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Boris Bytensky

Congratulations to Boris Bytensky: Thank You, Boris!

Congratulations to Boris Bytensky: Thank You, Boris! There are very few moments in a law firm’s history that feel both celebratory and bittersweet; Boris Bytensky’s appointment to the bench is one of them. While we are incredibly proud to see him begin this next chapter of public service, his departure ...
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Sonya Shikhman

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 ...
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Sonya Shikhman

“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 Bytensky Shikhman Barristers), Justice Harris concluded that two past rulings on the validity of “bail set not met” orders ...
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Sonya Shikhman

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 ...
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Sonya Shikhman

A Newmarket–Aurora MP’s bill aims to protect home‑invasion victims amid rising crime. Jerry speaks with Sonya Shikhman


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BUSINESS LAW

Bill C-16 and Parliament’s Proposed Changes to the Records Regime A Change That Raises More Questions Than Answers

When the federal government introduced Bill C-16 in December 2025, Justice Minister Sean Fraser called it “one of the most consequential reforms of the Criminal Code in a generation.”¹ Buried within its 200-plus pages is a provision that could fundamentally reshape how sexual assault trials are conducted in Canada; and ...
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Boris Bytensky

Boris Bytensky on Ford’s Bail Livestream Proposal: “Not a Realistic Proposal”

concerns
Boris Bytensky, a Toronto defence lawyer and the past president of the Criminal Lawyers’ Association, said Mr. Ford’s idea to livestream bail hearings was simply not feasible, and would be illegal under the federal Criminal Code.
“I am sure Premier Ford knows that the current state of our law would not ...
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BUSINESS LAW

When Young Engineers Build Weapons: Innovation, Regulation, and the Risk of Criminal Charges in Canada

Earlier this year, four twenty-something students and former students from Western University were arrested and charged with unlawful possession of explosives (among other charges). A YouTube video then surfaced from before the arrests, which appears to show some of these folks openly “pitching” their military technology startup. They told the ...
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BUSINESS LAW

The unthinkable has come to pass: How egregious use of force led to a stay of proceedings for three individuals charged with first-degree murder

Introduction “The unthinkable has come to pass.”[1] Those were the concluding remarks of Ontario Superior Court Justice Conlan J., in his reasons granting a stay of proceedings for three individuals charged with first-degree murder. Arising from events at Maplehurst Correctional Complex (“MCC”) in December of 2023, R. v Whitlock is ...
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Boris Bytensky

Mandatory minimum child pornography sentences unconstitutional, SCC rules

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Bail Hearings

Bail Hearing Show Cause Explained: How It Works in Ontario

When facing criminal charges in Ontario, understanding the bail process can mean the difference between awaiting trial at home or spending months in custody. Among the most critical aspects is the bail hearing, which involves a show cause proceeding, where the burden of proof determines whether an accused person remains ...
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DUI

Can You Travel with a DUI from Canada? What You Need to Know

If you have a DUI (Driving Under the Influence) conviction in Canada, you might be wondering how it affects your ability to travel internationally. Whether you’re planning a vacation, a business trip, or a family visit, understanding how a DUI conviction can impact travel is crucial. In this article, we’ll ...
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