February 27, 2013
The Canadian government’s 2004 decision to criminalize payment for human reproductive services has been controversial. Industry participants increasingly need guidance about their potential criminal liability. Megan Savard spoke about crime and fertility issues yesterday at Osgoode Hall’s conference on current and emerging issues in fertility law.
February 24, 2013
Over-incarceration and prosecution of the mentally ill is one of the most pressing problems in the criminal justice system. Last week, Bill Thompson spoke at the ground-breaking National Symposium on Mental Disorder and Criminal Justice lick here to read the brochure.
February 17, 2013
Zlatko Sego is the latest victim of a prison system poorly-equipped to deal with mental health issues. Frank Addario spoke to the Toronto Star about his case. Click here to read.
February 11, 2013
Filming prisoners on the toilet raises a host of Charter and privacy issues. Last week, a defendant who received inadequate legal advice was given another chance to raise these issues at trial. Click here to read about Bill’s successful appeal.
January 14, 2013
The Supreme Court will decide how to apply the extra-credit provisions of the Truth in Sentencing Act later this month. Frank Addario commented on the controversy surrounding the Act in yesterday’s Globe and Mail. For more on the purpose and effect of the Act, read our latest blog post.
December 19, 2013
Frank Addario argued against an “extremely rare” fourth trial in a murder case at the Court of Appeal. Read about the case here.
December 18, 2013
Frank Addario has been hired to advise the Police Services Board on what constitutes a practice consistent with human rights and Charter protections. Read the Toronto Star article here.
December 7, 2013
On November 29, 2013, Frank presented at the 6th Annual Inter-Provincial Organized Crime Conference on the Civility and Professionalism Panel. On November 30, 2013, he presented at the Defence Counsel Association of Ontario, The Law Foundation of Ontario, Criminal Lawyers’ Association – 2013 Junior Advocacy Program: “Section 24 Remedies.”
December 4, 2013
This week, Frank and Megan represented the Canadian Civil Liberties Association at the Supreme Court of Canada in the case of R. v. Hart. The case calls into question the reliability and admissibility of confessions obtained using the infamous “Mr. Big” undercover technique. Read the CCLA’s factum here.
November 22, 2013
Frank Addario was nominated by his peers as one of Canada’s leading practitioners in the field of Business Crime Defence. He is one of three Toronto lawyers selected. Find out more about Who’s Who Legal here.
November 7, 2013
Frank and Megan spoke at the Criminal Lawyers’ Association Fall Conference last weekend. Frank gave a speech introducing the Honourable Roland (Roy) McMurtry, OC OOnt, this year’s recipient of the G. Arthur Martin Criminal Justice Award. Megan spoke about over-vetted search warrants – one of the CLA’s “7 Hot Button Issues by 7 Lawyers under 7 Years.” Read her paper here.
October 17, 2013
Today, Frank Addario and Paul Burstein argued the Conception case at the Supreme Court. Click here to see the oral argument.
October 10, 2013
Bill wrote a case commentary for the Ontario Bar Association’s Criminal Justice Section on R. v. Jorgge, a recent case from the Court of Appeal reaffirming the importance of the defendant’s right to be present during his trial. Read Bill’s case comment here.
May 24, 2013
The jail shuffle is on! This week, Addario Law Group and Paul Burstein of Burstein and Bryant filed their written argument in the Conception case. The case raises important civil liberties issues about the treatment of the mentally disordered, the judicial supervision of treatment orders and the effect of government business decisions on individual rights.
May 5, 2013
Last week, Justice Norris Weisman held that sexual assault complainant N.S. had to testify without her niqab. Reporters and commentators asked Frank Addario for his take on the issue. Read about Justice Weisman’s decision here. Click here for Rosie Dimanno’s opinion.
May 5, 2013
Last week, Frank Addario cross-examined Pat Harris, one of the USA’s leading defence lawyers. Harris and Mark Geragos are promoting their new book Mistrial. Click here for information about the book and last week’s event.
April 23, 2013
This week Supreme Court justice Morris Fish announced his retirement. In yesterday’s Globe and Mail article, Frank Addario and others weighed in on the effect of his departure. The Court will now have to decide some of the decade’s most interesting criminal cases without his criminal expertise and unique defence perspective.
April 17, 2013
In a rare move, the Ontario Court of Appeal rebuked a trial judge whose apparent bias “tarnished” the administration of justice. Frank Addario and Megan Savard successfully argued that the judge’s conduct made their client’s trial unfair. The Court of Appeal overturned the convictions. Read about the court’s decision in today’s Globe and Mail article or click here for the full judgment.
March 1, 2013
Frank Addario and others talk about the causes of court delays and offer helpful tips on how to make the wheels of justice turn faster. Read about court delays in this weekend’s Toronto Star article.
March 1, 2013
Frank Addario weighed in on the Supreme Court’s decision in R. v. J.F. The Court narrowed the criminal offence of conspiracy, holding that people should only be found guilty if they helped initiate the deal at the heart of a conspiracy, or help new members join in . Read about the Supreme Court’s ruling, or click here for the full judgment.
December 21, 2012
The Supreme Court ruled that a witness may be required to remove a niqab in order to ensure that an accused person gets a fair trial. Frank Addario represented the Criminal Lawyers’ Association, which intervened at the Supreme Court and urged the Court to rule that removal of a witness’ niqab may be important to give a defendant a fair trial. Read the articles about the case from the Globe and Mail and Toronto Star.
November 25, 2012
In May 2012, amid increasing concern about the quality of Canada’s mental health system, the Ontario Court of Appeal ruled that hospitals can ignore judicial treatment orders and turn away mentally ill accused like Brian Conception. Last week, the Supreme Court of Canada granted Mr. Conception’s application for leave to appeal. Frank Addario represented Mr. Conception on the leave application and will represent him on the appeal. Read about the Court of Appeal’s decision »
October 18, 2012
The Globe and Mail reported on the Supreme Court of Canada’s decision in R. v. Cole, released today. The Court ruled that individuals have a reasonable expectation of privacy in workplace computers and police cannot search these computers without a warrant. Frank Addario represented Mr. Cole at the Supreme Court. Read full article »
October 15, 2012
The Attorney General’s Office is relaunching its Justice on Target initiative. Law Times News reported on the decision to extend the initiative aimed at reducing delay in the provincial court system. Frank Addario shared his thoughts on the Attorney General’s decision and his concerns about Justice on Target. Read full article >>
October 12, 2012
The Supreme Court of Canada extolled the importance of the right to silence in R. v. Prokofiew, released today. Both the majority and the dissent explained that if an accused exercises his right to silence and does not testify at trial, it cannot be used him against him. This result was contrary to the Crown’s position asking the Court to eliminate the protection of the right to silence and allow courts to use silence as evidence of guilt. Frank Addario argued the case on behalf of the Canadian Civil Liberties Association which was granted status as an Intervenor at the Supreme Court. Read the full case here >>
Osgoode Hall Law School awarded the Dianne Martin Medal for Social Justice Through Law to alumnus Frank Addario. This award is given to a member of the Canadian legal community who has demonstrated a commitment to using the law as an instrument for achieving social justice and fairness. See Osgoode’s congratulatory note to Frank »
CBC News reported on R. v. Cole, a Crown appeal heard by the Supreme Court of Canada on May 15, 2012. Frank Addario represented the respondent, a high school teacher charged with child pornography offences related to images on his work laptop. Read full article »
Frank Addario spoke on a panel with The Honourable Justice Mary Lou Benotto and Robert W. Hubbard at the Criminal Advocacy Summit on May 12, 2012. The panel discussed developing a case strategy from the perspective of the defence and the prosecution.
Frank Addario and Emma Phillips represented the Criminal Lawyers’ Association, an intervener in the case of a sexual assault complainant who wanted to wear her niqab while testifying. The Lawyers Weekly interviewed Frank, who said that seeing a witness’s face remains important in criminal cases. Frank pointed to appellate deference to trial judges, the right to cross-examine, and the importance of face-to-face confrontation as indicators of the importance of demeanour for cross-examination and credibility assessments. Read full article »