The science tells us that adolescence doesn’t end until around age 25, so why does the YCJA end at 18? Listen to Howard Sapers, Dr. Ashley Vandermorris and I discuss the future of adolescent restorative justice.
Peacebuilders Leading The Way: via
@YouTube
There is a lot of misinformation being circulated by the media about the decision in Sullivan & Chan. The decision does not make intoxication a defence to sexual assault. Suggesting that it does is wrong, dangerous & undermines public confidence in the administration of justice.
Canada has announced major criminal justice reform: repealing many mandatory minimum sentences & opening up access to conditional sentences for all offences. This is coupled with a direction to police & prosecutors to divert majority of simple drug possession case. More info soon
This is Volodymyr Zelensky. President of Ukraine. He is Jewish. His grandfather fought the Nazis in WW2. Many of his relatives were killed in the Holocaust. He is standing up to a dictator. Because he is brave. Because he knows what happens if you don’t.
A big day for criminal justice reform in Canada - c-5 repealing most mandatory minimum sentences has become law. Man min sentences remove judicial discretion and result in unfair sentences - often for Canada’s most vulnerable. Kudos to everyone who has worked towards this moment!
Hey
#lawtwitter
, what should I buy a first year law student for Christmas, if the first year law student is also 64 years old and is also my father?
I would like to get him something significant to mark this incredible, unique thing he is doing with his retirement. Ideas?
I wish the justice system cared less about figuring out whether you did it and a whole lot more about figuring out why you did it and how we can help you so that you never do it again.
Our firm will provide free legal advice to any protestors who need it.
@LisaHJorgensen
and I will be available over the weekend at 416 964 9664 x 103 (Me) and 104 (Lisa).
I was a bit surprised by the emotional impact of seeing that the full complement of judges appointed to the SCJ today are women. Of course it can’t (and shouldn’t) always be that way, but it’s so wonderful that it CAN be that way :)
A sad goodbye to my mentor, partner and friend, Clayton Ruby. Clay loved life, he loved people. He understood justice and he fought for it. He made the world a better place. Clay was funny, kind, and completely original. We will not see his like again. Rest in peace, dear friend.
Clayton Ruby passed away peacefully yesterday afternoon, surrounded by his family. Clay was a dedicated advocate for human rights, a champion of the underdog and a loving friend. Our thoughts are with his family and our entire firm mourns the loss of our leader and mentor.
It was a pleasure guest lecturing today on constitutional litigation at Leicester Law School in England. The best part: having my Dad - who, at 65, is in his second year of law school - in the audience!
@LawLeicester
@uniofleicester
The
@ClaOntario
condemns the
@tdsb
's irresponsible & ignorant position in refusing to promote the “A Room of Your Own” book club event featuring defence counsel Marie Henein’s memoire, Nothing But The Truth.
Read full statement here:
I know most crowns aren’t on twitter, but I have to shout out the very compassionate and humane positions taken by Crowns on my cases over the last couple days. They have consented to releases in extremely challenging contexts. I am proud to be a member of the criminal bar.
Neither Sullivan nor Chan were charged with sexual assault. Neither of them were drunk. Both entered into states of psychosis as the unintended consequences of ingesting substances. This happened to Sullivan after he tried to commit suicide by overdosing on his prescription meds
These sorts of mental states are exceedingly rare. There are many hurdles in place to even raise a defence of this nature, including a requirement to call a medical expert. The kind of intoxication that lowers inhibitions or alters mood is never a defence to any type of violence.
I appreciate the decision is complicated and difficult for non-lawyers to understand. I am available to speak to any media who want to get this story right, as are
@MDRobitaille
, Matt Gourlay,
@JillPresser
and Lindsay Daviau
I say no. Gowns add decorum to Court proceedings & they are a great equalizer for counsel (I.e. you don’t need to have a certain wardrobe to be taken seriously) & I say this having done many long trials, winter & summer, & 2 80+ day trials in the mid to late stages of pregnancy!
For
#BlackHistoryMonth
, I’m posting 1 case or article per day on the interaction between race, culture, and the law. These cases serve as inspiring examples of lawyers using the law to advance racial justice issues. They also reveal how much work remains ahead of us. A Thread:
S. 33.1 meant that they didn’t have a defence, even if they did not intend to become extremely intoxicated or to harm anyone and even if they did they things they did when they have absolutely no control over their body - they were in a state of psychosis or an automatic state
Ford says legal aid lawyers are over paid: “when there’s more money to the lawyers & less money to the ppl, I’ve got an issue with it”
Legal aid pays (simple cases)
Guilty plea: $747
Withdrawal: $965
Bail hearing: $303
Bail variation: $151
Charter motion: $303
Bail review: $455
A huge congratulations to
@AEnenajor
who secured an acquittal for her client today on charges of first degree murder and attempted murder in relation to a drive by shooting in Winnipeg. A hard fought and well deserved victory. 👏👏👏
It happened to Chan when he took a recreational dose of magic mushrooms - probably because he had an underlying brain injury that he didn’t know would cause him to react that way. They both physically assaulted people they loved with tragic consequences
Even w kids back to school, the pandemic has & will continue to disproportionately impact lawyers w care responsibilities. I am proud to have authored this letter to the judiciary on behalf of
@ClaOntario
asking for fair & reasonable accommodation:
I sat through yesterday’s attack on Beth Israel Synagogue thinking of my husband, my beautiful children, my family & the loving community that embraced me when I married into a Jewish family. I am proud to be a part of it & I stand against antisemitism yesterday, today & everyday
Exciting news: we're hiring! We're looking for an articling student with a passion for advocacy, a strong academic record & excellent writing skills. Interested candidates, please provide a cover letter, CV, transcript, and two writing samples to cmckinnon
@rubyshiller
.com
This tweet is dedicated to all the moms spending 2 extra minutes in the bathroom with the door locked to check their email and take a quick scroll through twitter, while their kids scream and bang on the door.
This is why
#potpardons
should have been truly free (no ancillary fees), meaningful (expungement), and automatic (no application). Justice shouldn’t be expensive, shallow, and difficult to obtain.
#cannabisamnesty
@CannabisAmnesty
The Holocaust was the industrialized execution of six million Jews and the destruction of their civilization and culture. It continues to traumatize those who grow up in its shadow. If we had a moment of silence for every victim, we would be silent for 11.5 years.
#neverforget
I’m honoured to have been nominated for Women’s Director of the
@ClaOntario
. If elected, I promise to listen, learn and amplify the voices of the women around me & to work hard to make sure the defence bar is a place where women thrive & are recognized for their accomplishments!
To all
@ClaOntario
members. The position of Women's Director - Toronto is open for nominations. This will be a quick turnaround, as the election is next week. For more information on how to submit a nomination, go to the link:
My first SCJ trial, the defence was that cops planted a gun found near my client on my client. I was SO nervous-7 cops claimed the gun was on client’s waistband. But in cross they were so inconsistent. The J believed my client & acquitted. Cops plant stuff & lie about it.
It’s a PD day, so naturally I am covered in sparkles (“fairy dust”). I have Zoom court at 1 pm. Turns out fairy dust is more difficult to get off than one might imagine….
I am excited to share that I have joined in partnership w/ Clayton Ruby, Brian Shiller (
@bshiller
), & Annamaria Enenajor (
@AEnenajor
). I am thrilled to be working with these three wonderful lawyers.
The worst thing about zoom practice court is seeing your friends and the colleagues on the line and not being able to say hi and chat. Where’s the breakout counsel lounge?
While
#lawtwitter
is hot on the subject of
#robingrooms
we should also talk about accommodating counsel who are breastfeeding mothers. The current facilities at the majority of Ont courthouses do not offer options for privacy when pumping.
Legal pet peeve: we need to abandon citations at end of paragraph & adopt footnote citation. A single paragraph can have many factual &/or legal citations from multiple sources. The end of para. method makes it difficult to quickly identify the source of a particular item. 😬
@lparkpc
This is completely wrong. A more accurate way to think of it: Right now the huge amount of work involved to prepare bail hearings outside of crt is being split between duty counsel & the private bar. Now all the work will be downloaded on to DC.
Thanabalasingham is a great decision from the SCC affirming the importance of the 11(b) right. The court is right to strongly condemn the culture of complacency that is one factor in creating systemic delay. But culture is really the smaller contribor; FUNDING is the main culprit
I stand w Israel, I stand w the innocent murdered today, I stand w the kidnapped tortured today. Hamas is an evil machine of death & propaganda and every time we blame anyone else for todays’s events, it’s a win for Hamas & the regimes funding them. Call out the real evil.
Watching crim law respond to the proposed court reforms (e.g., remote trials) like: I can’t imagine many other professions would fight against changes that would make their own jobs/lives 100x easier (no more unpaid 4 hr commutes?), all in selfless service to their clients.
Had an amazing time today speaking to
@queensulaw
students about R. v. Sullivan from the comfort of my car! An opportunity for a family ski day came up & this lecture was the only thing on the calendar, so I took a quick break from the slopes for some law talk!
#WorkLifeBalance
@NoLore
Allow me to explain this v simple concept to you: unlike Hamas, which surprise attacks and targets civilians, Israel warns civilians to evacuate THE BUILDING / AREA they are about to bomb before they bomb it, to MINIMIZE the civilian death toll.
Defence lawyers do it for all the right reasons. Primarily empathy. It’s amazing that a group of people who constantly show empathy to their own detriment are also constantly portrayed in the public as the “bad guys”.
A few observations about time:
- work produced between 5 am and 7 am is always better then work produced between 1 am and 3 am
- the hours between 9 am and 1 pm move slower than the hours between 1 pm and 5 pm
- 1 hour tasks always take at least 3 hours
A gigantic percentage of correctional law (advocating for incarcerated people w jails, the ministry or even through the crts) is done by criminal defence lawyers who are largely unpaid for this work. It’s like if your divorce lawyer just wrote your will on the side for free.
Yup. Now add: getting kids to & from school, activities, play dates, some QT, cooking meals, grocery shopping, school lunches, getting the damn form signed for pizza day, making sure everyone’s favourite snacks are in the house, not running out of toilet paper, & doing your hair
A trial is all encompassing - when you're in the thick of it, you think about it while eating, resting, just before you fall sleep and right as you wake up. Amidst this, you still have other clients to deal with. You have bails to run, CPTs, and JPTs, and everything in between.
Thank you to
@johnstruthers
and the whole
@ClaOntario
exec on the hard work and dedication they have demonstrated to help protect the criminal bar, court staff, CJS participants, & inmates during COVID-19. Everyone is working overtime and appropriate responses appear imminent. 👏
Along with a number of worthy candidates, I’m running for a position on the CLA exec to continue my advocacy on behalf of the profession and the communities we serve:
Anyone interested in honing their appellate advocacy skills will want to tune in to tomorrow’s
@SCC_eng
hearing in Chouhan (on jury selection) feat. an all star cast of counsel, led by
@DerstinePenman
’s Dirk Derstine. Good luck to all!
On Wednesday the Supreme Court will hear an important appeal on changes the federal government made to help make juries more diverse. Associations representing racialized lawyers argue that the changes will have the opposite effect.
@torontostar
My latest project for
@CannabisAmnesty
- PARDON has officially launched! PARDON is an advocacy campaign & product line, dev’d in conjunction with
@dojamj
, to build awareness & raise money to support
#cannabisnesty
& the pardon movement
#pardontothepeople
We’re hiring an associate!
As an associate at RSED you will get exposure to all areas of criminal defence work as well as the opportunity to be involved in public interest advocacy and regulatory work. For details see:
This is an important reminder. Recently, was laughed at (and then yelled at) when I suggested a somewhat novel pre-trial motion. But I won the motion and it significantly changed the landscape of the case and led to a great result. Moral of the story: stick to your guns.
@lparkpc
DC who are in court all day running all the hearings will not be able to assist w prep - either in the office or meeting w accused in cells. Some DC will have to run lengthy special bails that are usually covered by private counsel, so that DC will not be in a general bail court
A funny thing about lawyers is recieving an ooo message and then a substantive response five minutes later. Merry Christmas
#lawtwitter
- I hope you all get to take a real break! See you in 2022.
1/ We cannot become so sensitive that we are incapable of engaging in discourse involving race. 2/ What many don’t realize is that law school helps you build resilience through incremental contact w the disturbing facts & issues that are an integral part of your future job
Let’s just think about this: “students said they did not feel properly supported in having to read upsetting details in real-life case law relating to the hypothetical case.” Cindy Blackstock’s comments are particularly interesting here.
#KnowYourRights
: “You are absolutely allowed to film police interactions with the public. It is part of our civic duties and responsibilities” (
@DanielBrownLaw
)
Clearly
@TPSOperations
needs to teach their officers the law.
I’m so honoured to be featured on this list from
@PrecedentMag
, alongside a group of lawyers I admire, including an old friend
@_JananiS
, a new friend
@lindsaysscott
, and future friends (if I may be so bold)
@aarondeep_bains
, Amanda Carling, and Alex Koch.
Toronto City Council to spend 15M on surveillance and
#shotspotter
#Ontario
to cut spending on mental health by 335M
Ummm, you guys know that the 1st is a system that can (probably) detect gunshots once they've happen while the 2nd is a system that can help prevent them, right?
We are excited to welcome Harshi Mann-our newest associate. Harshi joins us from a full-service firm in Vancouver& is ready to kick ass as a criminal lawyer in Toronto!
#lawtwitter
help us welcome
@harshi_mxnn
to our bar and our city with a follow & some♥️
“Resisting arrest” is the most commonly cited excuse for police brutality. People need to understand what this term means when officers use it. This man is being slowly strangled. He is weakly flailing his arms. Every time he moves, police call out “resisting”.
Even if you agree with all of Di Luca J.’s reasoning, the correct verdict for Theriault must be assault causing bodily harm (ABH) and not simple assault.
I talked to
@MDRobitaille
about the struggles of lawyering and parenting in lockdown and the awesome work by the
@ClaOntario
to advocate for caregivers throughout the pandemic -
Episode 9 of the
#LawyersLounge
Podcast is now available! In this episode
@MDRobitaille
interviews Eric Gottardi on the big SCC Cases to look out for in 2021 &
@SDiGiuseppeLaw
on legal practitioner struggles as they
#parent
during lockdown. Listen now at:
Looking for an excuse to get dressed up? For an in person networking opportunity? For an opportunity to be inspired by senior women of the bar and female judges? Or maybe you’re just in it for the 🍷 & canapés? Either way, join us this Saturday for the
@ClaOntario
Women’s Gala!
So proud of my former partner - legal rockstar
@LisaHJorgensen
for this win at the court of appeal. This was an area in dire need of clear opprobrium by the court. Sloppy Refreshing / 9(2) is prejudicial - we have these rules for a reason.
It’s fun to take comments about
#LegalAidCuts
& apply to other essential social services:
“If people want a FREE surgeon why should the taxpayers pay an expensive one. They get what’s there and handy”
“Police forces exist to provide police services not to pay police officers”
It is a privilege to represent the
@cancivlib
today, along with
@harshi_mann
, in R. v. Bissonnette, where we argue that life without the possibility of parole in the individual’s lifetime is incongruent with persuasive sources or international human rights law. Details below:
I am proud to present this year's
@ClaOntario
women's conference along with
@MichelleJohal
. The best part? A literal powerhouse of presenters willing to share their secrets in a traditionally guarded area: how to attract business and make money.
Call to action from
@MichelleJohal
& I - join us & others on the
@ClaOntario
Women’s Committee! This year we’re going to shake things up, with initiatives & events so useful the boys will be banging on the door, wishing they could get in. Here’s to a 2022 where women thrive.
@dereckapurnell
@amess
@VoltaireLaFlare
And yet your first post was that you were cheering for it 🤢. What you call “militarism and occupation” prevents this everyday. Hamas and their propoganda machine (which you took part in with your first post) causes this. Call out the real evil.
Justice Charron: “The Crown is not an ordinary litigant. As a minister of justice, the Crown's undivided loyalty is to the proper administration of justice. As such, Crown counsel who is put on notice of the existence of relevant information cannot simply disregard the matter...
This ⬇️ illustrates the complexity at the centre of the bail debate. We cannot create a system where innocent people who would have succeeded on bail lose years of their lives in custody. Not to mention, excellent work by crim defence super star
@tonya_ck
I got an acquittal for my client w/o a criminal record on firearm charges today. He spent a few days in custody before a "special bail" was held. He has been on bail for over 18 months w/o incident. Kneejerk reactors would have my client stay in jail. Reasonable bail is our right
Big picture: one of the most troubling things about
#C75
is that we no longer appear to have a major political party in Canada that stands for principled, evidence-based, and humane
#JusticeReform
that respects due process & individual rights.
@JustinTrudeau
@Puglaas
#canpoli
This case is a timely reminder of why we need a ROBUST and WELL FUNDED legal aid system. Can any right thinking person want to live in a country where a person’s rights are so blatantly trampled on because they can’t afford counsel?
ONCA orders new trial after trial judge told an illiterate self-represented dfdt to read his 2 boxes of disclosure and to have a defence expert witness with no legal training to conduct a cross-ex for him!!!
Since this interview, I have also inadvertently referred to a senior and esteemed panel of judges from the court appeal as “guys” - as in “I hear what you’re saying guys, but…”
R. v. Chouhan on the constitutionality of the new jury selection provisions is being argued at the ONCA today. Good luck to Dirk Derstine,
@gorhamlaw
, Mindy Caterina, and everyone arguing against bill-75’s misguided jury selection amendments.
“I reject the idea as a civil libertarian & as a citizen that the sins of the patriarchy can be remedied by convicting more people regardless of the evidence in the specific case”
@addariolawgroup
’s Frank Addario on how he can defend “those people”
@ClaOntario
conf Sopinka Lectur
So proud of
@AEnenajor
for designing & teaching this course on bias & CJS outcomes. This is one of the most important issues in criminal justice; not only does Annamaria battle it through her practice & community work - now she’s training a new generation of advocates to join her
Excited to be heading to
@queensulaw
today to teach my class, “Bias and Criminal Justice System Outcomes” to a fresh batch of engaged law students! Bonus: Getting to hang out with super-prof-mom,
@coleenlisa
!!
I learnt how to cross examine from a beat up burned DVD of a Posner & Dodd seminar that had been passed around many defence lawyers like a secret weapon. I can’t wait to see Roger Dodd live and IN PERSON at the
@ClaOntario
conference today.
You go to law school and everyone says “how could you ever defend criminals” but what they don’t tell you is you come out the other side wondering how you could ever prosecute them
The most efficient way to save
@LegalAidOntario
$ (& impact crt delay) is NOT budget cuts- change the Crown policies & procedures so that they vet cases properly, instead of w/d or offering reasonable positions only on the day of trial, after precious resources have been wasted.
Congratulations to Janani Shanmuganathan, winner of the 2022 David Scott Award for Pro Bono. Please join the profession as we celebrate this achievement and her contributions at the OBA Awards Gala on June 9 in Toronto.
#OBAawards
To give an idea of how the LSO annual fee compares, here are the fees for a sample of regulated professions:
Insurance broker-105
Real Estate-110
Nurse-270
Social Worker-360
Pharmacist-675
Chiropractor-1050
Architect-1094
Accountant-1107
Doctor-1725
Lawyer-2066
Dentist-2435
Is this what we should expect
@rcmpgrcpolice
when we call for a wellness check for a loved one in distress? Cpl Lacy Browning drags an incapacitated half dressed young woman through her building, steps on her head when she raises it & then lifts her head by her hair. Disgusting.
What a great idea. Young lawyer and students take note: shadowing is one of the BEST ways to learn how to litigate. Shadowing more than one lawyer helps you develop your own courtroom style. Shadowing often will make you more comfortable in the courtroom.
It is imperative to rethink the parameters (maybe even existence) of the notwithstanding clause. Invoking the clause to circumvent the charter routinely to advance unconstitutional policy (as opposed to invoking it as a temporary measure during emergency) is unacceptable.
"O'Toole has said he will invoke the notwithstanding clause to impose mandatory minimum sentences for certain crimes" Neither just, effective nor humane. Penalty should reflect serousness of crime and degree of responsibilty of perpetrator
Had a wonderful night celebrating the accomplishments of the women of the defence bar at the second annual
@ClaOntario
women’s gala. Thanks to everyone who came out for a fun and inspiring night!
Inhumane, vindictive & cruel. And unconstitutional. In Lyons (1987), the SCC cautioned that indeterminate detention is “profoundly devestating” and certainly cruel and usual unless key features such as sentencing discretion and the availability of parole are present.
After a deep dive into
#medtwitter
it’s clear the prison health system does not have a fraction of the resources to deal with an outbreak of
#COVID19
. If one happens, people will die, prob a lot of them. Does anyone know whether jails are making any efforts to screen and isolate?