🏅 The Honourable David M. Paciocco has been named the recipient of the 2026 G. Arthur Martin Criminal Justice Medal. ONE MONTH AWAY! Join us in celebrating this well-deserved honour 🎊 📅 November 21, 2026 🕰️ 1-3pm 📍Toronto Marriott Downtown Eaton Centre Hotel The Criminal Lawyers' Association is proud to recognize Justice Paciocco's extraordinary contributions to Canadian criminal law as a scholar, author, advocate, and jurist. His decades of leadership and scholarship have left a lasting impact on the legal profession and Canada's justice system. Visit criminallawyers.ca/2026-g-ar… to read more and register.

Criminal Lawyer, Full Time, Patel Law PC, Milton, ON (October 22) Members can find out more by going to: members.criminallawyers.ca/S… Have a job in a criminal defence position to promote? Post for FREE by going to criminallawyers.ca/postjob

Yesterday, the CLA was granted leave to intervene before the Court of Appeal for Ontario in R. v. Chakasim and R. v. Johnston. The CLA will argue that Anthony-Cook deference should not apply absent a true negotiated bargain and must not prevent meaningful consideration of Indigenous accused persons’ Gladue factors. The CLA is represented by Craig Bottomley and Sara Little.

The CLA has been granted leave to intervene before the Supreme Court of Canada in R. v. Dussault. This appeal allows the Court to provide much-needed guidance to judges sentencing an offender who was convicted after a re-trial. The CLA will make two submissions. First, that a judge sentencing an accused on a re-trial should begin from the presumption that they are functionally bound by the sentence imposed at the previous trial. A re-trial sentencing engages the parity principle in its most exacting form. The sentencing judge faces the same offender, sentenced for the same offence, arising from the same underlying conduct and, ordinarily, substantially the same record. Furthermore, defendants should not be punished, or appear to be punished, for bringing a successful appeal. Second, the CLA proposes a non-exhaustive test for when sentencing judges on a re-trial can depart from the sentence imposed at a previous trial. These factors include: (a) if the sentence imposed after the previous trial was demonstrably unfit; (b) if new aggravating facts about the offence(s) are proven beyond a reasonable doubt as part of the subsequent trial; (c) if one or more aggravating facts about the offence(s) that were proven at the first trial are not proven at the re-trial; and (d) if there are new significant mitigating factors present. As a final failsafe, the sentencing judge should ask themselves whether the sentence they are considering raises the spectre of being overly punitive. The hearing in this case will take place on December 11, 2026. The CLA is represented by Annamaria Enenajor and Jocelyn Rempel. The CLA’s factum is available here: scc-csc.ca/cases-dossiers/se…

Associate Criminal Lawyer, Full time, Gray Defence, Toronto (October 20) Members can find out more by going to: members.criminallawyers.ca/S… Have a job in a criminal defence position to promote? Post for FREE by going to criminallawyers.ca/postjob

Associate, Full time, Robert Christie Law Office, Mississauga (October 20) Members can find out more by going to: members.criminallawyers.ca/S… Have a job in a criminal defence position to promote? Post for FREE by going to criminallawyers.ca/postjob

The CLA has been granted leave to intervene before the Court of Appeal for Ontario in R. v. McPherson et al. A key issue in this appeal is whether and to what extent the online undercover police surveillance engages s. 8 of the Charter. The appeal involves seven appellants who were targeted in a police investigation called Project Sunder. The police conducted warrantless undercover surveillance of numerous social media accounts by sending “friend requests” using covert personas, which were accepted by the targets. The police also set up fixed surveillance cameras in public areas. Both investigative techniques were undertaken without prior judicial authorization. The CLA will be arguing that s. 8 of the Charter extends to “public privacy”. Building on the notion of privacy as anonymity, s. 8 of the Charter allows people to have a reasonable expectation of privacy in virtual and physical public spaces. Even though people can expect to be perceived in public, the mere risk of surveillance cannot convert all public fora into a panopticon of state investigation. The CLA will be offering a framework for assessing when the line is crossed from permissible observation to unconstitutional intrusion on privacy, by focusing on the manner, quantity, duration, and scope of surveillance, and by examining what that surveillance tends to reveal. The CLA is represented by Samara Secter and Robert Nanni.

The Fall Conference has now been Approved for LAWPRO’s Risk Management Credit. Participants who attend the full two days of the program can claim the Risk Management Credit twice. Those attending for one full day can claim once ($50). The 54th Annual Criminal Lawyers’ Association Fall Conference is taking place November 20–21, 2026, at the Toronto Marriott Downtown Eaton Centre. 🏙️ ⚖️ This year’s conference brings together 700+ members of the criminal justice community for two days of learning, advocacy, and professional connection. 🤝 The program features an impressive lineup of topics relevant to today’s criminal defence bar, including advocacy, sentencing, jury selection, cross-examination, artificial intelligence, emerging legal issues, and more. 🎓 Whether you’re looking to sharpen your advocacy skills, stay current on developments in criminal law, or connect with colleagues from across the profession, the CLA Fall Conference is an event not to be missed. 👉 Learn more and register: criminallawyers.ca/events/54… We look forward to seeing you there! #CLAFallConference #CriminalLawyersAssociation #CriminalLaw #CriminalDefence #LegalConference #CriminalJustice #Lawyers #LegalEducation

Today, the CLA was granted leave to intervene before the SCC in R. v. Pham. The appeal raises two s. 8 Charter issues: when a civilian assisting police becomes a state agent, and whether providing false information to a third party affects a person’s reasonable expectation of privacy. The CLA will argue that the Broyles test remains appropriate and that providing false information does not necessarily diminish privacy rights against the state. The CLA is represented by Michelle Psutka and David Hakim.

CLA Ontario Member Profile: Lauren Stoddart 🌟 How did you get into criminal law? "I am very passionate about social justice and being the voice for the voiceless which is what steered me in the direction of criminal law. However, what brought me into the field was physically going to court, shadowing, and meeting people until I made enough connections to get hired." Read more by going to: criminallawyers.ca/about-us/… #CLAOntario #MemberSpotlight #MemberProfile #LaurenStoddart #CriminalLaw #CriminalDefence #CriminalLawyer #OntarioLawyers #LegalProfessionals #AccessToJustice #SocialJustice #JusticeForAll #VoiceForTheVoiceless #WomenInLaw #LegalCommunity #LawyerLife #LegalAdvocacy #CriminalLawyersAssociation

ONE MONTH AWAY! The 54th Annual Criminal Lawyers’ Association Fall Conference takes place November 20–21, 2026, at the Toronto Marriott Downtown Eaton Centre, bringing together 700+ members of the criminal justice community for two days of learning, advocacy, and connection. ⚖️🤝 👉 Learn more and register: criminallawyers.ca/events/54… We look forward to seeing you there! 👋 #CLAFallConference #CriminalLaw #CriminalDefence #LegalConference

New @ClaOntario podcast! Season 10 Episode 5: His Majesty the King v. Harry Arthur Cope The Nova Scotia Court of Appeal reduced Mr. Cope’s sentence for aggravated assault against his Indigenous common-law partner from five years to three years, while considering his criminal record and history of mental illness. The majority allowed the appeal, while the dissenting justice maintained that the original sentence was fit and appropriate. Listen by going to: podcast.criminallawyers.ca/e…

Stephanie DiGiuseppe, a partner with Henein Hutchinson Robitaille LLP in Toronto, who was counsel for the Criminal Lawyers’ Association (CLA) as intervenors, says that while this decision offers some clarity, the changes to the law mean there is still an unresolved murkiness with the new language adopted by Parliament. It’s still uncertain as to whether the 276 regime will always apply to sexual services offences. “The most useful thing that comes out of the decision, which shines through the murky situation we’re in, is that we have some very clear guidance about what kind of inferences from prior sex work are going to be ultimately admissible.” READ MORE: nationalmagazine.ca/en-ca/ar…

Today, the @SCC_Eng released their decision in R. v. A.M., concerning the statutory exclusion of sexual services offences from the regime under s. 276 of the Criminal Code, which prohibits the admission of prior sexual history evidence. In a unanimous decision, deferred to Parliament’s decision to exclude these offences from the statutory regime and declined to extend the common law Seaboyer regime to this evidence. The court agreed with the CLA’s submission that evidence of prior engagement in the sex trade can “provide context for [a complainant’s] level of autonomy, decision-making, and the power dynamics” that shaped the relevant relationship (see para. 89). The court also agreed with the CLA’s submission that trial judges are well equipped to prevent stereotypical, discriminatory and abusive cross-examination through recourse to the traditional rules of evidence. The CLA was represented by Stephanie DiGiuseppe and Kally Ho. The decision can be found here: decisions.scc-csc.ca/scc-csc…

Criminal Defence Lawyer, Full time, Protomanni & Associates Professional Corporation, St. Catharines (October 15) Members can find out more by going to: members.criminallawyers.ca/S… Have a job in a criminal defence position to promote? Post for FREE by going to criminallawyers.ca/postjob #CriminalDefence #CriminalLaw #CriminalLawyersAssociation #LawJobs #LegalJobs #LegalCareers #LawyerJobs #JuniorAssociate #AssociateLawyer #CriminalDefenceLawyer #CriminalLawyer #TorontoLawyers #TorontoLegalJobs #OntarioLawyers #LawFirmJobs #LegalProfession #LegalCommunity #HiringLawyers #JobOpportunity #LawStudents #CanadianLawyers

Law schools: the road to the 54th Gale Cup Moot starts now. ⚖️ Compete in Canada's premier bilingual law-school mooting competition, Feb. 26–27, 2027, in Toronto. October registration is approaching. Put your team forward today: criminallawyers.wildapricot.… #GaleCupMoot

The future of legal advocacy starts with opportunity. ⚖️ Join us as a sponsor of the 54th Gale Cup Moot, Feb. 26–27, 2027, in Toronto. Support emerging legal talent and connect your brand with Canada’s premier bilingual law-school mooting competition. Explore opportunities: galecupmoot.com/en/sponsors #GaleCupMoot

New @ClaOntario podcast! Season 10 Episode 4: His Majesty the King v. Robert Joseph DeSutter The respondent was convicted of simple assault but acquitted of multiple sexual offences after the trial judge found reasonable doubt regarding sexual purpose and the existence of an exploitative relationship. The Crown appealed the acquittals, arguing that images found on a USB depicting other women in a similar magic-saw fantasy should have been admitted as similar fact evidence, but the majority of the Nova Scotia Court of Appeal dismissed the appeal and upheld the exclusion of the evidence. In dissent, one justice would have allowed the appeal and ordered a new trial, finding errors in the assessment of the evidence’s probative value and prejudicial effect, as well as in the evaluation of the potentially exploitative relationship with one complainant. Listen by going to: podcast.criminallawyers.ca/e…

Today the Supreme Court released its decision in R v Cope, providing guidance on the sentencing of Indigenous offenders. The majority ruled that a unilateral increase in sentences is not required where the victim is an Indigenous woman. The CLA, represented by Maija Martin, Shaunna Kelly, and Cassandra Richards, argued that non-custodial sentences can denounce and deter while addressing Indigenous over incarceration. Read more: decisions.scc-csc.ca/scc-csc…