Digital processes are now a central part of criminal law practice in Ontario. Courts across the province accept electronic signatures, require electronic filing, and permit electronic service in many situations.

Courts often apply what is known as ‘enhanced credit’ for time spent in pre-trial custody. In many cases, this means you may receive more than one day of credit for each day spent in detention, recognizing the harsher realities of remand facilities.

A fair trial is a fundamental right in Canada. Central to that right is the expectation that judges will remain impartial throughout the proceedings. In some cases, concerns arise about whether a judge’s conduct creates a ‘reasonable apprehension of bias.’

Some materials - such as court orders, pleadings, and documents filed in open court - are public. These can generally be obtained without a warrant because there is no reasonable expectation of privacy.

The Criminal Code creates different offences depending on the age of the child and the relationship between the accused and the child. These range from abduction by a stranger to situations involving parents or guardians.

Charges for accessing child pornography are among the most serious offences in Canadian criminal law. However, the legal definition of ‘accessing’ is more specific than many people assume.

In Canadian criminal law, courts have the power to stop a prosecution where continuing would be fundamentally unfair. This is known as an ‘abuse of process’. The Supreme Court of Canada has set out a three-part framework for determining whether abuse of process exists.

Failing to attend court is a serious issue, but not every missed appearance amounts to ‘absconding’ under the law. In criminal cases, an accused is considered to have absconded when they deliberately avoid court proceedings in order to frustrate the process or avoid the consequences.

In Canada, leaving a child unattended can, in some circumstances, lead to criminal charges. One of the key offences is ‘abandoning a child’ under the Criminal Code.

The Crown may only seek to re-open its case after it has closed its evidence and before a verdict is rendered.

For many indictable offences, accused persons may re-elect their mode of trial, sometimes as of right and sometimes with prosecutorial consent. These decisions must comply with strict Criminal Code timelines and formalities.

During the COVID-19 pandemic, governments moved quickly to prohibit price gouging of necessary goods. These offences, while regulatory in nature, carry serious consequences and require careful legal analysis from defence counsel.

COVID-19 fundamentally changed how bail hearings and bail reviews are argued in Canadian courts. For defence teams, the pandemic highlighted the tension between public safety, public confidence, and the health risks associated with pre-trial detention.

Why COVID-19 Changed the Conversation The pandemic transformed correctional facilities overnight. Lockdowns, limited access to programming, and restrictions on visits became the norm.

The COVID-19 pandemic has had a significant impact on Canada’s criminal justice system, including how courts assess appeals against sentence.

Conditional sentences allow certain individuals convicted of criminal offences to serve their sentence in the community under strict conditions rather than in custody.

Competence and Compellability of Witnesses with Disabilities: A Defence Counsel’s Perspective

Abuse of Process and Crown Tactics: A Defence Counsel’s Perspective

A Defence Counsel Primer on Scope, Risks, and Strategic Use

Amicus Appointments for Self-Represented Accused: Defence Counsel Strategy