We are excited to announce that Shore Davis Johnston has reorganized as Shore Johnston Hyslop Day | LLP. Our website domain has changed to www.sjhdlaw.ca and our e-mail addresses have changed to @sjhdlaw.ca, but our other contact information will stay the same. Thank you for your continued support.
Michael A. Johnston's article "Whelan Still Waiting" has been published in the Criminal Law Quarterly (at (2018), 66 C.L.Q. 19): Patrick Whelan received a "short drop" and died slowly. His procedurally flawed execution was the tragic punctuation to a death sentence passed pursuant to a procedurally flawed trial and appeals. The trial and appeals were, individually […]
On 1 September 2018, Michael A. Johnston submitted a memorandum to Parliament about Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, in particular on the proposed changes to jury selection procedures: Representativeness is, therefore, a shield for an accused person, not a […]
When a defendant pleads guilty or is found guilty after a trial, their case proceeds to a sentencing hearing. At this hearing, the judge must decide what sentence to impose. The judge's decision must be based on the principles of sentencing set out in the Criminal Code and in the case law. The fundamental principle is "proportionality" (that […]
Michael A. Johnston published an article on the Government of Canada's proposed Bill C-75, titled "Challenging trial by jury without cause," in the 4 June 2018 edition of Law Times: Trial by jury is constitutionally entrenched in our criminal justice system, but more subtle is its critical role to our democracy. Jury nullification — the […]
A trial is a formal hearing into a regulatory or criminal offence. At a trial, the prosecution is called upon to prove that the defendant is guilty of the offences and the defendant has an opportunity to defend against the prosecution. At the end, the presiding "trier of fact" - either a judge or a jury […]
Before a case goes to trial, it may involve one or more pre-trial procedures. There are many different kinds of pre-trial procedures, but the two most common are (1) preliminary inquiries and (2) applications to admit or exclude evidence. Preliminary inquiries In some circumstances, a defendant may have the right to hold a preliminary inquiry. This procedure is available […]
Kimberly D. Hyslop presented her paper "Raising the NCR Defence at Trial" as part of the "NCR and Mental Health Panel" at the 29th DCAO / CCLA Criminal Law Conference: The issue to be considered is whether the accused has the capacity to reason and to understand the meaning of the terms right and wrong which requires […]
When a person is charged with an offence, they have the right to plead “guilty” or “not guilty.” When a person pleads guilty, they give up their right to a trial, they give up their right to make the prosecution prove their case, and they admit that they committed the essential elements of the offence. […]
In some cases, charges can be resolved without a trial and without a plea of guilt. The two most common ways to resolve charges without findings of guilt are post-charge diversion and peace bonds. These options are normally available where the defendant is a first-time offender or where the prosecution recognizes that its case is […]
