Articles 2021

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.

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.

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.

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.

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”.

Toronto Federal Prosecutor Jason Mitschele recounts his experience navigating law school, the legal system, and COVID-19 Zoom court as a blind lawyer.

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

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.