Criminal Defence Lawyers - Toronto Criminal Law Firm

Mark J. Sandler, Toronto Criminal Lawyer - Cooper & Sandler LLP

Mark J. Sandler

Tel: 416-585-9191
Fax: 416-408-2372
Email:

Resume of Mark J. Sandler, Toronto Criminal Defence Lawyer

EMPLOYMENT HISTORY, QUALIFICATIONS AND APPOINTMENTS

At present

Partner, Cooper & Sandler LLP, Appellate and trial criminal litigation 

Elected Bencher (two terms), Law Society of Upper Canada 

Currently:
- Chair, Appeals Panel
Chair, Tribunals Committee
- Member, Working Group on Anti-Semitism  and other Forms of Hatred and Discrimination  Based on Religion 

Formerly:
- Member, Human Rights Monitoring Group
- Member, Equity and Aboriginal Issues Committee 
Chair, Tribunals Composition Task Force
- Vice-Chair, Tribunals Committee
Member, Professional Regulations Committee
Member, Certified Specialist Board
Member, Government Relations Committee 

Elected Fellow of the American College of Trial Lawyers 

Chair, Law Foundation of Ontario and Bencher appointed Trustee  
 

February, 1999 -November, 2008 

Part-time Member, Human Rights Tribunal of Ontario  

April, 2007- October, 2008  

Special Counsel (Criminal) to the Inquiry into Pediatric Pathology Ontario 
The Honourable Mr. Justice Stephen Goudge, Commissioner 

May, 2004 - October, 2006

Counsel to the Commissioner of Competition and Attorney General of Canada 
Respecting the investigation and prosecution of major anti-competitive offences under the Competition Act 

February, 2002 - April, 2004

Counsel to the Honourable Fred Kaufman Q.C.
Concerning a legal opinion to the Minister of Justice respecting an application pursuant to section 690 of the Criminal Code by Steven Murray Truscott 

May, 2003 - January, 2004

Consultant (with the Honourable W. David Griffiths) to Health Canada, Drug Strategy and Controlled Substance Programme  
On policies concerning medical use of marijuana 

February, 2002 - January, 2003

Counsel to the Honourable Sydney L. Robins Q.C.
To assist in developing policies and procedures respecting alleged physical and sexual abuse or harassment for Upper Canada College 

April, 2000 -  February, 2002

Senior Policy Advisor, A Review of the Government Response
Response to Institutional Abuse in Nova Scotia
The Honourable Fred Kaufman Q.C., Chair 

April - May, 2001

Counsel to the Honourable W.David Griffiths Q.C.,
A Report to the Attorney General of  Canada: Advice and Recommendations respecting Certain Certificates of Analyst Issued by Health Canada 

September, 1999 - April, 2000  

Counsel, A Review to Make Recommendations to Identify and  Prevent Sexual Misconduct in Ontario Schools
The Honourable Sydney L. Robins Q.C., Chair 

August,1996 - April, 1998

Associate Commission Counsel, Commission on Proceedings Involving Guy Paul Morin
The Honourable Fred Kaufman Q.C., Commissioner  

1980 - May l985

Associate, Austin M. Cooper, Q.C.

1981   

Appointed as Assistant Crown Attorney
(part-time) by the Attorney-General of  Ontario 

1980   

Called to the Bar of the Province of  Ontario 

1978 - 1979    

Articling Student, Austin M. Cooper, Q.C. 

 

1976 to 1977

Research Assistant, Commission on Freedom of Information and Individual Privacy
Province of Ontario; Co-Author, Provisions in the Statutes and Regulations of the Province of Ontario Respecting the Non-Disclosure of Government Information: A Study for the    Commission on Freedom of Information and Individual Privacy 
 

INTERNATIONAL CONSULTATIONS 

Expert Consultant, Judicial Committee of the National Assembly, Vietnam
On Proposed Amendments to the Vietnam Criminal Code, PIAP Project, funded by CIDA   

Member, Canadian Advisory Committee, Jamaican Justice System Review Project
Through the Canadian Bar Association International Development Program 

EDUCATION 

1975 - 1978    

Bachelor of Laws, University of Toronto, Faculty of Law 

1973 - 1975    

University of Toronto, Philosophy and Political Science, Recipient, Innis College Scholarship (two years)  

CERTIFICATIONS 

1989 - Present  

Certified by the Law Society of Upper Canada as a specialist in criminal litigation 

1996 - 2004  

Member, Criminal Law Speciality Committee,  Law Society of Upper Canada, Specialist Certification Programme       

1999   

Certified by Society of Adjudicators and Regulators (S.O.A.R.)

TEACHING OR FACULTY POSITIONS 

July, 2010

Faculty, National Criminal Law Program, Federation of Law Societies of Canada, St. John's, Newfoundland

July, 2009

Faculty, National Criminal Law Program, Federation of Law Societies of Canada, Victoria, British Columbia

July, 2008

Faculty, National Criminal Law Program, Federation of Law Societies of Canada, Charlottetown, Prince Edward Island 

April, 2008

Faculty, Appellate Advocacy Program, Advocates' Society in conjunction with the Court of Appeal for Ontario 

July, 2007

Faculty, National Criminal Law Program, Federation of Law Societies of Canada, Edmonton, Ontario 

1993 - 2005

Faculty, Osgoode Hall Law School (part-time)
Course: Criminal Procedure  (Sandler/Skurka) 
     - This course taught the effective use of criminal procedure by Crown and defence counsel, with an emphasis on the Charter 

1992 - 1993  

Faculty, Osgoode Hall Law School (part-time)
Course: Administration of Criminal Justice (Hunt/Sandler/Skurka)
     - This seminar course addressed the roles played by each of the  participants in the administration of criminal justice 

June, 2004  

Lecturer, Bar Admission Programme, Law Society of Upper Canada Criminal Procedure Section
Topic: The Guilty Plea and Introduction to Sentencing 

September, 2005

Faculty, National Judicial Institute
Frailties in the Criminal Justice Process: The Judge's Role,
Charlottetown, PEI 

June, 2004  

Faculty, National Judicial Institute
Frailties in the Criminal Justice Process: The Judge's Role,
Port Rexton, Newfoundland 

December, 2003

Faculty, National Judicial Institute
Frailties in the Criminal Justice Process: The Judge's Role,
Banff, Alberta 

December, 2002

Faculty, National Judicial Institute
Conference on Judicial Safeguards for the Prevention of Wrongful Convictions 

Winter, 2001  

Lecturer, Bar Admission Programme, Law Society of Upper Canada, Criminal Procedure Section
Topic: Appeals and Extraordinary Remedies 

Spring, 2001  

Lecturer, Bar Admission Programme, Law Society of Upper Canada, Criminal Procedure Section
Topic: Judicial Interim Release 

Fall, 2000  

Lecturer, Bar Admission Programme, Law Society of Upper Canada, Criminal Procedure Section
Topic: Judicial Interim Release 

Fall, 1998  

Lecturer, Bar Admission Programme, Law Society of Upper Canada, Criminal Procedure Section
Topic: Overview of Criminal Procedure and Search/Seizure 

1986 - 1987  

Instructor, Bar Admission Programme, Law Society of Upper Canada, Criminal Procedure Section 

Also Mentor, Criminal Intensive Programme, Osgoode Hall Law School and Participant, Law Society of Upper Canada Advisory Mentor Program for a number of years 
 

PROGRAMME CHAIRS 

Spring, 2009  

Co-chair, Osgoode Hall Law School Professional Development and Centre for Forensic Science and Medicine, University of Toronto Programme on Expert Forensic Evidence in Criminal Proceedings: 
Avoiding Wrongful Convictions 

Winter, 2009  

Chair, Law Society of Upper Canada Educational Programme on Evidentiary Challenges for Criminal Lawyers 

Fall, 1998  

Co-chair, Criminal Lawyers' Association Convention and Education Programme, The Defence Never Rests: Innovative Approaches to Persistent Problems 

Fall, 1997  

Co-chair, Criminal Lawyers' Association Convention and Education Programme, Witness for the Prosecution, Successful Impeachment Strategies 

Fall, 1996  

Co-chair, Criminal Lawyers' Association Convention and Education Programme, Twenty Five Years Advocating Excellence 

1994   

Chair, Symposium on the Legal Remedies for Hate Crimes (for law enforcement personnel, legislators, human rights agencies and groups, and prosecutors), sponsored by the League for Human Rights of B'nai Brith Canada.  Also Editor of Symposium Materials and Author of  Briefing Materials for Faculty 

1988   

Chair, Canadian Bar Association of Ontario  Seminar on Evidence for  Young Lawyers' Division 

BOOK

Criminal Procedure: Cases, Notes and Materials (with The Honourable Madam Justice Fern Weinper), BUTTERWORTHS, 2nd Edition (2004); 1st Edition (1997) 


PAPERS, LECTURES, AND PRESENTATIONS 

 

March, 2010

Panallist, Ministry of the Attorney General (Ontario).  Current Issues in Science and Law in Child Death Cases, Toronto                                                                                                                  Topic of Presentation:  The Legal Primer: Expert Evidence and Evidence Based Medicine

February, 2010

Panellist, National Judicial Institute, Innovative Criminal Trial Conference, Toronto
Topic of Presentation:  Innovative Use of Experts

February, 2010

2010 OBA Institute - Criminal Law:  The Ultimate Guide to Running a Trial
Topic of Paper:  How to Approach an Opening and Closing Address

 February, 2010

Panellist, National Judicial Institute, Innovative Criminal Trial Management   
Topic:  Innovative Use of Experts

February, 2010

Planning Committee, Third Biennial Conference on Combatting Hatred in the Twenty-first Century:  Legal Remedies, Also Presenter (with Powerpoint) on
the Use of the Criminal Code to Combat Hate; Panellist on same topic; Panellist on Sentencing for Hate Motivated Crime

January, 2010

Presenter, Osgoode Hall Law School, LL.M. Programme in Crminal Law
Topic:  Expert Testimony Post- Goudge Inquiry

December, 2009

Panellist, Osgoode Professional Development CLE, Course in Prosecuting and Defending Professional Discipline Cases 
Topic:  Conduct of the Hearing:  Effective Advocacy

November, 2009

Presenter, Centre for the Legal Profession and University of Toronto Faculty of Law, Intensive Week on Legal Ethics and Professionalism for First Year Class
Topic:  The Law Society as Regulator

October, 2009     

Presenter, Adjudicator orientation Session,, Law Society of Upper Canada 
Topics:  The Conduct of the Hearing - Best Practices; Overview of the Rules of Practice and Procedure; The Appeal Panel as Administrative Tribunal

October, 2009        

Presenter, Teleseminar on Preserving and Protecting Your Client's Confidentiality, Law Society of Upper Canada 

October, 2009       

Presenter, 2nd Law Society of Upper Canada Discipline Forum, The New Rules of Practice and Prcocedure:  A View from the Hearing Panel

May, 2009  

Osgoode Hall Law School Professional  Development and Centre for  Forensic Science and Medicine, University of Toronto, Programme on Expert Forensic Evidence in Criminal Proceedings: Avoiding Wrongful Convictions Panellist, Reflections Learned and Challenges Going Forward Panellist, The Steven Truscott Case Part II: The Legal Perspective and Lessons Learned 

March, 2009  

Advocates' Society, Programme on Advanced  Trial Evidence: 
Practical Problems, Real Solutions 
Topic: Hearsay: What does it really mean? 

February, 2009

Law Society of Upper Canada, Discipline Forum, Panellist
Topic: The Adjudicator's Perspective 

January, 2009  

OBA 2009 Institute, Criminal Law Programme on The Charter:
The Practical Perspective
Topic and Paper (co-authored with Corie Langdon): Update on Recent Charter Cases 

December, 2008

Judicial Committee of the National Assembly Workshops on Proposed Amendments to the Vietnam Criminal Code, Ho Chi Minh City, Vietnam Papers (and related presentations): Canadian Approaches to Terrorism, Organized Crime and International Offences Canadian Approaches to White Collar or Commercial Crimes, Part I: Introduction Canadian Approaches to White Collar or Commercial Crimes, Part II  Additional Workshop on Proposed Amendments to the Vietnam Criminal Code 

November, 2008

Competition Bureau, Criminal Branch Seminar, Ottawa, Ontario 
Powerpoint and Presentation on Strategies for Drafting Complex Search Documents 

August, 2008  

Canadian Bar Association Canadian Legal Conference, Quebec City, Quebec
Panellist, Media in the Courtroom: Access to the Court File, Privacy and the Right to a Fair Trial 

July, 2008  

National Criminal Law Program, Federation of Law Societies of Canada, Charlottetown, Prince Edward Island
Papers (and related presentations): Procedure on s. 276 Applications  
Advocacy Before a Jury: The Defence
Addition Panel Topic: s. 24(2) of the Charter: A Moving Target? 

February, 2008

Panellist, University of Toronto, Faculty of Law, Truth, Justice and Public Inquiries The Morin Inquiry 

July, 2008  

Presenter, The Canadian Institute Conference on Litigation against the Crown
Topic: Public Inquiries 

November, 2007

Presenter, Conference on Combating Hatred in the 21st Century, Balancing Rights, Freedoms and Responsibilities 
Panel Topic: The Justice System Responds  

July, 2007  

National Criminal Law Program, Federation of Law Societies of Canada, Edmonton, Ontario
Papers: The Lawyer's Duty of Confidentiality Terrorism Offences 
Additional Panel Topic: Recent Decisions of the Supreme Court of Canada 

March, 2007  

Presenter, OBA 9th Annual Central East Advocacy Conference on Focused Advocacy - Making Trials Affordable 
Topic: The Advantages of Focused Advocacy 

February, 2007

Panellist, Advocates' Society Criminal Litigation Skills Litigation Program on Cross-Examination of Fact and Expert Witnesses

February, 2007

Panellist, University of Toronto, Faculty of Law, Truth, Justice & Public Inquiries
Topic: Process and Justice: Ipperwash 

February, 2007

Panellist, Ontario Bar Association Institute of Continuing Education on the Ultimate Guide on Hearsay and Voluntariness
Topic: The View: A Question and Answer Guide To Hearsay and Voluntarines

January, 2007  

Presenter, Osgoode Hall Law School Master of Laws Program (Criminal Law) 
Topic: Jailhouse Informants 

November, 2006

Panellist, Criminal Lawyers Association Convention and Educational Programme 
Topic: Trying on New Briefs: Public Inquiries, Inquests and Amicus Curae 

May, 2006  

Panellist, The American College of Trial Lawyers and the Advocates' Society Spring Symposium
Topic: Developments in the Law of Privilege  

April, 2006  

Presenter, The Law Society of Upper Canada and the League for Human Rights of B'nai Brith Canada Programme, Hate on the Internet v. Freedom of Expression 
Topic: Eliminating Online Propaganda of Racial and Religious Hatred 

April, 2005  

Lecturer, Ontario Provincial Police Educational Programme on Search Warrants 
Topic: Attacking Search Warrants 

April, 2005  

Instructor, Appellate Advocacy Programme, The Advocates' Society  

January, 2005  

Presenter, the Advocates Society, Criminal Litigation Skills Certificate Program:
Motions that Win Cases 
 Panellist respecting various evidentiary and tactical issues concerning pre-trial motions  

October, 2004  

Presenter, The Advocates Society and the Criminal Lawyers' Association, Defending a Domestic Assault Case 
Panellist on Various Legal Issues Conducted a Mock Cross-examination  

April, 2004          

Presenter, Osgoode Hall Law School  Professional Development Program, Continuing Legal Education, Evidence Workshop: A Practical Course for Common Trial Evidentiary Issues
Topic: Hearsay: The Principled Approach Since R. v. Starr 
Paper: “Starr-Struck”: The Current Framework For Hearsay Admissibility 

November, 2003

Presenter, Criminal Lawyers' Association 2003 Fall Conference, Criminal Law in a Changing World 
Topic: Changes to Preliminary Inquiry and Defence Disclosure  

October, 2003  

Presenter, The Law Society of Upper Canada, 2nd Annual The New Lawyer Experience 
Topic: Criminal law 

May, 2003  

Presenter, The Hamilton Criminal Lawyers Association Seminar, Hamilton, Ontario 
Topic: Recent Developments in the Law 

May, 2003  

Presenter, Ontario Judges Conference, Windsor, Ontario 
Topic: Reasons for Judgement: An Analysis of Errors identified by Ontario Appellate Courts in Reasons for Judgement (January, 2002 to April 30, 2003) 

May, 2003  

Presenter, CLASP Training Session 2003: Ethics and Professional Responsibility (for legal aid clinic law students),  

May, 2003  

Presenter, Canadian Life and Health Insurance Association Inc., 2003 Compliance Section, Annual Conference, Quebec City, Quebec 
Topic: Forgery and Fraud  

April, 2003  

Faculty, The Law Society of Upper Canada,  Special Lectures 2003: 
The Law of Evidence
Topic of Presentation: The Objectives of Cross-Examination (with  A.Cooper) 
Paper: same as above 

February, 2003

Presenter, The Law Society of Upper Canada Continuing Legal Education Programme, Plea Negotiations: Achieving A “Win-Win” Result
Topic: Negotiating Techniques: Getting to “Yes” 

January, 2003  

Presenter, The Law Society of Upper Canada Continuing Legal Education Programme, What Civil Litigators Need To Know About Criminal Law 
Topic: Staying Civil or Administrative Proceedings Pending Criminal Proceedings 

December, 2002

Presenter and Facilitator, National  Judicial Institute, Judicial Safeguards For The Prevention of Wrongful Convictions 
Topic of Presentation: Suspect Evidence 

May, 2002  

Presenter, Bar Admission Programme, Law Society of Upper Canada, Professional Responsibility Section, Videotape on Ethical Advocacy and Civility 

March, 2002  

Speaker, York Region Law Association Dinner 
Topic: Advocacy: The Good, the Bad and the Ugly 

January, 2002  

Panellist, Ontario Bar Association 2002 Institute of Continuing Legal Education:
Criminal Law Update 2002
Topic: Sentencing Developments 
Paper (with L. Kaufman): Getting the Best Result: The Effective and Persuasive Sentencing Package 

November, 2001

Panellist, CSFS 2001: A Forensic Odyssey, Canadian Society of Forensic Science Conference, Plenary Session 
Topic: The Campbell and Kaufman Reports: Transformation of the Justice System 

November, 2001

Panellist, 13th Annual Conference of Ontario Boards and Agencies, Society of Adjudicators and Regulators
Topic: Assessing Credibility  

June, 2001  

Speaker, Seminar for Legal Counsel to the Office of the Public Guardian and Trustee, Ministry of the Attorney General 
Topic: The Duties and Obligations of the Public Guardian and Trustee Respecting Physical Evidence of Criminality  

June, 2001  

Address to the Association of Women Lawyers, Calgary, Alberta 
Topic: Defence Counsel's Dilemma  

April, 2001  

Instructor, Appellate Advocacy Programme,  The Advocates' Society  

April, 2001  

Speaker, Central East Advocacy Conference on Credibility, Canadian Bar Association (Ontario Branch), Lindsay, Ontario 
Topic: Learning from Our Past Mistakes  

January, 2001  

Address to Canadian Bar Association (Alberta Branch) Mid-Winter Meeting, Edmonton, Alberta
Topic: Incriminating Evidence in the Possession of the Defence: R. v. Murray
Also Panellist for Criminal Section 
Topic: The Best Defence is a Good Offence: Defence Motions 

November, 2000

Keynote Address,4th Annual Conference, The Continuing Legal Eucation Society of Nova Scotia and the Nova Scotia Criminal Lawyers'   Association on The Morin Inquiry: Have We Learned Anything, Halifax, Nova Scotia
Topic: The Wrongful Conviction of Guy Paul Morin: What Went Wrong, 
Also Presenter

November, 2000

Presenter, Criminal Lawyers' Association Annual Convention and Educational Programme, Defence of the Defence Bar: Ethical and Evidentiary Issues in a Changing Justice System
Topic: Crimes Without Borders

October, 2000

Presenter, Connecting Communities With Counsel, Orientation Session, Law Society of Upper Canada
Topic: Pro Bono Work 

October, 2000

Presenter, Recent Developments in the Law of Privilege, Canadian Bar Association Continuing Legal Education,
Topic of Paper: Overriding Solicitor-Client Privilege: A Brief Introduction

October, 2000

 Developments in Criminal Law: The 1999-2000 Term, (2000), 13 Supreme Court Law Review (2nd Series) 167 (with Christopher Sherrin)

September, 2000

Presenter (with Mr. Justice David Watt and Robert Clark), Osgoode Hall Law School Professional Development Programme, Criminal Intelligence: Critical Information for the Prosecution, the Defence and the Police
Topic: How to Prepare a Charge to the Jury

April, 2000

Presenter, Ontario Court of Justice, Regional Judges' Seminar, Toronto, Ontario
Topic: Vulnerable Witnesses: Procedural and Evidentiary Considerations

April, 2000

Presenter, York Regional Police Force, Seminar on Surveillance Techniques for officers from various Ontario police forces)
Topic: Use of Notebooks and Videotaping

January, 2000

Speaker, Temple Emanu-El, Toronto
Topic: Humour in the Courtroom

Fall, 1999

Developments in Criminal Procedure: The 1998-99 Term, (2000), 11 Supreme Court Law Review (2nd Series) 307

Spring, 1999

Faculty, Appellate Courts Seminar, National Judicial Institute Topic of Paper: Lessons for Appellate Courts from the Morin Inquiry Spring, 1999 
Instructor, Appellate Advocacy Program, Ontario Centre for Advocacy Training Spring, 1999
Presenter, Superior Court of Justice, Central East Regional Meeting, Alliston, Ontario
Topic of Paper: Lessons for Trial Judges from the Morin Inquiry

Spring, 1999

Presenter, Manitoba Queen's Bench Seminar, Gimli, Manitoba Topic of Paper: Lessons for Trial Judges from the Morin Inquiry

Winter, 1999

Presenter and Facilitator, Second International Symposium on Hate on the Internet, sponsored by B'nai Brith Canada and the Law Society of Upper Canada

Fall, 1998

Presenter (with the Honourable Mr. Justice Marc Rosenberg), Criminal Lawyers' Association Convention and Education Programme
Topic of paper: The Lessons of the Morin Inquiry Part II--Jailhouse Informant Evidence

Fall, 1998 

Presenter, Ontario Judges Association Regional Educational Seminar, Toronto
Topic: The Impact of the Kaufman Report on Criminal Trial Proceedings

Spring, 1998

Presenter, Federated Press Conference on Mastering the Art of Cross- Examination,
Topic of paper: Cross-examining the Eyewitness

Spring, 1998

Presenter, Canada Watch, Osgoode Hall Law School Professional Development Programme 1997 Constitutional Cases-- An Analysis of the 1997 Constitutional Decisions of the Supreme Court of Canada
Topic: The Charter and Criminal Law

Summer, 1998 

Presenter, Department of Justice Annual Prosecutor's Conference, Toronto
Topic: Are there Morin problems in Federal Prosecutions

Fall, 1997

Presenter, Criminal Lawyers' Association Convention and Education Programme
Topic of paper: Getting Out From Behind the Section 8 Ball: How to Approach the Section 8 Charter Witness

Fall, 1997

 Presenter, Law Society of Upper Canada, Continuing Legal Education Department, Programme entitled Criminal Trial Workshop
Topic: Pre-Trial Preparation

Fall, 1996 

Presenter (with Marlys Edwardh), Criminal Lawyers' Association Convention and Education Programme
Topic of paper: Eyewitness Identification
Second paper: The Accused's Bad Character

Spring, 1996

Presenter, Criminal Lawyers' Association Spring Convention and Education Programme, The Anatomy of a Provincial Court Trial,
Topic: The Crown's Case

Summer, 1996

Presenter, Law Society of Upper Canada, Bar Admission Programme, Advocacy Unit, A Mock Cross-examination

Spring, 1996

Presenter, International Hate Propaganda-Hate/Bias Motivated Crime Symposium, Durham Regional Police Learning Centre, Durham College, Oshawa, Ontario
Topic: Legal Considerations [in investigating and prosecuting hate crimes

1996

Presenter, Securities Forum, '96, Insight Conference
Topic: Current Issues in Enforcement (Implications of B.C. Securities Commission v. Branch et al.)

1996

Contributor, Wellesley Hospital's protocol development on treatment of victims of violence against gays and lesbians (in partnership with 519 Church St. Community Centre)

1995

Presenter, Criminal Lawyers' Association Convention and Education Programme, Pinocchio's Nose in the Courtroom: Truth, Deception and Credibility Judgements
Topic of paper (with C. Sherrin): Giving Credit Where Credit is Due(or Not)- Credibility and the Art of Persuasion

1995

Keynote Address, Canadian Association of Statutory Human Rights Agencies Annual Conference, What is the Role of Statutory Human Rights Agencies in Responding to Hatred, Winnipeg, Manitoba
Topic: An Overview of Organized Hatred in Canada

1995 

Witness, the Standing Committee on Legal and Constitutional Affairs, the Senate of Canada respecting Bill C-41

1995

Presenter, Securities Forum, '95, Insight Conference, Topic: Current Issues in Enforcement

1995

Witness, the Standing Committee on Justice and Legal Affairs, House of Commons respecting Bill C-41

1995

Lecturer, Jewish Law Students Association Convention
Topic: Bill C-41 and Related Issues

1995

Presenter, The Young Leadership Network, League for Human Rights of B'nai Brith Canada Topic: White and Black Supremacists: Alliance of Fear

1995

Lecturer, Metropolitan Toronto Police Force, 52 Division, Toronto, Ontario
Topic: The Investigation of Hate Motivated Crimes 

1994

Presenter, Law Society of Upper Canada, Continuing Education Programme, Hot Topics for Criminal Lawyers
Topic: Essential Forensics--Forging Ahead in Handwriting Analysis

1994

Presenter, Symposium on the Legal Remedies for Hate Crimes, sponsored by the League for Human Rights of B'nai Brith Canada
Topic: Obtaining Deterrent Sentences
Second Topic: Techniques for Successful Prosecution
Third Topic: Criminal Law Responses to Hate Crimes
Demonstrator, mock cross-examination

1994

Presenter, Forum on Confronting Hate, Affirming Diversity, sponsored by the Town of Markham and the Ontario Anti-Racism Secretariat, Ministry of Citizenship
Topic: A Legal Response to Hate Group Activities

1994

Faculty, Ontario Centre for Advocacy, A Joint Project of the Law Society of Upper Canada and the Advocates' Society, Appellate Advocacy Programme

1994

Lecturer, Seminar on Racism and Anti-Semitism for the Hate Crime Unit of the Metropolitan Toronto Police Force 
Topic: Expert Evidence

1994

Presenter, Criminal Lawyers' Association and the New York State Association of Criminal Defence Lawyers Joint Conference on Cross Border Advocacy, New York City, New York
Topic: Addressing the Jury

1994

Presenter and Co-Facilitator, Racism and Cultural Awareness Training Programme, Prosecutors' Division, Saskatchewan Justice, Prince Albert, Saskatchewan Topics: Effective Prosecution of Hate Motivated Crimes Legal Remedies to Combat Hate Racial, Ethnic, Cultural Issues for Prosecutors. Focus on Aboriginal community.

1994

Presenter, Ontario Police College Hate Propaganda and Hate/Bias Motivated Crimes Symposium 
Topic: Legal Considerations (The Use of the Criminal Code and other Statutes to Combat Hate Crimes)

1994

Lecturer, Queen's University Faculty of Law 
Topic: Hate Motivated Crimes

1994

Co-Author, Brief presented to the Government of Canada by B'nai Brith Canada on Nazi War Criminals and Hate Activity in Canada

1994

Speaker, Jewish Law Students Association Convention, Debate with Clayton Ruby 
Topic: Section 2(b) of the Charter and the constitutionality of hate propaganda offences (Debated this issue in various forums and with various individuals, including Alan Borovoy, Canadian Civil Liberties Association)

1993

Presenter, Law Society of Upper Canada Continuing Legal Education Programme, Criminal Law and the Charter: An Essential Update 
Topic: Recent Developments under Sections 8 and 9 of the Charter

1993

Lecturer, Dr.Bernie Vigod Fourth Memorial Lecture, delivered at the University of New Brunswick, Fredericton, New Brunswick (43 U.N.B.L.J. 269)
Topic: Hate Crimes and Hate Group Activity

1993

Principal Advisor, Study on the Victim Impact of Racially Motivated Crimes, conducted for the Commission on Systemic Racism in the Ontario Criminal Justice System. Also made oral submissions to the Commission.

1993

Presenter, Canadian Bar Association of Ontario, Institute of Continuing Legal Education
Topic: What Every Family Law Lawyer Needs to Know About Criminal Law

1993

Presenter, Toronto Mayor's Committee on Community and Race Relations,
Topic: Victim Impact of Racially Motivated Crimes and Legal Recommendations (also briefed Metro Councillors on the legal remedies to combat hate)

1992

Presenter, Law Society of Upper Canada Continuing Education Programme on the Criminal Proceedings Rules
Topic: Summary Conviction Appeals

1992

Lecturer, Crown Attorneys' Office, Ministry of the Attorney-General, Newmarket, Ontario
Topic: The Conduct of a Bail Hearing by the Crown

1992

Presenter, Symposium on Racism, Hate Crimes and the Law, sponsored by the Canadian Anti- Racism Education Research Society, Vancouver, British Columbia
Topic: The Justice System

1992

Presenter, Symposium on Equality and Justice: The Implications for Canada of the Rise of Racism, Anti-Semitism and Xenophobia in Europe and North America sponsored by a joint committee of the Anti-Racism and Human Rights Network and the League for Human Rights of B'nai Brith Canada
Topic: Equality, Justice, Policing and the Law

1992

Lecturer, Seminar on Racial, Ethnic and Cultural Equity sponsored by the Western Judicial Education Centre, and the Saskatchewan Provincial Judges' Association and the College of Law, University of Saskatchewan, Saskatoon
Topic: Introducing Hate Groups, Hate Propaganda and Racially Motivated Crimes to Provincial Judges. Also, presenter on panel addressing racial, ethnic and cultural issues arising in the justice system

1992

Presenter, Canadian Bar Association of Ontario, Legal Education Programme, The New Battlefield for Litigators, Criminal Law Invades the Boardroom

1992

Presenter, Criminal Lawyers' Association and the Ontario Crown Attorneys' Association Education Programme on Disclosure: How to Get it and How to Use it

1991

Presenter, Department of Justice Third Annual Conference on Human Rights and the Charter Topic of paper: Post-Charter Consideration of [R. v.] Sault Ste. Marie

1991

Presenter, Conference on Anti-Semitism around the World, sponsored by the Anti-Defamation League of the B'nai Brith in cooperation with the League for Human Rights of B'nai Brith Canada
Topic: The Use of Criminal Law to Combat Hate

1989

Presenter, Criminal Lawyers' Association and Ontario Crown Attorneys' Association Seminar on Trial by Judge Alone

1987

Presenter, Canadian Bar Association--Ontario, Continuing Legal Education and Young Lawyers' Division Seminar on Practical Issues and Considerations in Criminal Law
Topic of paper presented: Defending an eyewitness identification case


DESCRIPTION OF PRACTICE

Practice devoted to appellate and trial criminal and quasi-criminal litigation, with some emphasis now on commercial crime and regulatory offences. As well, from 1995 to 2008, have acted as commission counsel, review counsel or senior policy advisor on a series of public inquiries/reviews. Also, counsel for complainants in criminal cases (for example, in opposing release of records to defence) or in related proceedings. As part-time Assistant Crown Attorney, appeared in the Provincial Ccourt and Youth Court many times (Newmarket, Downtown Toronto, Scarborough and Brampton) and in the Superior Court of Justice. Recently acted for the Commissioner of Competition and the Department of Justice in the prosecution of anti-competitive offences. Also provided legal opinions to governmental and non-governmental entities in Canada and internationally on topics relating to criminal law, ethical issues, or hate motivated crime.

TRIBUNALS OR COURTS

Appearances before the following tribunals or courts:

Supreme Court of Canada
Ontario Court of Appeal
Ontario Divisional Court
Federal Court of Appeal

Federal Court
Superior Court of Justice and predecessor courts
Ontario Court of Justice and predecessor courts
Youth Court
Provincial Offences Court (respecting securities offences or other provincial offences)
Coroner's Court
Toronto Stock Exchange
Law Society of Upper Canada, Discipline Committees and Convocation (before election as Bencher)
College of Pharmacists
Alcohol and Gaming Commission of Ontario
Ontario Judicial Council (and served as panel member)
Justices of the Peace Review Council
Ontario Securities Commission
Inquiries constituted under the Ontario Public Inquiries Act
Institute of Chartered Accountants of Ontario
United States District Court

MEMBERSHIPS IN PROFESSIONAL ORGANIZATIONS

Advocates' Society
Canadian Association of Law Teachers
Ontario Bar Association
Criminal Lawyers' Association
Toronto Lawyers' Association
York Region Law Association 

COMMUNITY INVOLVEMENT

Present

Chair and Trustee, Law Foundation of Ontario

 

1991 - 1995[1]

Senior Counsel, League for Human Rights of B'nai Brith Canada.
The League is a non-profit agency dedicated to combatting racism and bigotry, through educational programming, community action and the provision of legal advice and interventions.
National Chairman, League for Human Rights of B'nai Brith Canada.
While National Chairman, the League received the Minister of State for Multiculturalism and Citizenship's Award for Excellence in Race Relations, the first non-profit organization to do so.
Held various other positions in the past:

Member, District Administrative Board, B'nai Brith Canada
Chair, National Legal Committee
Member, National Cabinet, League for Human Rights
Member, Central Region Cabinet

In various capacities:

-appeared as counsel on behalf of the League in interventions before the Supreme Court of Canada

-supervised or consulted with counsel on behalf of the League respecting proceedings before the Supreme Court of Canada, Ontario Court of Appeal, Federal Court of Canada, human rights tribunals, commissions of inquiry, civil actions, and immigration or deportation hearings relating to the League's mandate  

-been consulted by numerous Crown counsel and law enforcement personnel respecting the investigation and prosecution of hate motivated activity 

-authored or supervised the preparation of position papers, briefs, studies commissioned by government, and a number of publications relating to the League's mandate

-advised many government agencies (municipal, provincial and federal) in relation to human rights issues, hate group activity and, most particularly, the use of legislation to combat hate

-participated as a lecturer, presenter, facilitator, or panellist on over 150 occasions on a variety of topics, examples of which are earlier noted

-also active on many human rights projects, unrelated to legal or legislative issues. Some examples follow:

Co-originated The Canadian Student Human Rights Achievement Awards (a programme which engaged students in human rights projects across the country)

The Annual Media Human Rights Awards (which award media excellence in sensitizing the public on human rights issues). In 1994, chaired the awards which also honoured The Honourable Bertha Wilson.

The Holocaust and Hope National Educators' Symposia and the Michael Kleinberg Memorial Lecture (which taught educators about the holocaust)

The "Diversity and Unity" pin campaign (which counteracted a racist pin campaign originating in Western Canada)

A community liaison programme (bringing together members of the Jewish community with other communities. The programme included a Black-Jewish and Moslem-Jewish dialogue)

Other community activities include:

Former Vice-President, Member of Executive and the Social Action Committee at Temple Emanu-El, North York, Ontario.

Co-originated Social Action Day, held to sensitize children and adults to issues of social concern. In 1995,facilitated the seminar on persons with disabilities and in 1996, taught young children how to recognize and deal with stereotypes and bigotry.

Member, Co-ordinating and Steering Committee, Coalition Against Child Poverty 


AWARDS AND DISTINCTIONS

Recipient, Outstanding Pro Bono Legal Services Award by the Young Lawyers' Section of the Canadian Bar Association

Recipient, Label A. Katz Young Leadership Award by B'nai Brith International, Washington, D.C. for contributions in the field of human rights

Recipient, Certificate, Metropolitan Toronto Police Force for contributions relating to human rights and anti-racism

 

PERSONAL

Interests include classical and jazz piano, hockey (formely in-line coach and player), and theatre