Officers confident they’d get away with beating man

Defence lawyers have to work pretty hard before judges will find police officers guilty of assaulting a suspect in custody – as happened in a Toronto court, says Toronto criminal lawyer Graham Clark. Justice Donna Hackett ruled recently that four police officers assaulted a Toronto man in custody and used excessive force that breached his Charter rights, according … Continue Reading →

Rowbotham no longer used in exceptional cases

“Rowbotham no longer used in exceptional cases” was published on  at Bonus comment: So 13% of your legal fees get paid straight back to the government as HST that your lawyer has a duty to collect and remit. The government does not just use those funds to try to put you in jail. The money … Continue Reading →

Does dishonesty come naturally to politicians, or is it honest ‘cognitive dissonance’?

Ontario Court of Justice Judge Westman recently commented publically on the new mandatory victim surcharge. His critique includes the concern that doing justice is distinct from collecting taxes for the government. The surcharge seems like a tax because it must be imposed on every single conviction irrespective of the accused’s ability to pay or even … Continue Reading →

Cyberbullying bill…

The Minister suggests that increased police powers – including enhanced powers to catch cable thieves – would have prevented the deaths of teenagers Rehtaeh Parsons and Amanda Todd. Is the government grandstanding on the complicated tragedy of teen suicides to justify a bill with many potent features that have nothing to do with cyberbullying? See … Continue Reading →

“Cavernous disconnect” dooms tough-on-crime law

In R. v. Nur, 2013 ONCA 677, the mandatory minimum penalty under Criminal Code section 95 was found to offend section 12 of the Charter which protects against cruel and unusual punishment. The law as drafted forced taxpayers to finance 3 years of incarceration for people who literally pose no threat to anyone: the section … Continue Reading →

“Tough on Crime” is Hoax on Taxpayers

Tory tough-on-crime policies long on politics, short on solutions CRIMINAL LAW The failure of a tough-on-crime approach in the United States, where some states funnel more money into prisons than schools, shouldn’t be lost on Canadians watching the current government follow a similar path, says Toronto criminal lawyer Graham Clark. – See more at:

(some) comments on mandatory minimum sentences

Manitoba judge defying mandatory minimum sentence keeps debate raging …In an interview with, Toronto criminal lawyer Graham Clark said… See more at:    

Blogging is less fun than winning cases

It is said that having a blog on one’s website is good – perhaps de rigueur.  But writing blog [blawg] entries really is less fun than winning cases and getting things done in Court. This particular blog entry has nothing more to it than the above. But the corollary not to be missed, of course, … Continue Reading →

The right to google your lawyer’s number

‏Alta Prov Ct finds 10(b) violation for failing to give detainee access to Google to search for a lawyer: ‪ …
Retweeted by Graham T. Clark 
Expand On February 13th, 2013, the above was a tweeted by a past Criminal Lawyers Association President’s law group. Thanks  Frank. The point is simple: if you are under detention at … Continue Reading →