The Canadian Charter of Rights and Freedoms imposes limits and obligations on government authorities and grants rights and privileges to persons suspected or charged with offences. As part of our constitution, the rights and freedoms protected by the Charter supersede other legal rules, including the provisions of the Criminal Code and the Controlled Drugs and […]
by Aileen Furey Marie Henein is one of Canada's top criminal defence lawyers, and now a household name after she successfully defended Jian Ghomeshi in his criminal trial earlier this year. You don’t have to aspire to work in the criminal justice system to appreciate the perspective of Ms. Henein. Criminal law is just one […]
by Michael A. Johnston Being accused of a criminal offence has many indelible and irreversible aspects. Often, a criminal defendant is tried and convicted in the courts of public opinion before he or she has even made a first appearance, let alone made full answer and defence. What is worse is that even if a […]
Michael A. Johnston presented his paper "Johnston on Juries for Junior Jurists" as part of the "Awaiting the Verdict: Are Trials by Jury Still a Thing?" panel at the 28th DCAO / CCLA Criminal Law Conference: "Younger members of the profession start their careers with very little, if any, understanding about trial by jury; the […]
Kimberly D. Hyslop submitted her paper "Kids Say the Darndest Thins: Why Statements of Youth Accused Should Rarely Be Ruled Admissible" to the "10 Under 10" panel at the 27th DCAO / CCLA Criminal Law Conference: Pursuant to section 146(2), no oral or written statement made by a young person to a peace officer or to […]
Following the publication of his article in the Criminal Reports last week, Michael A. Johnston has been cited by the Toronto Star: "Ottawa lawyer Michael A. Johnston, in a paper published last week, argues that up 10 per cent of Canadians are being unfairly barred from jury duty because they have a criminal record. In Ontario, […]
Michael A. Johnston's article "The Automatic Exclusion from Juries of Those with Criminal Record Should be Ruled Unconstitutional" has been published in the latest edition of the Criminal Reports (at (2015) 17(2) CR 335): "The civic act of serving as a juror gives a citizen the responsibility of determining another person's guilt or freedom, as well as […]
Michael A. Johnston publishes his paper "Spare the Rod, Spoil the Code - The Unconstitutional Actions of the Supreme Court of Canada in Canadian Foundations for Children, Youth and the Law v Canada (Attorney General)" in the latest edition of the Defence Counsel Association of Ottawa's magazine, The Last Line (at 3:2 (Dec 2015) 12): "By analyzing the […]
by Michael A. Johnston Data from Statistics Canada shows that although the overall number of youth (including Aboriginal Youth) being held in pre-trial detention has decreased in the past few years, the percentage of aboriginal youth being held has increased dramatically.
Matthew B. Day presented his paper "Non-consensual distribution of intimate images" as part of the "10 Under 10" panel at the 26th DCAO/CCLA Criminal Law Conference. "The proposed offence seeks to criminalize conduct that exists at the intersection of sexual liberty, sexual privacy, freedom of speech, and the regulation of the Internet. In a review […]
