Police concerns unfounded, alarmist

My recent comments on Advocate Daily about this [see the whole story here: Police concerns unfounded, alarmist] seem more timely now that Canadian police chiefs say that the federal Department of Justice is weighing how to get around the Supreme Court’s ruling that police need a warrant to obtain subscriber data linked to online activities [See the Star report here] … Continue Reading →

Alleged ‘sexsomniac’ granted a new trial

Toronto criminal lawyer Graham Clark says the case of a man who has been granted a new trial after arguing he sexually assaulted a sleeping woman while he was also asleep is extremely unusual and will hinge on whether the defence can establish that the accused suffers from parasomnia and is not criminally responsible by reason of a … Continue Reading →

Marijuana regulation: logic meets lunacy at Prohibition ground-zero

gTc’s latest AdvocateDaily commentary is at:  Vancouver’s marijuana regulation a response to public demand. But there is a bit more to say. To elaborate, the Vancouver dispensary situation illustrates a fascinating collision of governmental purposes at ground-zero of the marijuana prohibition debate. At a local level, the Vancouver council is dealing head-on with reality – dispensaries exist … Continue Reading →

Amend the Criminal Code’s requirement for juror silence

Thank you to Advocatedaily.com for this piece [to read in its entirety click here] Toronto criminal lawyer Graham Clark says it is time for Canada to amend its Criminal Code to change the legislation’s strict requirement of juror silence to determine if they may be accessing extrinsic information. “I would support that,” he tells Law Times. “I’m not sure the benefits [of … Continue Reading →

Breaking: your phone was NOT “free”

My blog usually sticks to law, but this got stuck in my craw: Recent media commentary about how cellphone contracts are now only 2 instead of 3 years long helps to keep the elephant in that room invisible. I heard one “expert” point out that because the cell phone service providers now only have 2 … Continue Reading →

Case raises questions about remedies for breaches

The following piece is property of and originally posted at AdvocateDaily.com The Ontario Superior Court of Justice will not stay proceedings in the case of a teen charged with impaired driving causing death despite the “unacceptable negligence” of scientists at the Centre of Forensic Science and that the young man’s Charter rights were breached. Toronto … Continue Reading →

Officer honesty questioned…

In a recent piece in AdvocateDaily.com I was paraphrased as saying “While the vast majority of criminal cases are investigated and prosecuted with integrity, there ought to be significant consequences for those police officers who are dishonest in court”. The full title (with link) is “Officer honesty questioned in two cases“. The writer quite correctly reflected what I had said about the … Continue Reading →

SCC ruling on Internet subscriber info not a hinderance to police

Recently police were heard to be complaining about the Supreme Court’s 2014 decision in R. v. Spencer. I couldn’t help responding as follows, all of which is property of and was originally posted at AdvocateDaily.com A Supreme Court ruling that put an end to law enforcement agencies being able to informally ask Internet Service Providers (ISPs) for subscriber information doesn’t prohibit … Continue Reading →

Court orders new trial after judge accesses Google image

Court orders new trial after judge accesses Google image The Superior Court was correct to overturn a guilty verdict and order a new trial, after a judge accessed a Google image on his own accord, impacting the fairness of the trial, says Toronto criminal lawyer Graham Clark. “It is a long-established, if not ancient rule of fairness, that you … Continue Reading →