On September 10, 2019, Anil K. Kapoor is presenting at a special session of the American College of Trial Lawyers' popular trial advocacy program. This program is jointly hosted through The Advocates' Society. Leading litigators from both the Canadian and American bars will unite to share their mastery of trial advocacy. Further information and registration is available through The Advocates' Society.
On June 24, 2019, the Court of Appeal for Ontario released its decision in the matter of R v Passera, 2019 ONCA 527. The Appellant argued that the refusal to credit pre-sentence custody against eligibility for parole or other rehabilitative correctional measures was unconstitutional. The Court ultimately found this distinction to be constitutional.
Anil K. Kapoor and Ian B. Kasper acted on behalf of the CCLA, with Mr. Kasper presenting oral argument to the Court. Doherty JA, writing for the panel, complimented the written materials Mr. Kapoor and Mr. Kasper filed on the appeal (see paragraphs 82-83 of the judgment). You can read the full judgment here: R v Passera, 2019 ONCA 527.
In May 2019, Anil K. Kapoor presented at the Law Union of Ontario's conference "National Security: The Impact on Rights". Mr. Kapoor is a frequent presenter on national security issues. You can learn more about the Law Union of Ontario here.
On May 28 and 29, 2019, Ian B. Kasper argued a constitutional challenge to s. 278.94(3) of the Criminal Code, a recent enactment that provides standing to complainants on certain applications involved in a trial on charges of sexual assault. The constitutional challenge was covered by Christie Blatchford of the National Post. You can read her article covering oral argument here.
On May 28, 2019, Anil K. Kapoor and Dana Achtemichuk secured a new trial for a client on a number of serious domestic violence charges. The Court of Appeal for Ontario found that the trial judge failed to adequately instruct the jury on the complainant's prior consistent statements. You can read the judgment here: R v D.C., 2019 ONCA 442.
On May 15, 2019, Anil K. Kapoor and Dana Achtemichuk appeared on behalf of the Criminal Lawyers Association before the Supreme Court of Canada to present oral argument in the case of R v Javanmardi (SCC No. 38188). The accused was charged with manslaughter and criminal negligence causing death arising out of a naturopathic treatment she provided by injection to the deceased. She was acquitted at trial, but the Quebec Court of Appeal allows the appeal.
Mr. Kapoor and Ms. Achtemichuk intervened before the Supreme Court to provide submissions on the question of what acts qualify as "unlawful acts" to ground a manslaughter conviction. Judgment has been reserved.
Ian B. Kasper is pleased to announce that he has been admitted to the Legal Services Board of Nunavut. The Legal Services Board is responsible for providing legal aid services throughout the Territory, in part through the assistance of non-resident counsel. Mr. Kasper looks forward to contributing to the Northern bar and to providing quality representation to legally-aided clients in the Territory.
Mr. Kapoor is pleased to announce he will be teaching "Anti-Terrorism and the Criminal Law" during the Spring 2019 LLM session at Osgoode Hall Law School. Mr. Kapoor is a graduate of Osgoode Hall Law School and a frequent presenter on anti-terrorism issues. You can read the course description here.
On April 3, 2019, Ian B. Kasper successfully defended a Crown appeal against acquittal for a client who had been acquitted at trial of impaired driving causing death and driving while Over 80 causing death. The Court of Appeal for Ontario agreed that the acquittal in this case was inevitable and dismissed the Crown appeal. You can read the judgment here: R v Campbell, 2019 ONCA 258.
In March 2019, Anil K. Kapoor presented on litigating privilege claims at the National Judicial Institute. Mr. Kapoor presents frequently at judicial education conferences.
In January 2019, Anil K. Kapoor taught appellate advocacy at the in-house training for the Department of Justice (Canada). he is a frequent presenter at seminars related to appellate advocacy, appearing regularly in appellate courts across Canada, with numerous appearances as counsel before the Supreme Court of Canada.
In November 2018, Anil K. Kapoor presented at The Advocates' Society conference "Focus on Credibility". This program focused on the major credibility issues that drive trial preparation, trial presentation, and trial outcome.
On July 18, 2018, Anil K. Kapoor and Dana Achtemichuk secured a complete acquittal for a client convicted at trial of a number of very serious offences related to a home invasion robbery at gunpoint. The Court of Appeal agreed with Mr. Kapoor and Ms. Achtemichuk that the verdicts against the Appellant were unreasonable. You can read the judgment here.
We are pleased to announce that Ian B. Kasper has been selected as The Advocates Society representative on one of the planning committees for the New Toronto Courthouse. The Ministry of the Attorney General, in consultation with the Ontario Court of Justice, has developed a new justice participant committee structure to support the planning process leading up to the opening of both the bail centre and new courthouse in 2022. Ian will be sitting on the Trial Scheduling committee, a key planning committee in light of current concerns regarding undue delay following the Supreme Court of Canada's decision in R v Jordan, 2016 SCC 27. You can learn more about the New Toronto Courthouse here.
Today, the Supreme Court of Canada released its reasons in the appeal of R v Wong, 2018 SCC 25, in which it confirmed that a guilty plea may be set aside if the accused is not informed of legally relevant consequences of the plea (such as immigration consequences). Anil K. Kapoor and Ian B. Kasper intervened on behalf of the Canadian Civil Liberties Association in this appeal. The reasons of the Supreme Court are available here.