Scholarly Articles

   

Yes it might have a barrel, a butt, and a bolt, but is it a firearm?

Article by Joshua A. Clarke

This paper will discuss under what circumstances a pellet gun will be considered a firearm. It is settled law that an unloaded gun will be considered a “firearm” within the meaning of s. 2. Even an inoperable firearm could be a firearm if ... Read more

   

Travelling with a Criminal Record? Hope for the Best, Plan for the Worst

Article by Joshua A. Clarke

Most, if not all, practising criminal lawyers will have been at one time or another asked how a Canadian criminal record might affect entry into the United States of America. The answer to this question is usually that we are neither American lawyers, nor experts in American immigration law, and any information provided is a “best guess” as to ... Read more

   

Admissibility of Family Court Evidence in Criminal Proceedings

Montebello paper 2012

Defence lawyers often deal with clients who have concurrent proceedings in family court, particularly the client accused of domestic-related offences. The purpose of this paper is twofold: 1) to assist the defence lawyer with substantive evidence law and 2) assist in advising the client with ongoing family law matters. Questions might arise about whether ... Read more

   

Helpful Articles

   

Ten things to look for when deciding on the right lawyer for your case

Article by Joshua A. Clarke

Being arrested and charged with a criminal offence is a significant intrusion into the sanctity of one's life. The arrest creates anxiety and uncertainty about what the next steps are, who should be contacted or what steps should be taken. Selecting the right lawyer will invariably ease much of the anxiety. The right lawyer or firm will guide the accused person through the difficult process and avoid classic pitfalls made by inexperienced counsel or people who unwisely choose to represent themselves... Read more