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To Sever or Not to Sever, That is the Question!
On Thursday, September 18, 2025, the Criminal Justice Section opened its CPD program season with “Unique Pre-Trial Applications: Severance, Particulars, & Release of Exhibits for Scientific Testing.” The esteemed panelists shared the perspectives from the Bench, the Crown, and the criminal defence Bar. Their respective views and insights helped the attendees to unravel the important factors, critical timelines, and procedural particularities of these powerful but often misunderstood and underused pre-trial applications. Importantly, these pre-trial motions are designed to resolve legal issues that may affect the conduct or fairness of the trial.
Learn moreBridging the Justice Gap: How Marginalized Communities Can Navigate the Criminal Justice System
Alysha Birdi, first-year JD student at the University of Leicester, United Kingdom | May 16, 2025
This article explores practical ways to improve access to the criminal justice system for marginalized communities in Canada. It highlights key support systems such as Legal Aid, pro bono clinics, court workers, and legal education tools, emphasizing the shared role of law students, lawyers, and institutions in closing the justice gap.
Learn moreTroubling Trends in Indigenous Investigation in Thunder Bay (Pt. 2)
Nancy Bediako | November 26, 2024
Nancy Bediako reviews recent case law and systemic problems regarding the Thunder Bay Police Services' investigations involving Indigenous Canadians in this second article of a two-part series.
Learn moreAccess to Justice for Incarcerated Parents: Bridging the Gap
Emily O'Keefe, McLeod Green Dewar LLP & Associates | April 09, 2024
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.
Learn moreBehind the Screen: Navigating Law Enforcement Requests Post R v. Bykovets
Mitch Koczerginski, Robbie Grant, McMillan LLP | April 02, 2024
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.
Learn moreJustice Joseph Callaghan: Sitting on the Bench of the Ontario Court of Justice
Rachel Allen (she/her) | February 14, 2024
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.
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Neha Chugh: Addressing Bias Against Trans Communities One Juror at a Time!
Tamara J. Sylvester (they/them) | June 19, 2023
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.
Learn moreA Comprehensive Look at Youth Records in Adulthood: A Panel Discussion
Willem Crispin-Frei | November 22, 2022
Discussion of Ontario Bar Association Child & Youth Law and Criminal Law Section panel discussion on November 9, 2022 entitled “A Comprehensive Look at Youth Records in Adulthood”.
Learn moreRestorative Justice: An Alternative Path in Sexual Assault Cases?
Jeff Carolin | January 10, 2022
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.
Learn moreWhat to Expect when you’re NCR and What to Explain when you’re Counsel
Anita Szigeti and Maya Kotob | November 14, 2021
Mental health lawyers Anita Szigeti and Maya Kotob offer an overview of what occurs after a finding of not criminally responsible, and what lawyers need to explain to their clients when this disposition is a likelihood.
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