Not criminally responsible ruling misunderstood: Gadhia

TORONTO — It’s “unfortunate” that some in the general public think a woman found not criminally responsible (NCR) for fatally stabbing a stranger “got off on a technicality” because that’s not the case, says Toronto criminal lawyer Roots Gadhia. Justice John McMahon ruled that the woman, who pleaded not guilty to first-degree murder, suffered from […]

Practice directives not the answer to fix court delays: Gadhia

New practice directives from the Superior Court of Justice that aim to make criminal proceedings more efficient indicate the courts continue to take the timelines set out in R. v. Jordan seriously, Toronto criminal lawyer Roots Gadhia tells The Lawyers Daily. “There seems to be a lot more concern in the courts that somehow all […]

OCA decision on woman’s right to lawyer breach a ‘proper’ ruling

TORONTO – Police violated the rights of a woman convicted of a drug offence by arbitrarily detaining her and failing to advise her of her right to a lawyer, Ontario’s top court ruled Wednesday. As a result, the court quashed the conviction against Angel Daley, who was arrested in Sarnia, Ont., after finding that the […]

Policy against police lying in court a welcome first step

A new policy that will require Crown attorneys to report cases where they believe police officers have lied under oath is a positive first step in recognizing a problem exists, says Toronto criminal lawyer Roots Gadhia. “Perhaps in time officers and Crowns alike will understand that if police officers stick to the rules that exist […]

Police, mental health leaders begin framework

TORONTO – The beginnings of a national framework to train police on how to best deal with the mentally ill emerged Wednesday from the country’s first collaborative dialogue on the issue. Law enforcement officials, people who live with mental illness and advocates gathered in Toronto over the last three days to discuss what could be […]

Ontario bail system in need of serious repair: Gadhia

By Peter Small, Contributor After a brief period of reform, bail courts are reverting to their overly restrictive ways, says Toronto criminal lawyer Roots Gadhia. “We are now creating a system by which individuals are being held for longer periods in detention facilities without even having an opportunity at a bail hearing,” says Gadhia, […]

Overcrowded courts a problem here to stay: Gadhia

By Staff Despite the construction of a new courthouse in the downtown core of Canada’s largest city, the challenges associated with the lack of available space for proceedings will only get worse over time in areas around the municipality, Toronto criminal lawyer Roots Gadhia tells The Lawyer’s Daily. Gadhia, principal of R. Roots Gadhia […]

Police contact cards highlight racial trend

Toronto criminal lawyer Roots Gadhia says it’s a disturbing trend and a serious problem in need of more discussion that contact card data reveals how police in the country’s largest city stop and question a larger proportion of people with black and brown skin. “It’s unfortunate that police still don’t have the understanding to acknowledge […]

Peel police retraction points to a breach of public trust

News that Peel Regional Police have retracted their earlier statement about the circumstances surrounding a lawyer’s arrest at a Brampton courthouse is alarming and shows a breach of the public trust, says Toronto criminal lawyer Roots Gadhia. “There is an expectation that the police tell the truth to the public and we hope that the […]

SCC decision lauded, forces officers to write independent notes

Toronto criminal lawyer Roots Gadhia says the Supreme Court decision that police shouldn’t be allowed legal advice prior to handing in their notes recognizes the importance of independent recollection of incidents involving the public. “Police officers under the Police Services Act are required to take good notes as an incident transpires or just after it […]

SCC narrows scope of Mr. Big sting confessions

OTTAWA – The Supreme Court of Canada has ruled that confessions extracted through so-called Mr. Big police sting operations must be regulated more carefully in order to be admissible in court. The ruling came today in the case of a Newfoundland man who was initially convicted in the first-degree murder of his three-year-old twin daughters. […]

SCC ruling a win for citizens’ privacy rights

Toronto criminal lawyer Roots Gadhia says Canadians should be relieved that the country’s highest court has affirmed citizens’ privacy rights by ruling that police need a warrant to get information from Internet service providers about their subscribers’ identities. “I think Canadians should be thrilled that the Supreme Court of Canada has come down and said […]