Canadian criminal justice: Constitutional rights

The Canadian Charter of Rights and Freedoms imposes limits and obligations on government authorities and grants rights and privileges to persons suspected or charged with offences. As part of our constitution, the rights and freedoms protected by the Charter supersede other legal rules, including the provisions of the Criminal Code and the Controlled Drugs and […]
February 2, 2017

In the news: Marie Henein needs to be heard

by Aileen Furey Marie Henein is one of Canada's top criminal defence lawyers, and now a household name after she successfully defended Jian Ghomeshi in his criminal trial earlier this year. You don’t have to aspire to work in the criminal justice system to appreciate the perspective of Ms. Henein. Criminal law is just one […]
November 29, 2016

In the news: Publication Ban and the Presumption of Innocence

by Michael A. Johnston Being accused of a criminal offence has many indelible and irreversible aspects. Often, a criminal defendant is tried and convicted in the courts of public opinion before he or she has even made a first appearance, let alone made full answer and defence. What is worse is that even if a […]
November 16, 2016

Release: Michael A. Johnston presents at 2016 DCAO / CCLA Conference

Michael A. Johnston presented his paper "Johnston on Juries for Junior Jurists" as part of the "Awaiting the Verdict: Are Trials by Jury Still a Thing?" panel at the 28th DCAO / CCLA Criminal Law Conference: "Younger members of the profession start their careers with very little, if any, understanding about trial by jury; the […]
October 29, 2016

Release: Kimberly D. Hyslop and Matthew B. Day submit papers at 2015 DCAO / CCLA conference

Kimberly D. Hyslop submitted her paper "Kids Say the Darndest Thins: Why Statements of Youth Accused Should Rarely Be Ruled Admissible" to the "10 Under 10" panel at the 27th DCAO / CCLA Criminal Law Conference: Pursuant to section 146(2), no oral or written statement made by a young person to a peace officer or to […]
October 29, 2015

Release: A Criminal Record in Ontario = Taxation Without Representation

Following the publication of his article in the Criminal Reports last week, Michael A. Johnston has been cited by the Toronto Star: "Ottawa lawyer Michael A. Johnston, in a paper published last week, argues that up 10 per cent of Canadians are being unfairly barred from jury duty because they have a criminal record. In Ontario, […]
May 30, 2015

Release: Michael A. Johnston publishes in Criminal Reports - "The Automatic Exclusion from Juries"

Michael A. Johnston's article "The Automatic Exclusion from Juries of Those with Criminal Record Should be Ruled Unconstitutional" has been published in the latest edition of the Criminal Reports (at (2015) 17(2) CR 335): "The civic act of serving as a juror gives a citizen the responsibility of determining another person's guilt or freedom, as well as […]
May 15, 2015

Release: Michael A. Johnston publishes in The Last Line - "Spare the Rod, Spoil the Code"

Michael A. Johnston publishes his paper "Spare the Rod, Spoil the Code - The Unconstitutional Actions of the Supreme Court of Canada in Canadian Foundations for Children, Youth and the Law v Canada (Attorney General)" in the latest edition of the Defence Counsel Association of Ottawa's magazine, The Last Line (at 3:2 (Dec 2015) 12): "By analyzing the […]
February 2, 2015

In the news: Aboriginal Youth Are More Likely To Face Pre-Trial Detention

by Michael A. Johnston Data from Statistics Canada shows that although the overall number of youth (including Aboriginal Youth) being held in pre-trial detention has decreased in the past few years, the percentage of aboriginal youth being held has increased dramatically.
November 12, 2014

Release: Matthew B. Day presents at 2014 DCAO / CCLA conference

Matthew B. Day presented his paper "Non-consensual distribution of intimate images" as part of the "10 Under 10" panel at the 26th DCAO/CCLA Criminal Law Conference. "The proposed offence seeks to criminalize conduct that exists at the intersection of sexual liberty, sexual privacy, freedom of speech, and the regulation of the Internet. In a review […]
October 30, 2014