Garofoli Step 6 and the Growing Culture of Secrecy in Canadian Criminal Law
Garofoli Step Six and the Growing Culture of Secrecy in Canadian Criminal Law Part I: Garofoli Step Six Introduction There is a creeping culture of secrecy among police officers and Crown prosecutors. Anyone who cares about the long-term preservation of a free society should pay attention. This is the first in a series of blog […]
“Bail set not met” and the ladder principle in reverse onus situations: Two important changes arising from R. v. A.K., 2026 ONSC 2262
Introduction “Bail set not met” is alive and well. In R. v. A.K., 2026 ONSC 2262 (unreported), a recent ruling from the Ontario Superior Court (argued by Boris Bytensky, partner at Shikhman Barristers), Justice Harris concluded that two past rulings on the validity of “bail set not met” orders were “wrongly decided” and should not […]
The Presumption of Innocence is Being Eroded by Procedure:
The Presumption of Innocence is Being Eroded by Procedure: Last week, the Ontario Court of Appeal released its decision in R. v. Allred. The court resolved a singular issue that has divided trial courts across Ontario for decades: where should an in-custody accused sit during their trial – the prisoner’s box or counsel table?[1] In […]
A Newmarket–Aurora MP’s bill aims to protect home‑invasion victims amid rising crime. Jerry speaks with Sonya Shikhman