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

Editor: Amanda Ross


Crime Stoppers’ Tips and Confidential Informants – Proceed with Caution

  • September 10, 2018
  • Grace Hession David,

Grace Hession David reviews the law surrounding Crime Stoppers' Tips, with a specific focus on the recent Supreme Court of Canada decision of R. v. Brassington, 2018 SCC 37. Grace summarizes recent examples of successful and unsuccessful "innocence at stake" applications and sets out the applicable test for counsel to consider.

Criminal Justice, Student Forum

Key Changes to the Regulated Health Professions Act - Important Information for Criminal Lawyers Acting for Health Professionals

  • September 10, 2018
  • Lad Kucis, Certified Specialist in Health Law

Lad Kucis summarizes recent changes to the Regulated Health Professions Act, 1991 (RHPA) and explains how they relate to the implications of charges, conditions of release and findings of guilt in respect of criminal matters. A must-read for criminal practitioners who represent regulated health professionals.

Criminal Justice, Student Forum

R v. Brassington – A Conflict of Privileges

  • September 10, 2018
  • John Dick

John Dick discusses the implications of the Supreme Court of Canada's recent decision in R. v. Brassington and the complicated law surrounding the intersection of informer privilege and the right to make full answer and defence.

Criminal Justice, Student Forum

Regina v. McCaw: Offering Clarity to s. 52(1) Constitutional Declarations of Invalidity

  • September 10, 2018
  • Eric Neubauer

Eric Neubauer notes that R. v. McCaw, 2018 ONSC 3464 has important implications for constitutional litigation that extend far beyond its holding that s. 33.1 of the Criminal Code is unconstitutional: the case confirms that constitutional declarations of invalidity render a law null and void for all future courts, unless and until the declaration is successfully appealed to a higher court.

Criminal Justice, Student Forum

Outlining a Sexual Assault Diversion Program

  • June 04, 2018
  • Nadia Klein and Robin Parker

The #MeToo movement has condemned the criminal justice system’s handling of sexual assault allegations. How can we address these concerns without sacrificing the rights of the accused? A diversion program for less serious sex assault cases may be part of the answer.

Criminal Justice, Student Forum

The Ideal Lawyer – 21st Century Redux

  • May 28, 2018
  • Craig A. Brannagan

One hundred years ago, Justice Brewer of the U.S. Supreme Court asked if the ideal lawyer existed, and if so, what qualities constituted this ideal. In 2018, Craig A. Brannagan asks whether Justice Brewer's conclusions apply to lawyers practising in Canada a century later.

Alternative Dispute Resolution, Criminal Justice, Taxation Law and 1 more..., Student Forum

The dangerous fentanyl drug problem: a mens rea issue

  • May 24, 2018
  • Alan D. Gold, Laura J. Metcalfe, and Alex I. Palamarek

Is fentanyl skewing the sentencing process? Alan Gold and his associates reflect on the punitive implications of the fentanyl scourge.

Criminal Justice, Student Forum

Ontario Court of Appeal Summaries (May 13- May 18)

  • May 22, 2018
  • John Polyzogopoulos

I would like to congratulate our very own Roger Horst and Rafal Szymanski on successfully representing the respondent in Correct Building Corporation v. Lehman. The Court dismissed the appeal against our client and granted our client’s cross-appeal, resulting in a dismissal of all claims against our client by way of summary judgment.

Civil Litigation, Criminal Justice, Insurance Law and 1 more..., Student Forum

October 2017 Ontario Court of Appeal Review

  • October 10, 2017
  • Crystal Tomusiak

Crystal Tomusiak brings you the Ontario Court of Appeal criminal law decisions you need to know. This month: How s. 276 applies to an entire relationship, reversing a s.11(b) stay of first-degree murder charges, and what happens to a murder charge when sexual assault occurs after the victim is already dead.

Criminal Justice