About Articles The below articles are published by the Criminal Justice Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles



Access to Justice for Incarcerated Parents: Bridging the Gap

  • April 09, 2024
  • Emily O'Keefe, McLeod Green Dewar LLP & Associates

An overview of the jurisprudence with respect to incarcerated parents seeking parenting Orders with their children and attempts to identify the deficiencies in the current approach adopted by the various provincial and federal actors involved in facilitating parenting time between children and incarcerated parents. The article summarizes key themes that emerge throughout the legislation and jurisprudence on this issue and urges family lawyers to consider the impact of incarceration on parenting.

Criminal Justice, Family Law, Student Forum

Behind the Screen: Navigating Law Enforcement Requests Post R v. Bykovets

  • April 02, 2024
  • Mitch Koczerginski, Robbie Grant, McMillan LLP

In R v. Bykovets, the Supreme Court found that there is a reasonable expectation of privacy in IP addresses and, as such, law enforcement need judicial pre-authorization to obtain access to them. This article provides a brief overview of the SCC’s decision and discusses important considerations under Canadian privacy law when determining the extent to which a business may disclose personal information to law enforcement without consent.

Criminal Justice, Privacy Law, Student Forum

Justice Joseph Callaghan: Sitting on the Bench of the Ontario Court of Justice

  • February 14, 2024
  • Rachel Allen (she/her)

Justice Joseph Callaghan is an openly gay judge currently sitting in the Ontario Court of Justice in Toronto. He has been sitting on the bench since 2022, after working in the criminal justice system since 1995.

Criminal Justice, Sexual Orientation and Gender Identity Law, Student Forum
photo of Neha Chugh

Neha Chugh: Addressing Bias Against Trans Communities One Juror at a Time!

  • June 19, 2023
  • Tamara J. Sylvester (they/them)

Recently, the Supreme Court's obiter comments in Chouhan were put to the test. The Ontario Superior Court in R v K.P. granted an application to challenge prospective jurors for cause on the ground that they may be biased against transgender individuals in the community of Cornwall. The lawyer behind the compelling application was Ontario’s very own Neha Chugh. Chugh, who practises criminal, family and child protection law in Eastern Ontario, is no stranger to the spotlight or commendation.

Criminal Justice, Sexual Orientation and Gender Identity Law, Student Forum

Non-criminal Activity in Criminal Background Checks: Khorsand v. Toronto Police Services Board et a., 2023 ONSC 1270

  • June 15, 2023
  • Nancy Bediako

Mr. Khorsand applied for judicial review of the Toronto Police Service Board’s background check after multiple failures as he sought employment as a Special Constable with the Toronto Community Housing Corporation. The Board refused to give Mr. Khorsand the reasons for the failed checks even though he has no prior criminal convictions or charges. After accessing police records that confirmed this, he challenged the Board’s decision by seeking Judicial Review of the Divisional Court.

Administrative Law, Criminal Justice, Student Forum
Cover image of book: Just Pursuit

Legal Reads: A book review of "Just Pursuit"

  • March 27, 2023
  • Matilda Lici

“The pursuit of justice creates injustice.” Thus opens the memoir of Laura Coates, a Black former federal prosecutor in the Civil Rights Division of the United States Department of Justice during the Bush and Obama years. Through a series of vignettes, she peels back the curtain to expose the inner workings of the criminal justice system, and lays bare the ways in which a system ostensibly set up to secure justice often fails those who become wrapped up in it.

Criminal Justice, Women Lawyers Forum, Student Forum

A Lawyer’s Reflections on COVID-19

  • June 10, 2022
  • Neha Chugh

Criminal defence lawyer Neha Chugh reflects on working from home during COVID-19, separating work and home life, and returning to court.

Criminal Justice, Student Forum

Restorative Justice: An Alternative Path in Sexual Assault Cases?

  • January 10, 2022
  • Jeff Carolin

Jeff Carolin, a criminal defence lawyer with a restorative-justice-informed practice, recounts his experience representing a sexual assault complainant in a restorative justice process in Toronto, the first of its kind. Jeff explains how this process unfolded, potential safeguards for defendants who wish to participate, and the roles each actor has to play throughout the process.

Criminal Justice, Student Forum