On 1 September 2018, Michael A. Johnston submitted a memorandum to Parliament about Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, in particular on the proposed changes to jury selection procedures: Representativeness is, therefore, a shield for an accused person, not a […]
Michael A. Johnston published an article on the Government of Canada's proposed Bill C-75, titled "Challenging trial by jury without cause," in the 4 June 2018 edition of Law Times: Trial by jury is constitutionally entrenched in our criminal justice system, but more subtle is its critical role to our democracy. Jury nullification — the […]
Earlier today, Michael A. Johnston was interviewed on Ottawa Today with Mark Sutcliffe at 1310 News. Michael discussed the Supreme Court of Canada's recent decision in R. v. Jordan, which changed the rules governing a defendant's right to a trial within a "reasonable time" under subsection 11(b) of the Canadian Charter of Rights and Freedoms. Michael also discussed the Ontario […]
by Michael A. Johnston Being accused of a criminal offence has many indelible and irreversible aspects. Often, a criminal defendant is tried and convicted in the courts of public opinion before he or she has even made a first appearance, let alone made full answer and defence. What is worse is that even if a […]
Following the publication of his article in the Criminal Reports last week, Michael A. Johnston has been cited by the Toronto Star: "Ottawa lawyer Michael A. Johnston, in a paper published last week, argues that up 10 per cent of Canadians are being unfairly barred from jury duty because they have a criminal record. In Ontario, […]
Michael A. Johnston publishes his paper "Spare the Rod, Spoil the Code - The Unconstitutional Actions of the Supreme Court of Canada in Canadian Foundations for Children, Youth and the Law v Canada (Attorney General)" in the latest edition of the Defence Counsel Association of Ottawa's magazine, The Last Line (at 3:2 (Dec 2015) 12): "By analyzing the […]
by Michael A. Johnston Data from Statistics Canada shows that although the overall number of youth (including Aboriginal Youth) being held in pre-trial detention has decreased in the past few years, the percentage of aboriginal youth being held has increased dramatically.
by Michael A. Johnston We have a system of justice that purports to treat all people equally; Lady Justice is most often blind-folded, for that reason. However, even as an ideal, the concept of equality can have differing effects on differing people. A philosopher once quipped: "the law in its majestic equality forbids the rich as […]
Michael A. Johnston published his article "Should All the King’s Horses and All the King’s Men Put the Queen and Her Counsel Back Together Again" in the Criminal Lawyers' Association's magazine, For the Defence (at (2014) 35:3, 21): "In the Superior Court most of us wear wool robes in keeping with the wonderful tradition that if […]
Solomon Friedman and Michael A. Johnston's article "A Supreme Court that is Granting Power to the State, Not the Mann" has been published in the Criminal Law Quarterly (at 60 Crim. LQ 555 (2013-2014)): "... [R v Nedelcu and R v Aucoin] appear to revisit what was previously considered well settled law. Moreover, instead of providing clarity or further certainty in […]
