Sentences with phrase «defence counsel in every case»

The Joint Committee rejected the public defender model adopted in the United States on the basis that, for criminal cases, it was «wrong in principle that both prosecutor and defender are employed by the same master» and that the impersonal and bureaucratic nature of the public defender model made it impossible to exercise «the zeal and vigour which should be characteristic of defence counsel in every case.»

Not exact matches

This is perfectly understandable to me within the general context of the investigation in which the allegation had arisen, and considering that I have lately come to also realize that two of my colleagues in chambers had been involved as defence counsel in two cases before the subject judge amongst twelve cases in all they have ever done at the Industrial Court since inception.

Most recently, he has been retained as defence counsel in a wide range of cartel cases including the Air Freight, LCD Screen, Optical Disk Drive, Refrigeration Compressors and Car Components cases.

In the case, the judge referred to Miss Woodward as an «extraordinarily able lady» while her defence counsel described her as «bright».

At Neuberger & Partners LLP, in Toronto, our lawyers offer dependable and knowledgeable counsel based on decades of criminal defence experience in drug crimes cases.

So what is defence counsel to say to the accused and concerned family members in a case like R. v. Murphy 2012 ONCA 573?

Generally speaking there are 5 basic constitutional issues that are commonly engaged in a successful defence of drinking and driving cases: «arbitrary detention» (s. 9 of the Charter), «unreasonable search and seizure» (s. 8 of the Charter), «right to counsel» (s. 10 (b) of the Charter), the «right to be informed promptly of the reasons for your detention» (s. 10 (a) of the Charter) and the «right to be tried within a reasonable time» (s. 11 (b) of the Charter).

In the present case, the Court of Appeal reviews the special relationship between accused and defence counsel and the role of the Crown.

His recent cases include defending the former President and majority shareholder of VAB Bank against charges of contempt of court (sole counsel); acting for Mercuria Energy Trading in its successful defence of a US$ 270 million claim by Citibank in one of the biggest High Court banking trials of 2014, acting for the Claimant in an on - going US$ 830 million fraud claim in the Commercial Court (Russian banking sector), a US$ 800 million joint venture dispute in the BVI and acting as junior counsel to the Claimants in Hulley & ors v.

According to the defence counsel in the matter, the case is one of the first since 2008 changes to the dangerous offender provisions to deal with the question of when a sexual offender isn't a dangerous offender.

Behind the scenes: The January 2011 Canadian Lawyer cover story that interviewed defence counsel in the Russell Williams case.

Without the knowledge of the plaintiff or her counsel, the defendant and accused in the case had shared the plaintiff's documents produced in the civil case with his criminal defence counsel, who then relied on these records at trial.

A decision released yesterday by the Ontario Superior Court of Justice's Divisional Court has overturned a Superior Court ruling that limited when civil lawyers can share compelled medical records and other personal information with defence counsel in the same case.

(Ontario did not challenge the appointments in these cases, but the issue of whether it was appropriate to appoint amici to, in effect, act as defence counsel, was raised by two of the six interveners, the Attorneys General of British Columbia and Quebec).

Speculative risks of conflict are not enough to remove defence counsel, a Superior Court judge has ruled in a case the Crown argued could see the accused's lawyer cross-examining another client of his.

The purpose was to attempt to show that defence counsel had received the same disclosure in a previous case and therefore ought to have sought the information which constituted the late disclosure.

Roderick Johnson has, for over a decade, practised almost exclusively as leading counsel for the defence in large, complex and high - profile cases — specialising particularly in cases involving drugs, fraud and money laundering.

34 The Supreme Court of Canada has recently confirmed in R. v. Burlingham (1995) 97 C.C.C. (3d) 385, at p. 397, that: «s. 10 (b) specifically prohibits the police, as they did in this case, from belittling an accused's lawyer with the express goal or effect of undermining the accused's confidence in and relationship with defence counsel.

30 Although defence counsel may well run the risk of having evidence of an accused viewed as tainted when testifying after hearing other defence witnesses testify, I do not in this case find that Mr. Pasloski's evidence should be so characterized.

Our office has direct experience in white collar crime cases in these criminal acts, both as defence counsels for people and companies who had some misunderstandings with authorities and on the side of victims of these criminal activities.

In separate cases, we have represented both defence counsel and class counsel.

This case provides an important re-statement of the law surrounding requests for further defence medical examinations and rebuts the common presumption of defence counsel that defendants are permitted to obtain defence medical report (s) in the same medical specialty to respond to report (s) served by the plaintiff, irrespective of what reports they have already served.

The trial judge in that case allowed defence counsel to introduce two pieces of problematic evidence: sexually explicit text messages between the complainant and her affair partner, and a transcript of a sex video she had made with the accused, being her husband.

Defence counsel need to engage in meaningful reviews of the case and communicate with their clients.

This is no easy task and often involves showing the Crown Counsel involved in the prosecution of your case the weaknesses of their case, the strengths of possible defences for the accused, showing the Crown that special or extra-ordinary circumstance exist for your client that may lead to the exercise of discretion based upon Crown policy and / or in generally advocating for the client.

Throughout his lengthy career as a defence lawyer, Justice Clifford served as counsel in many high profile and complex criminal cases; since 1997, he served as counsel in over 18 major homicide cases in the Ottawa area.

In cases where the prosecution relies on toxicology reports, defence counsel will argue the assumptions the extrapolated readings are predicated on are inaccurate.

[242] This is a peculiar case in that an adverse inference is sought against the plaintiff for failing to file a report from Dr. Cox, although Dr. Cox did in fact give evidence at the trial at the instance of defence counsel.

The lawyer you retain to defend such a case must have extensive experience and be regarded in the criminal justice system as a reputable and successful defence counsel in order to properly and fully defend you.

We address cases as coverage, defence and subrogation counsel in many diverse and expanding areas including:

Here, prosecutors and defence counsel are NOT paid equally with the latter receiving, in some cases, less than half that of a prosecutor.

The appellate judge in this case imparted strong advice to defence counsel at the end of the judgement — advice that can be applied equally to the entire legal bar, regardless of the area of practice.

«Detailed notes and written instructions... permit defence counsel to confidently distinguish one similar case from the next, and reliably explain how they discharged their important professional obligations in each case».16

In cases of the nature of R. v. Felderhof, it is not enough for defence counsel to exercise his version of «zealous advocacy,» without limitations, to ensure that the defendant is fairly defended.

The circumstances of the Shofman case led Justice Campbell to take the rare step of issuing a practice note for all defence counsel, not just the trial lawyer involved in the particular case.

In this case, the learned judge essentially concluded that, because defence counsel believed they had a reasonable opportunity of beating the plaintiff's offers, they were not offers that ought reasonably to have been accepted:

Importantly, the court in the case was not persuaded that a plaintiff's privacy interest in her medical records should give way to the «element of surprise» that criminal defence counsel argued was so important to the defence of accused clients.

Detailed notes and written instructions would helpfully later permit defence counsel to confidently distinguish one similar case from the next, and reliably explain how they discharged their important professional obligations in each case.

Your lawyer or duty counsel will be able to give you legal advice about things such as difficulties the Crown could have in proving the case against you, or possible defences you may have.

[50] This recommended practice would seem to be especially helpful in circumstances where defence counsel has a legal practice focused largely upon a particular type of case (e.g. drinking and driving cases), where it would be easy for counsel to confuse one case with another, especially where counsel defends a high volume of such cases each year.

Because of his negotiation skills, courtroom abilities and leading reputation, Mr. Filkow is highly regarded defence counsel in drinking and driving, drug, theft, sexual assault and assault cases across British Columbia.

The presiding judge decided to allow defence counsel to attend the first stage hearing in this case, but ordered them to refrain from disclosing information revealed to anyone, including their clients, and to file written undertakings with the Court promising the same.

In this case, my ongoing concern about the conduct of Defence counsel crystallized at the end of the trial and shed new light back onto it.

As Toronto lawyer Leora Shemesh prepares to defend herself against charges of perjury and obstruction of justice, other defence counsel say they've also been dealing with issues surrounding the existence — or not — of a video that surfaced in a drug case she acted in.

Previously, Chris worked in private practice in both Family Law and Criminal Defence and was counsel on one of the leading cases involving B.C.'s Child Protection Agency and a finding of Misfeasance in a Public Office, one of only a few cases in the country where such a finding has been made.

Topics include — the role of the prosecution and defence counsel, «How can you defend someone you know to be guilty / unpopular defendants», overview of the rules of evidence designed to ensure a fair trial, the role and power of the jury, contempt of court laws and the recent verdict in the PC Harwood manslaughter case.

Hoang v. Vicentini was a motor vehicle case that discusses the difference between litigation experts and participant experts (the former needs to prepare a report under the Rules of Civil Procedure, the latter does not) and also conflict of interest issues for defence counsel acting in a reservation of rights situation.

Although at the time this case was heard, the majority of provincial and territorial appellate courts held that courts had jurisdiction to prevent defence counsel from withdrawing due to non-payment in fees, there was some division in the case law and differing approaches had been taken in the codes of conduct established by provincial law societies.

Most importantly, where a case could hinge on the credibility of the accused and can potentially be undermined by an e-mail statement, defence counsel should consider challenging the admission of the e-mail in a voir dire, even if the trial judge fails to take the initiative to do so.

In terms of one specific case, acting as sole counsel for the Ministry of Defence in the first full Deepcut inquest was a very significant logistical and forensic challengIn terms of one specific case, acting as sole counsel for the Ministry of Defence in the first full Deepcut inquest was a very significant logistical and forensic challengin the first full Deepcut inquest was a very significant logistical and forensic challenge.