“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 →

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: ‪http://canlii.ca/en/ab/abpc/doc/2013/2013abpc13/2013abpc13.html#par19 …
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 →

Access to Justice not on Politicians’ Radar

The position of the U.S.A. as a world leader in incarceration was recently phrased as follows: “In the year 2000, 2 million (or 25%) of the world’s 8 million prisoners were housed in the U.S. (which only has 5% of the world’s population). That figure grew to nearly 2.3 million in 2010.” (http://goo.gl/Bqtwu) To bring the … Continue Reading →