Not only do they factor in to what sentence someone found guilty is given, Parliament went out of its way to expressly provide victims of crime with a statutorily protected opportunity to express the impact the crime had on them. […]

Bill C-51 in Practice: Severe Implications for the Rights of the Accused

by: Allison Lee, articling student In our last post, New Law For Sexual Assault Forces Defence to Disclose Texts, we discussed the new regime governing the type of evidence that can be used by the defence, and ultimately how it may be used, following the introduction of new sexual assault provisions into the Criminal Code […]

New Law for Sexual Assault Forces Defence to Disclose Texts

by David Gildiner, Associate There is a new law of the land for sexual assault cases. The most significant changes introduced by bill c-51, which came into force on December 13, 2018, relate to what evidence can be used by the defence in a sex assault trial. The Defence has to Disclose Texts […]

Connaissez vos droits linguistiques dans les cours de justice

Texte par Tania Bariteau, Associée Préambule Le texte qui suit n’est pas un texte exhaustif sur les questions linguistiques dans le domaine du droit criminel. Au contraire, ce texte adresse seulement les questions posées le plus fréquemment sur les services juridiques offerts en français ainsi que sur les droits linguistiques d’une personne accusée d’avoir commis […]

The Aftermath of R v. Hart: The Consistent Admission of Statements Made during Mr. Big Sting Operations

By: Jordyn Benatar, Associate, Derstine Penman Criminal Lawyers No new friends! Despite recent changes to the law surrounding confessions elicited through Mr. Big sting operations, accused and suspected individuals must remain vigilant and suspicious of those who befriend them in an effort to elicit incriminating information. What is a “Mr. Big Sting Operation”? The […]

Do Police Need a Warrant to Access my Facebook Direct Messages?

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 have […]

Driving High in Ontario: Still Illegal

by Geoff Haskell, Associate, Derstine Penman Criminal Lawyers 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, […]

We Need to Do More to Support Our Colleagues

By: Tamar Bitton, Articling Student at Derstine Penman 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 […]

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