Recent Articles

Another Test Blog Post

February 24, 2010 19:40

Here`s some text for another test blog post. The underlined entry is a link back to the Gibbons Fowler website....Here`s some text for another test blog post. The underlined entry is a link back to the Gibbons Fowler website.

Test Message

February 02, 2010 22:15

This is just a test to see how the new blog postings look....This is just a test to see how the new blog postings look.

Representing Co-Accused - Is the Temptation Worth the Risk?

February 02, 2007 21:53

In R. v. Kim the Court of Appeal found that defence counsel was in an impossible conflict in representing two co-accused. It thus struck out the Appellant's guilty plea and ordered a new trial. The case is an exemplar for...In R. v. Kim the Court of Appeal found that defence counsel was in an...

"Conflict of Interest" and Removal from the Record

February 02, 2007 21:52

A recent case has highlighted some ethical issues surrounding withdrawal of counsel from the record. Counsel attempted, unsuccessfully, to end the retainer. Her failure sounds a warning for counsel who don't take their ethical obligations seriously enough and/or fail to...A recent case has...

Trochym, Hypnosis and Eyewitness Identification

February 02, 2007 17:23

The SCC has ruled inadmissible testimony from witnesses who have been subjected to hypnosis. So holds the recently released R. v. Trochym. The ruling is somewhat unusual; it's not often that the Court issues a blanket condemnation of evidence that...The SCC has ruled inadmissible testimony from...

Mr. Big Reaffirmed - The Right to Silence and Expert Evidence of False Confessions

January 30, 2007 22:22

Mr. Big police undercover operations involve the police posing as criminals in order to obtain a confession from a suspect. The suspect is usually enticed to confess by inducements ("if you own up to some crimes we'll let you into...Mr. Big police undercover operations involve the police posing as...

Case to Watch - Leave to Appeal to the SCC and the Right to Silence

January 26, 2007 01:25

The Supreme Court of Canada recently granted leave to appeal in a BC case that raises important right to silence issues. It's worth watching closely....The Supreme Court of Canada recently granted leave to appeal in a BC case that raises important right to silence issues. It's worth watching...

Michel Proulx - In Memoriam

January 15, 2007 17:28

Michel Proulx, one of Canada's great criminal defence advocates and appeal court judges, passed away yesterday after a long illness. He impressed and touched all who met him with his intelligence, curiosity, enthusiasm and warmth of heart. I first met...Michel Proulx, one of Canada's great criminal...

Follow Up - Mistrial Follows Lawyer-Witness Clash

January 15, 2007 16:53

Last week we described a near-fight that took place between a Crown witness, Todd Kealy, and the defence lawyer who was cross-examining him, Reid Rusonik. The upshot of the imbroglio was that the judge ordered Rusonik to have no contact...Last week we described a near-fight that took place between...

Prize Fight Lawyering

January 10, 2007 18:36

We've been following a wild story out of Ontario, about a lawyer and Crown witness almost coming to blows in the courtroom. Kirk Makin first reported the case in the December 16, 2006 Globe & Mail. Two accused were being...We've been following a wild story out of Ontario, about a lawyer and Crown...