Articles

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: Alexa Klein

Today
Today
March 2016 Appeal Court Review

March 2016 Appeal Court Review

  • March 28, 2016
  • Crystal Tomusiak

A succinct summary of the last month's Ontario Court of Appeal criminal cases.

Criminal Justice
An Advocate's <em>Cri de Coeur</em>

An Advocate's Cri de Coeur

  • March 28, 2016
  • Alan D. Gold

One of Canada's preeminent lawyers asks for help out of the "straitjacket of stare decisis."

Criminal Justice
An End to Unmeritorious "Disclosure" Applications?

An End to Unmeritorious "Disclosure" Applications?

  • March 08, 2016
  • Dallas Mack

In R. v. Jackson, the Ontario Court of Appeal sought to "discourage unmeritorious third party records applications" by circumscribing the limits of traditional disclosure.

Criminal Justice

January 6-Word SCC Review

  • January 25, 2016
  • Enzo Rondinelli

For a quick snapshot of the Supreme Court of Canada's latest, check out Enzo's 6-word SCC Summary.

Criminal Justice
Dilution of the Right to make Full Answer and Defence: The new disclosure regime in the <em>Charter</em> application context

Dilution of the Right to make Full Answer and Defence: The new disclosure regime in the Charter application context

  • January 22, 2016
  • Michael Lacy and Joe Wilkinson

With Charter remedies providing the only defence to many criminal charges, gathering evidence to support these claims is integral to full answer and defence. However, Courts seem to be watering down the Crown's disclosure obligations as they apply to "Charter evidence." Is this true, and if so, what can be done about it?

Criminal Justice
Case Comment: <em>R. v. Nuttall</em>, 2015 BCSC 202

Case Comment: R. v. Nuttall, 2015 BCSC 202

  • December 16, 2015
  • Scott K. Fenton

In R v Nuttall, the British Columbia Superior Court ordered the disclosure of privileged Crown advice to the police and expanded the "innocence at stake" exception beyond the context of "factual innocence." In this short article, defence counsel and former prosecutor Scott Fenton explains why and describes how this decision might impact your own practice.

December 6-Word SCC Review

December 6-Word SCC Review

  • December 16, 2015
  • Enzo Rondinelli

Got a minute? Or less? Get caught up on the Supreme Court of Canada's criminal cases with Enzo's pithy 6 word review.