Police “Expert” Problem – Again

The message of a recent Ontario Court of Appeal decision is that a police-expert report is not meant to usurp a judge’s role in ascribing guilt on an accused, Toronto criminal lawyer Graham Clark tells the Lawyers Weekly. – See more at: http://www.advocatedaily.com/judges-must-weigh-importance-of-police-expert-reports.html#sthash.acg37stD.dpuf

Distracted driving fine should be…wait for it…HIGHER?!

Toronto criminal lawyer Graham Clark says the government’s plan to reintroduce a bill that would boost the maximum fine for distracted driving to $1,000 is by no means “draconian” and may not even go far enough as a deterrent. “To the extent that the statistics relied upon are correct, showing distracted driving as a problem comparable to impaired … Continue Reading →

Senator Charged – Accountability Next?

OTTAWA – The RCMP laid 31 charges of fraud, breach of trust and bribery against suspended Sen. Mike Duffy on Thursday. The charges involve Duffy’s claims for living expenses, claims for travel expenses unconnected with Senate business and fraudulent contracts, said RCMP Assistant Commissioner Gilles Michaud. They also cover the $90,000 Duffy allegedly received from … Continue Reading →

A jail sentence for a first impaired driving offence?

A jail sentence for a first impaired driving offence is “extraordinary,” but in some circumstances incarceration would be on the table, Toronto criminal lawyer Graham T. Clark tells the Toronto Star. He makes the comment in a newspaper article about a police officer who pleaded guilty to one charge of impaired driving. A judge suspended his licence for a … Continue Reading →

NOT GUILTY on two counts of domestic assault. Complainant’s evidence highly unreliable, riddled with inconsistencies; accused testified and his evidence was corroborated

Ontario Court of Justice Between Her Majesty the Queen, and P. V. (a.k.a. M. V. P.)  [2014] O.J. No. 1412  2014 ONCJ 138  Halton Court File No. 1365/12  Ontario Court of Justice L.M. Baldwin J. Heard: March 27, May 24, June 13 and 25, 2013. Judgment: March 20, 2014. (118 paras.) [Summary by  Quicklaw {Lexis Nexis}] Trial … Continue Reading →

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 →