The Law Garage
Come in for your tune-up in the Law Garage and learn from leading professionals in the criminal bar
We found 10 episodes of The Law Garage with the tag “canada”.
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Pre-Trial Motions with Leora Shemesh
January 6th, 2021 | Season 1 | 38 mins
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“You take your cues from your client. If he’s black and blue and he’s adamant that he was done wrong by the police, I bring the application. And I don’t hope for success, I drive it for success. You are their voice and their advocate and you’re going to vigorously put their application before the court to suggest that this was not okay, this was not right. Is it the clearest of cases? That’ll be up to the judge to decide however, you litigate the case as if it’s the clearest of cases.”
Leora Shemesh has appeared at all levels of Court, and continues to maintain a busy practice focusing on the Charter of Rights and Freedoms and defending her client’s constitutional rights. Leora has been a part of ground-breaking cases involving the legalization of marijuana in the now infamous case of Regina v. Hitzig. She had challenged the limits of strip searches on women in York Region and she has vigorously defended many clients defending their constitutional rights to privacy, and security. Leora’s practice focuses on search warrants, search and seizure and the police use of excessive force. Leora defends all of her clients vigorously and persuasively with compassion and passion. Leora often assists young criminal lawyers in Toronto with mentorship and guidance. Learn about Leora’s practice with Pre-Trial Motions and her advice for lawyers in this area.
Produced by: Zenia Sethna and Jason Cooper
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Ethics and Professional Responsibility with Darryl Singer
December 30th, 2020 | Season 1 | 39 mins 49 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“When we talk about ethics in law school, it’s all about things like don’t steal money from your trust account, don’t cheat your client…that’s the obvious stuff.…Being an ethical lawyer goes beyond that. It’s about making decisions in the day to day of your practice that aren’t about you. They are about the best interests of your client.”
Darryl Singer heads up Diamond & Diamond’s Commercial and Civil Litigation Practice Group. He also continues to run a sizeable Personal Injury practice. Darryl has almost 25 years of trial experience, having graduated from Osgoode Hall Law School in 1991 and being called to the Bar in Ontario in 1993. For more information about Darryl or to read his articles, see his personal website at www.darrylsinger.com. Listen to learn more about his personal story regarding Ethics and Professional Responsibility as a lawyer.
Produced by: Zenia Sethna and Jason Cooper
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Trials and Jury Trials with Jennifer Penman and Dirk Derstine
December 16th, 2020 | Season 1 | 36 mins 24 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“What you are doing in your cross-examination is trying to paint a picture…It’s theatre because you’re conveying a message. It’s theatre when you walk up to your accused’s water glass and drink out of his water glass because he’s just a regular guy. It’s theatre when you put your hand on his shoulder in the box because he’s just a human being just like you, he’s not some sort of monster….It’s important that every cross examination be curated for exactly what it is intended to do and that it not all be monochromatic.”
In 1999, Jennifer and Dirk joined as partners in the firm, Derstine Penman, where they continue to be partners today. Since becoming a lawyer, Jennifer Penman has practiced criminal defence law at all levels of the Ontario courts. Over the course of her career, Jennifer has vigorously defended any and all types of criminal charges in numerous jury and non-jury trials with charges ranging from murder to manslaughter and sexual assault to trafficking drugs. Dirk Derstine was called to the bar in 1993 and has dedicated his career to providing a strong defence to those charged with very serious crimes. He has been counsel in over a hundred jury trials and over forty murder trials, a number of them being extremely high profile and complex homicides. He also frequently appears on indictable appeals, both in the Ontario Court of Appeal and the Supreme Court of Canada. Learn about Jennifer and Dirk’s love for the courtroom and their practice when preparing for trials and jury trials.
Produced by: Zenia Sethna and Jason Cooper
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Work/Life Balance with Doron Gold
December 9th, 2020 | Season 1 | 42 mins 10 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“I’ve been working in lawyer assistance now since 2006, the issue has always been the same – a profession full of people with higher incidences of depression, anxiety, substance use disorders by a factor of 2 to 3 compared to the general population. That same population is less inclined than the general population to ask for help…You’ve got a whole bunch of people that need more help than the average person and are less inclined to go seek it.”
Doron Gold is a psychotherapist and former practicing lawyer living and working in Toronto, Canada. He is registered with the Ontario College of Social Workers and Social Service Workers as well as with the Law Society of Upper Canada. His personal experience working in the legal profession, coupled with his many years of experience working with lawyers in distress at the Ontario Lawyers' Assistance Program (OLAP) have given him a unique and valuable perspective on the challenges faced by these individuals. Because he understands their lives and their unique challenges, he is able to speak a type of shorthand that allows them to relax and feel seen, heard and understood while not feeling judged. Learn about work/life balance and creating boundaries in your practice from this experienced psychotherapist.
Produced by: Zenia Sethna and Jason Cooper
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Work/Life Balance with Michael Bury
December 9th, 2020 | Season 1 | 37 mins 28 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“Coaching typically starts with people reaching out…We start with creating some goals: What goals do you want to achieve? What do you want to do? Do you still even want to be a lawyer? Issues like that. And then we set up an accountability system.…Having someone who is going to monitor your accountability to get to the next level is very important – that’s where people struggle.”
Michael Bury, Principal of Blue Pond Coaching in Toronto, provides private executive coaching services for lawyers and paralegal professionals in Canada. He graduated with a Bachelor of Arts (Hons) in English and Philosophy from the University of Toronto in 1988, before earning his Bachelor of Laws from Western University in 1991 and his Master of Laws in Business Law from Osgoode Hall Law School in 2003. As a Certified Executive Coach with Blue Pond Coaching and volunteer member of the Law Society of Ontario’s Coach and Advisor Network, he helps legal professionals develop essential survival skills to deal with their career challenges. Listen to Michael speak about work/life balance and his tips for dealing with the stress of the profession.
Produced by: Zenia Sethna and Jason Cooper
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The Preliminary Inquiry with Nadir Sachak
December 2nd, 2020 | Season 1 | 34 mins 37 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“A client is the most important individual from a defence lawyer’s point of view, so be fearless. Present every legal argument effectively and don’t be afraid to defend the client with the best ability you can.”
Nadir Sachak is an experienced and respected criminal lawyer in Toronto with an outstanding reputation as a trial advocate, is committed and devoted to his clients, and treats them with dignity, respect and integrity. Nadir is known for his exceptional ability to achieve desirable results as he completely devotes his efforts and time to the people he represents. Nadir practices in all areas of criminal law including homicides, drug offences, property crimes, fraud, domestics, sexual assaults and impaired driving. Learn about the importance of the preliminary inquiry and the different ways to approach it given the circumstances of the case.
Produced by: Zenia Sethna and Jason Cooper
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Appeals and Bail Pending Appeal with Lisa Jørgensen
November 26th, 2020 | Season 1 | 39 mins 47 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
Lisa discusses the time it takes to run an appeal as a practicing trial lawyer: “Appeals take so much time and when you’re in trial courts and tomorrow the judge wants to see the law, you’ve got to have the law done for tomorrow. So the appeals, they sit over your back shoulder and the transcripts seem to grow in size and you never get a chance to sit down with them. It is a massively time consuming thing because you’re looking at reading every word of what was said at the trial.”
Lisa Jørgensen maintains a busy trial and appellate practice, focused on criminal and constitutional litigation. She regularly appears in all levels of court in Ontario, as well as the Supreme Court of Canada and administrative tribunals. Lisa has experience defending professionals facing disciplinary proceedings, including allegations of sexual or financial misconduct. Lisa is also a director of the Criminal Lawyers’ Association, volunteers her time with pro bono litigation and education projects, and is committed to ensuring access to justice for all. Learn about Appeals and Lisa’s tips for lawyers who wish to practice in this area.
Produced by: Zenia Sethna and Jason Cooper
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Working with Vulnerable Clients with Jessyca Greenwood
November 25th, 2020 | Season 1 | 35 mins 10 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“What I’ve noticed is that in many cases, many trials, no one even says “Hi” to the accused. How does that person feel? It’s their trial!...It’s their day, this is very important to them. It may be the most important thing they do in their whole life - try to exonerate themselves.”
After exposure to the justice system, addictions, mental health issues and loss, Jessyca Greenwood quickly learned that without an advocate by people’s side, they were left defenceless. Jessyca has earned standing as a powerful defender of her clients and strongly believes in a presumption of innocence and the client’s right to have their voice heard. Jessyca has been fiercely guiding and defending clients facing allegations of wrongdoing for more than a decade. She has appeared before all levels of Court in Ontario and frequently as amicus curiae to assist persons without Counsel as a friend of the Court.
Produced by: Zenia Sethna and Jason Cooper
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Crown Pre-Trial and Judicial Pre-Trial with Roots Gadhia
November 18th, 2020 | Season 1 | 45 mins 30 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
“The idea of collecting evidence yourself: Many of our cases now are cases in which there is video surveillance, you need to understand how important that is. So, for example, your client says to you, “I couldn’t have been there because I was actually grocery shopping at the Metro at this location ,” – get the video from the Metro at that time!….Don’t ask the police to go find it for you because you’d be surprised at how things just disappear if you’re not on top of it.”
R. Roots Gadhia is a criminal defence lawyer in private practice in Toronto. Always an advocate for the underdog, Roots represents clients facing criminal proceedings ranging from drug offences, sexual and aggravated assaults to manslaughter and murder. Learn about Roots’ approach to a Crown Pre-Trial and Judicial Pre-Trial.
Produced by: Zenia Sethna and Jason Cooper
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Pre-Trial Motions with Nader Hasan
November 11th, 2020 | Season 1 | 42 mins 45 secs
appeal, appeals, canada, canadian law, case, court, crime, criminal, criminal defence, crown, defence, evidence, jury, jury trial, law, law school, lawyer, murder, police, project, prosecutor, stand, supreme court, toronto, trial, true crime, witness
Though factums are not always required: “My own preference is to always do a factum…As erudite as [Judges] may be, no one has every proposition of law at their fingertips. So just by doing a factum you are being helpful to the judge…In the vast majority of cases, [judges] are persuaded by the written argument, and oral argument makes a difference in a slim minority of cases. Armed with that knowledge, it is almost incumbent upon us to make sure that our written materials are really top notch in every single case.”
Nader Hasan practises criminal, regulatory and constitutional law at the trial and appellate levels. He defends clients accused of criminal misconduct in a variety of cases, including white collar crime (fraud, money laundering, foreign corruption), violent offences (homicide, terrorism, sexual assault), drug offences, and professional misconduct. Nader has been recognized by Best Lawyers magazine as one of Canada’s leading appellate lawyers. Learn more about Nader’s practice during Pre-Trial Motions and the tips he has to offer.
Produced by: Zenia Sethna and Jason Cooper