Impact from victims bill of rights unclear

Impact from victims bill of rights unclear: Clark Toronto criminal lawyer Graham Clark says it remains unknown whether the Canadian Victims Bill of Rights will actually result in complainants becoming more involved in the court process. “It’s unclear at this point as to what kind of difference this can actually make,” he tells CBC Radio’s Ontario Morning. – … Continue Reading →

Manitoba judges allow cameras in court

Manitoba judges allow cameras in court Manitoba will start routinely allowing TV cameras in its courtrooms for select hearings. Chief Justice Glenn Joyal says there will be designated courtrooms where it is presumed that everything will be broadcast. He says lawyers are welcome to argue against having a camera in court but the assumption is … Continue Reading →

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 http://advocatedaily.com/2014/01/rowbotham-no-longer-used-in-exceptional-cases/ 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: http://advocatedaily.com/2013/10/tory-tough-on-crime-policies-are-long-on-politics-short-on-solutions/

(some) comments on mandatory minimum sentences

Manitoba judge defying mandatory minimum sentence keeps debate raging …In an interview with AdvocateDaily.com, Toronto criminal lawyer Graham Clark said… See more at: http://advocatedaily.com/2013/10/manitoba-judge-defying-mandatory-minimum-sentence-keeps-debate-raging/#sthash.Tj5FqCpJ.dpuf    

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 →