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The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with the justification of self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be gravely disabled or to be a danger to themself or to others.
Louise Arbour, is a Canadian lawyer, prosecutor and jurist.
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice. It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness."
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.
Michael J. Bryant is a Canadian lawyer and former politician. He was the CEO of Legal Aid BC from January 2022 to April 2024. Previously, he was executive director and general counsel for the Canadian Civil Liberties Association.
Edward Leonard Greenspan, was one of Canada's most famous defence lawyers, and a prolific author of legal volumes. His fame was owed to numerous high-profile clients and to his national exposure on the Canadian Broadcasting Corporation radio series Scales of Justice (1982–94).
John Wesley "Buzz" McClung was a historian, lawyer, jurist, and a judge of the Alberta Court of Appeal.
The Pan Am Flight 103 bombing trial began on 3 May 2000, more than 11 years after the destruction of Pan Am Flight 103 on 21 December 1988. The 36-week bench trial took place at a specially convened Scottish Court in the Netherlands set up under Scots law and held at a disused United States Air Force base called Camp Zeist near Utrecht.
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and several other peripheral statutes.
Imre Finta was the first person prosecuted under Canada's war crimes legislation. He was charged in 1987 and acquitted in 1990.
Edward Sapiano was a Canadian defence lawyer, based in Toronto, Ontario, notable for his role in many high-profile criminal cases. He initiated Canada's largest criminal investigation of police, resulting in the arrest and prosecution of several Toronto police officers and was also involved in the so-called Toronto 18 terrorism trial. Edward Sapiano is also noted for demanding immediate DNA testing of his client shortly following the 1996 arrest of the suspected "North York serial rapist", leading to his client Jeremy Foster's full vindication, despite a false confession to the crime. In his quest to get illegal guns off the street, Sapiano also created the only lawyer-operated gun amnesty program available in North America, Piece Options. He is also known for starting a database of rulings and judgements to track alleged misconduct among Toronto-area officers which was then retrievable for cross-examinations in other cases by other lawyers. Edward Sapiano, after putting his practice on hold for two and a half years due to kidney failure, returned to court in 2017 for the Andrea White murder trial. Edward died on March 21, 2020, from complications of kidney disease and was cited to be the first lawyer in Canada to practise while undergoing 10 hours of daily dialysis. He was regularly featured by media outlets, including The Globe and Mail, CBC, and the New York Times commenting on criminal law issues.
Robert Rotenberg is a Canadian criminal defence lawyer and writer, based in Toronto. He has worked as a criminal defence lawyer from the 1990s. As of March 1, 2024, he practices as part of the association of Rotenberg Shidlowski Jesin. Rotenberg's first novel, Old City Hall is an international best-seller. He has written six additional novels.
Alice Nkom is a Cameroonian lawyer, well known for her advocacy towards decriminalization of homosexuality in Cameroon. She studied law in Toulouse and has been a lawyer in Douala since 1969. At the age of 24, she was the first black French-speaking woman called to the bar in Cameroon.
Brian H. Greenspan, is a Canadian lawyer. He is one of the most prominent defence lawyers in Canada.
Michael Moldaver is a former Canadian judge. He was a puisne justice on the Supreme Court of Canada from his 2011 appointment by former Prime Minister Stephen Harper until his retirement in 2022. Before his elevation to the nation's top court, he served as a judge at the Ontario Superior Court of Justice and the Court of Appeal for Ontario for over 20 years. A former criminal lawyer, Moldaver is considered an expert in both Canadian criminal law and the Canadian Charter of Rights and Freedoms.
John Rosen is a Canadian criminal defence lawyer, who has defended murder trials in Ontario, and perhaps the most in Canadian history. He has defended some notorious criminals in Canadian history, including Paul Bernardo, Pat and Angelo Musitano, Min Chen, Paul Volpe, Johnny Papalia, Carmen Barillaro and Pietro Scarcella. He is a partner in the Toronto law firm of Rosen Naster LLP.
Marie Therese Henein, KC is a Canadian criminal defence lawyer. She is a partner of Henein Hutchison Robitaille LLP, a law firm in Toronto.
Michael Edelson is a Canadian criminal defence lawyer based in Ottawa, Ontario. He has represented numerous high-profile clients in Canada.
On December 1, 2018, Meng Wanzhou, the board deputy chairperson and daughter of the founder of the Chinese multinational technology corporation Huawei, was detained upon arrival at Vancouver International Airport by Canada Border Services Agency (CBSA) officers for questioning, which lasted three hours. The Royal Canadian Mounted Police subsequently arrested her on a provisional U.S. extradition request for fraud and conspiracy to commit fraud in order to circumvent U.S. sanctions against Iran. On January 28, 2019, the United States Department of Justice formally announced financial fraud charges against Meng. The first stage of the extradition hearing for Meng began Monday, January 20, 2020, and concluded on May 27, 2020, when the Supreme Court of British Columbia ordered the extradition to proceed.
References
- ↑ Robert Matas (2006-01-22). "Defence lawyer considered among the top in British Columbia". The Globe and Mail . Retrieved 2009-08-25.
- ↑ Will Matthews (2003-03-22). "DWLF Criminal Defence Lawyer: Famed Canadian Peter Ritchie" . Retrieved 2009-08-25.
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