Author Archives: Anita Szigeti

https://www.ontariocourts.ca/decisions/2021/2021ONCA0244.htm The Court’s Analysis, in pertinent part, includes these excerpted paragraphs: [37]       Contrary to the Crown’s argument, there is no legal requirement on the Board to consider the request for a boundary condition. I agree with counsel for Mr. Gajewski … Continue reading →

The Court Clarifies the Effect of Restriction of Liberty Decisions at the ORB & Gives Guidance on How to Adjudicate the Thorny Issue of Statutory Interpretation of the Mental Health Act Read the Article in Law Times here: https://www.lawtimesnews.com/practice-areas/litigation/ontario-court-of-appeal-clarifies-law-on-one-of-ontario-review-boards-most-litigated-issues-lawyer/354963 By … Continue reading →

We are super lucky to have three extraordinary guests for our “Who’re you gonna call – when your client is in crisis??” A rare unique LAMDA AMA (Ask Me Anything) Our featured speakers are: Defence counsel extraordinary Stephanie DiGiuseppe & … Continue reading →

https://www.ontariocourts.ca/decisions/2021/2021ONCA0230.htm On the operation of the Mental Health Act in relation to conditional discharges vs. detention orders, the Court has said the following, in pertinent part: [34]       The issue of the extent to which the Mental Health Act provisions may … Continue reading →

https://ici.radio-canada.ca/amp/1783654/non-responsabilite-criminelle-insanite-soins-psychiatriques-prison-droit-justice Ces accusés qui refusent de passer des tests psychiatriques en vue de leur procès Publié le dimanche 11 avril 2021 à 6 h 30 Une situation inusitée qui peut ouvrir la voie à des incarcérations injustes ou inutiles La cause concerne … Continue reading →

This article was first published in the Lawyer’s Daily on April 8 2021 By John Schofield Here: https://www.thelawyersdaily.ca/articles/25844/appeal-court-ruling-on-video-hearings-could-impact-courts-during-pandemic-says-lawyer Appeal Court ruling on video hearings could impact courts during pandemic, says lawyer Thursday, April 08, 2021 @ 9:03 AM | By … Continue reading →

On March 29, 2021, the Ontario Court of Appeal released its Judgment in two cases, heard together, a Crown appeal from the November 23, 2020 Certiorari Ruling of Justice Patrick Monahan in the SCJ and an appeal taken by Joanne … Continue reading →

I wrote this paper in anticipation of changes to the Mental Health Act more than 20 years ago. It was first presented at a conference in November of 2000. It was updated regularly since then including in 2007 when I … Continue reading →

LAMDA is now able to provide a link to the Session on Zoom Advocacy we co-hosted with Crown Law Criminal on January 28, 2021. We can only provide the link to members of specific defence counsel advocacy groups. Particulars are … Continue reading →

A very important decision argued by my associate Maya Kotob, clarifying the test for ‘significant threat’ in relation to the Ontario Review Board. https://www.ontariocourts.ca/decisions/2021/2021ONCA0130.htm The passages on substantive test for significant risk are reproduced below: [39]       The evidence pertaining to … Continue reading →