Toronto Homicides - Interactive Map from the Toronto Star

 This is a link to a really neat Google map that the Toronto Star updates that shows the reader where all homicides took place in Toronto.  It is interesting to see certain trends, particularly when you compare from year to year.

Link to Toronto Star Google Maps

Happy St. Patrick's Day!

The girl whose hair was too big for her mugshot | the Daily Mail

Link to The girl whose hair was too big for her mugshot the Daily Mail

Police hit with $2.6M lawsuit - Toronto Star

Young Muslim alleges racial stereotyping, says plainclothes officers didn't identify themselves when quarrel escalated to an armed invasion of his home and a beating

Source: TheStar.com - News - Police hit with $2.6M lawsuit

Principles of Canadian Bail - Resources for Lawyers

Here is a collection of bail principles I have put together over the years that I find assists me tremendously in the bail hearings I conduct. The best advantage it provides the lawyer is the ability to have all the major principles of bail right at your fingertips to succinctly and smoothly integrate into your submissions. I hope it helps as mush as it has helped me and my associates over the years.

You are welcome to print it out and carry it in your briefcase as I do for the surprise bail hearings that often transpire. Obviously I cannot guarantee the accuracy or status-recency of the cites - I leave such tasks of note-up to the lawyer arguing the bail. Here are a couple of excepts to the entire document that is linked to this post and saved as a PDF under "Bail Summaries" in the link provided (right top hand of the page)

“At the heart of a free and democratic society is the liberty of its subjects. Liberty lost is never regained and can never be fully compensated for; therefore, where the potential exists for the loss of freedom for even a day, we, as a free and democratic society, must place the highest emphasis on ensuring that our system of justice minimizes the chances of an unwarranted loss of liberty.”

- Iacobucci (dissent in Hall) at para 47; 2002 SCC 64, 4 C.R. (6th) 197, 217 D.L.R. (4th) 536, 167 C.C.C. (3d) 449, 293 N.R. 239, 165 O.A.C. 319, 97 C.R.R. (2d) 189, [2002] 3 S.C.R. 309

--------------

The grant or denial of bail implicates not only s. 11(e) of the Charter but also the accused person's liberty and security of the person interests. Bail is not a privilege. Judicial interim release should only be withheld where it is necessary[1]… Where bail is unjustly denied, there is a miscarriage of justice. It cannot be over emphasized that pre-trial bail rests on the presumption of innocence.[2]

- R. v. J.V. (Villota) [2002] O.J. No. 1027 (Ont.Sup.Ct.) Hill J. at paragraph 64
[1] : The Queen v. Morales (1992), 77 C.C.C. (3d) 91 (S.C.C.) at 197 per Lamer C.J.C.; Regina v. Hall (2000), 147 C.C.C. (3d) 279 (Ont. C.A.) at 295-6 per Osborne A.C.J.O. (leave to appeal granted [2000] S.C.C.A. No. 552); Report of the Canadian Committee on Corrections (the Ouimet Report) (1969), at pages 99, 108. [2] The Queen v. Pearson (1992), 77 C.C.C. (3d) 124 (S.C.C.) at 135-9 per Lamer C.J.C.; Regina v. Farinacci (1993), 86 C.C.C. (3d) 32 (Ont. C.A.) at 39 per Arbour J.A. (as she then was).

Link to Canadian Criminal Legal Links - Criminal Lawyer in Toronto - Sean Robichaud

best of craigslist : Top 10 Law Firm Interview Questions

A funny series of questions and answers and commentary on the ridiculous questions you are asked when applying for a job at a law firm.   

Link to best of craigslist : Top 10 Law Firm Interview Questions

Evidence-exclusion changes called risk to Charter - Globe And Mail

By Kirk Makin:

There is an alarming move afoot at the highest levels of the judiciary to relax a long-standing prohibition against using evidence obtained through investigative shortcuts, according to two highly respected criminal law academics.

"If we stop excluding evidence, the Charter is going to be dead," Queen's University law professor Don Stuart told a conference at the Law Society of Upper Canada. "This is where the rubber hits the road. I really do think we're at a crossroads."...

Link to http://www.globeandmail.com/

Long trials not our fault: Lawyers - The Toronto Star

A similar article as the one below:  

Defence lawyers are unfairly shouldering the blame for longer criminal trials, a legal symposium was told on the weekend.

While members of the criminal bar are being told to stop bringing so many motions that challenge the admissibility of evidence and lengthen court proceedings, the opposite message is being delivered to Crown attorneys, the conference was told.

Source: TheStar.com - News - Long trials not our fault: Lawyers

Symposium questions lengthy legal motions - Toronto Star

I find this article very accurate and exemplative of how defence counsel are used as justice system scape-goats.   

Defence lawyers are unfairly shouldering the blame for longer criminal trials, a legal symposium was told on the weekend.

While members of the criminal bar are being told to stop bringing so many motions that challenge the admissibility of evidence and lengthen court proceedings, the opposite message is being delivered to Crown attorneys, the conference was told.

Source: TheStar.com - News - Symposium questions lengthy legal motions

Drunk Vegas Lawyer causes mistrial Part 4

This is so disgraceful. The lawyer is caught being drunk while defending a man facing a potential life sentence.

Detroit Rock City (nearly)

I will be on a case in Windsor from March 4th to March 9th.

--------------------------
Sean Robichaud
Barrister & Solicitor
Via Blackberry email

Tel. (416) 220-0413
Fax. (416) 598-3384

The dark side of justice

Today's Toronto Star covered a very interesting article on the costs of legal fees that have reached to the point where most potential litigants are unable to fund the cost of a civil matter.  Although my practice is exclusive to criminal matters where the fees are often a small fraction of civil rates, there is also a very concerning problem with the present state of the Legal Aid system in Ontario.  Most individuals who are charged with a criminal offence are unable to afford the cost of representation and are required to seek the assistance of Legal Aid.  Like the article below states, it is often the poorest of the poor who are eligible for Legal Aid leaving too many unrepresented litigants in the justice system and often aggravating the efficiencies as a result. 

With the cost of a three-day civil trial estimated at $60,738 – more than a year's income for most households – Canadians are being driven to financial and emotional ruin by a justice system that's priced itself solidly out of reach.

Source: TheStar.com - News - The dark side of justice