By Andre Nguyen, Summer Student If you were anything like me growing up, you loved watching “To Catch a Predator”, an American reality show “devoted to impersonating underage people (generally ages 12-15) and detaining male adults who contacted them over the Internet for sexual liaisons.” However, as a legal professional, you begin to wonder about the legalities surrounding such a show and such an investigation.

The TNWJC presents an alternative to the traditional court model of criminal justice. As an alternative, it views youth involvement with the justice system—whether it is as a complainant, a witness, or an accused—as a broader community issue.

Article linked here.

By Pearl Bakhtiari, Articling Student Here are a few things to consider that will make the process less painful when determining how to hire the right criminal lawyer for your case

By Tiffany Phan, Articling Student Police Division arrests were split among 4 Crown Offices and Case Management Courtrooms as opposed to the original 5. Helpfully, the Case Management Courtroom reorganization compliments the Crown Office reorganization.

By Pearl Bakhtiari, Articling Student Mental health courts are in place as a response to the challenges faced by those who struggle with their mental health and consequently, the law. They allow for a more effective and rehabilitative approach to address the legal issues that arise due to mental health struggles. These courts have specialized staff, including mental health support workers, psychiatrists, and specially trained Crowns, Duty Counsel and Judges.

By Jason Ruggeberg, Law student. In Canada, an impaired driving conviction comes with a mandatory minimum driving prohibition of one year. However, even before being charged, the offender is liable to an automatic 90-day license suspension under the Ontario Highway Traffic Act (HTA). A court-ordered prohibition on driving lasting until their charges are resolved may also be imposed as a condition of their release, although this is relatively rare in Ontario.

By Jocelyn Heaton, Articling Student. In 2018, Parliament introduced ss. 278.92 to 278.94 into the Criminal Code, with the purpose of protecting the interests of complainants in private records in possession of the accused. Most commonly this includes text messages, social media posts, diary/journal entries, medical/therapeutic records, and more.

By Jocelyn Heaton, Articling Student. The Criminal Code contains various provisions that limit an accused person's ability to adduce certain evidence for certain offences. S. 276 of the criminal code prohibits the admission of sexual history evidence unless it (1) is relevant to an issue at trial (2) is of specific, as opposed to broad or general, sexual activity, (3) has significant probative value not outweighed by prejudice to the complaint, and (4) proved to not perpetuate the twin myths.

By Jocelyn Heaton, Articling Student One of the most important aspects of criminal law for accused persons is their sentencing, determining what sanctions are to be placed upon them, and for how long. However, due to the nature of sentencing case law, requiring sentencing judges be given significant deference on appeal, it is not common that we see sentencing cases make their way to the Supreme Court. However, in March of 2022, four sentencing cases did just that, leading to significant media attention on issues of sentencing. But what actually happened in these cases and what are the impacts on accused persons rights?

By Ryan Conway, Summer Student Below is a chart showing the general progression of a criminal charge and what update might be expected at each appearance type.

By Ryan Conway, Summer Student This blog post covers what it’s like to step into or connect digitally to your first court appearance. Read on for a list of tips to get through the process smoothly.

By Ryan Conway, Summer Student Zoom court is relatively new to Ontario. Here are your questions answered on how to attend including finding your courtroom link online.

By Ryan Conway, Summer Student After you’ve been charged with a criminal offence, what are the next steps you must take? Read on to find out how to attend Case Management Court with or without a lawyer by your side.

Dirk Derstine wins appeal as the Ontario Court of Appeal sends back a first degree murder conviction, finding that constructive murder ought not to have been left with the jury.

By Isabelle Currie, Summer Student Have you ever wondered what the difference is between the different degrees of murder in Canada? Have you been confused between the US model and our model for murder? Look no further – here is a quick breakdown.

By Tiffany Phan, Summer Student As a case moves along towards trial, there are certain actions each side must take to ensure that key milestones are reached (e.g., disclosure is vetted by the Crown and released to the defendant; the disclosure is reviewed by the defendant; a Crown Pre-trial is scheduled and held; a Judicial Pre-Trial is scheduled and held; trial dates are canvased and scheduled). When these milestones take longer to reach than expected, the delay will usually be attributed to one side.

In a recent case, the Superior Court of Justice was forced to consider two important competing interests: society’s interest in co-accused participating in a joint trial and the 11(b) rights of individual accused. In this case, after awaiting trial for three years, our client, Mr. Smith, and his co-accused, Mr. Douse, faced a potential further year-long delay due to the actions of the Crown and a second co-accused, Mr. Sitladeen, who had fled to the United States prior to his arrest.

By Jordyn Cowley, Associate The placement of an accused person in the courtroom during his or her trial has been a longstanding topic of debate in the Ontario Superior Court of Justice. In our recent case, R. v. Douse and Smith, 2022 ONSC 3163, the Honourable Justice Schreck took the opportunity to comment on the issue and clarify a principled approach.

By Carolina Salles Quaresma, Articling Student Nowadays we have literally the world in our hands. With a cell phone in hand, we can talk to anyone anywhere in the world, we can deposit a cheque, we can record a video, take a photo of a special moment. Access to private information such as bank account, photos, videos, can be potentially dangerous if in others’ hands.