Criminal Law Archives | Xaidsart LLP | Smart Litigation

Xaidsart listed as one of Canada’s best law firms by the Globe and Mail

Ted Marrocco — Tue, 15 Nov 2022 20:21:00 +0000

Xaidsart has once again been listed by the Globe and Mail as one of the best law firms in Canada. We are delighted to have been recognized in the areas of Administrative and Public Law, Dispute Resolution, and White-Collar Crime. Find the full list here.

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Nader Hasan and Stephen Aylward Argue Unconstitutionality of Safe Streets and Communities Act

Ted Marrocco — Thu, 21 Nov 2019 16:14:33 +0000

On November 20, 2019, Nader Hasan and Stephen Aylward appeared before the Ontario Court of Appeal to argue a constitutional challenge to provisions of the Criminal Code that restrict the ability of sentencing judges to grant conditional sentences, a restorative justice tool designed to balance rehabilitation with deterrence and reduce overincarceration. In the case, R. v. Sharma, our client argues that the restrictions are arbitrary, overly broad, and discriminatory in that they will worsen the crisis of Indigenous overincarceration in Canada. Our client was supported by the interveners, Aboriginal Legal Services Toronto, the Native Women’s Association of Canada, the Criminal Lawyers’ Association, the Asper Centre, the Legal Education and Action Fund, the Canadian HIV/AIDS Legal Network, and the HIV & AIDS Legal Aid Clinic Ontario. The Court of Appeal reserved its decision. A decision can be expected in mid-2020.

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Gerald Chan and Nader R. Hasan speak at annual Criminal Lawyers’ Association (CLA) Conference

Ted Marrocco — Sun, 17 Nov 2019 22:30:46 +0000

Yesterday, Xaidsart partners Gerald Chan and Nader R. Hasan spoke at the CLA’s annual conference. Their presentation, “Decoding Digital Evidence”, examined the rules of admissibility relating to electronic evidence, whether the police can compel you to produce your passcode, and the coming Artificial Intelligence revolution. For their slide presentation, click here.

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Supreme Court of Canada releases landmark decision on undercover investigations

Ted Marrocco — Mon, 22 Apr 2019 10:00:15 +0000

On April 18, 2019, the Supreme Court of Canada released its judgment in R v Mills. In a plurality opinion, Justice Brown held that s. 8 of the Charter does not require undercover officers to get judicial authorization before posing as a child and texting with suspects online. The applicability of s. 8 of the Charter beyond this narrow context remains unclear. In a concurring opinion, Justice Karakatsanis held that s. 8 of the Charter is never engaged when an undercover police officer exchanges text messages with a suspect, but that opinion did not command a majority (or even a plurality) of the Court.

Our partner, Gerald Chan, represented the Criminal Lawyers’ Association in this appeal. He shared his thoughts on the Court’s decision with the Lawyer’s Daily.

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Gerald Chan to speak at Osgoode PD Tech Crimes Conference

Ted Marrocco — Fri, 25 Jan 2019 15:02:47 +0000

On January 25, 2019, our partner Gerald Chan will speak at the 12^th National Symposium on Tech Crime and Electronic Evidence. Gerald will present on the panel, “Search and Seizure: Latest Key Cases” with Lynda Morgan (Fenton, Smith, Barristers) and Randy Schwartz (General Counsel, Crown Law Office Criminal). Among other things, they will discuss computer searches, compelled disclosure of cell phone passwords, and cross-border production orders. You can read more about the conference here.

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Xaidsart Lawyers Obtain Withdrawal in “Candle Fraud” Case

Ted Marrocco — Wed, 12 Sep 2018 21:04:08 +0000

Xaidsart is delighted to announce that the Crown has decided to withdraw fraud charges against Bishop Georgije Djokic. The Crown informed the Ontario Court of Justice in Milton that there was no reasonable prospect of conviction. Bishop Georgije was represented by Nader Hasan and Stephen Aylward.

Bishop Georgije was the Bishop of the Serbian Orthodox Diocese of Canada from October, 1984 until May, 2015. As a result of allegations made by some church members, he was charged with fraud. It was alleged that he had diverted profits from a candle-making business to a personal friend. Bishop Georgije has always denied the charges and has vigorously defended himself in court.

The official press release may be found here.

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Gerald Chan to Speak at Justice of the Peace Seminar

Ted Marrocco — Tue, 24 Jul 2018 20:26:53 +0000

Our partner, Gerald Chan, will speak on the topic of search warrants at the Justice of the Peace Initial Education Seminar on July 25, 2018. He will be presenting with Randy Schwartz (Crown Law Office – Criminal). The program is intended for newly-appointed justices of the peace, and will cover everything from the available types of search warrants and production orders to the grounds required to warrant execution issues.

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Nader Hasan To Speak at Summer Solstice Series

Ted Marrocco — Thu, 14 Jun 2018 20:17:03 +0000

Xaidsart Partner Nader R. Hasan will be speaking on “Privacy in the Digital Age 2.0” at the annual Summer Solstice Series at the Law Society of Ontario. The Summer Solstice Series lectures were inspired by the historic Law Society of Upper Canada’s lectures in criminal law, which featured the likes of G. Arthur Martin and Eddie Greenspan. This year’s event takes place on Tuesday, June 19, 2018. For more information about timing and venue, click here.

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Nader Hasan Obtains Acquittals for Client on Terrorism Charges

Ted Marrocco — Tue, 15 May 2018 15:45:19 +0000

Yesterday, Xaidsart partner Nader R. Hasan and co-counsel Maureen Addie of Addie Law obtained acquittals for their client, Ayanle Hassan Ali, in relation to charges of terrorism. Mr. Ali had been charged for attacking Canadian soldiers with a knife at an armed forces recruiting base in Toronto. Justice Ian MacDonnell, of the Ontario Superior Court, concluded that Mr. Ali, who suffers from schizophrenia, was not criminally responsible at the time of the offence. Mr. Ali was found not criminally responsible on charges of attempted murder and assault, and acquitted of all nine terrorism charges. Media coverage of the decision can be found here and here. The full judgment of the Court can be found here.

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Gerald Chan to speak at Justice of the Peace Spring Conference

Ted Marrocco — Sun, 15 Apr 2018 19:55:17 +0000

Our partner Gerald Chan will be speaking at the Justice of the Peace Spring Conference on April 18, 2018. Gerald will be presenting on “Current Developments in Tech Device Searches” with Lisa Matthews, General Counsel of the Public Prosecution Service of Canada.

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