Daniel Brown Law LLP is thrilled to announce the addition of Maxime Bédard who joins us as an associate lawyer.

For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.

Daniel Brown Law LLP is thrilled to announce the addition of two lawyers to the firm. Samantha Bondoux and Robert Nanni have joined us as associates.

For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.

Are you a highly organized and detail-oriented individual with a passion for criminal law? Daniel Brown Law LLP, a Toronto-based law firm specializing in criminal trials and appeals is currently seeking a motivated and skilled Legal Assistant to join our team. As a Legal Assistant, you will play a crucial role in supporting our lawyers and ensuring the smooth operation of our legal practice. If you are looking for a dynamic work environment that offers the opportunity for professional growth and development, we encourage you to apply.

Job Title: Legal Assistant
Location: Downtown Toronto, Ontario
Employment Type: Full-time

Responsibilities:

1. Client Intake: Assist in the initial client intake process, gather essential information, and maintain accurate client records.
2. Scheduling: Manage lawyers’ calendars and schedule client meetings, court appearances, and other appointments efficiently.
3. Financial Support: Process client payments, track invoices, and facilitate timely payments for vendors and service providers.
4. Court Filings: Prepare, review, and manage court filings, ensuring compliance with all court rules and procedures.
5. Office Management: Oversee the inventory and ordering of office supplies, ensuring that the office is well-stocked and organized at all times.
6. Equipment Maintenance: Coordinate the maintenance and repair of office equipment to ensure smooth operations.
7. File Management: Organize and maintain legal documents, electronic files, and records for trial and appeal matters, ensuring they are readily accessible.
8. Trial and Appeal Support: Provide administrative support during trial and appellate proceedings, including preparation of trial binders and exhibits.
9. Communication: Maintain professional and effective communication with clients, court personnel, and external parties.

Qualifications:

• Education: Bachelor’s degree and/or law clerk or paralegal certification is preferred but not mandatory.
• Experience: Prior experience as a legal assistant or in a related legal support role is advantageous but we will consider candidates of all experience levels. The ideal candidate will have 0-5 years of related experience.
• Organizational Skills: Strong organizational skills and the ability to manage multiple tasks simultaneously are essential.
• Technological Skills:
• Attention to Detail: Keen eye for detail and accuracy when handling legal documents and correspondence.
• Communication: Excellent written and verbal communication skills to interact with clients and colleagues effectively.
• Technology Proficiency: Comfortable working with legal software, document management systems, Adobe Acrobat and MS Office Suite. Familiarity with the criminal court system, Legal Aid Online, and/or PCLaw is an asset.
• Confidentiality: Uphold the highest level of confidentiality and integrity when dealing with sensitive information.
• Adaptability: Ability to adapt to changing priorities and work well under pressure.
• Team Player: Collaborative and willing to assist colleagues when necessary.

Benefits:

• The expected salary range is $45,000-50,000 and includes a robust health benefits package
• Four weeks of paid vacation
• Opportunities for professional development and training
• Positive and inclusive work environment
• Chance to work and collaborate with experienced lawyers on diverse and challenging cases

How to Apply: If you are interested in this Legal Assistant position, please submit your resume and a cover letter detailing your relevant experience and why you believe you are the ideal candidate for the role. Email your application to Rylie Burns at [email protected]. While we appreciate the interest of all applicants, only those who are selected for an interview will be contacted.

We look forward to reviewing your application and welcoming a dedicated Legal Assistant to our team! Application deadline: August 14, 2023 and the expected start date is flexible but may commence as soon as September 1, 2023.

Note: The job responsibilities and qualifications mentioned above are intended to describe the general nature and level of work for this position. They are not an exhaustive list of all duties, responsibilities, and skills required. The successful candidate may be required to perform additional tasks as needed to meet the needs of the legal practice.

About Daniel Brown Law LLP

For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded. We regularly appear before courts across the province, the Court of Appeal for Ontario and the Supreme Court of Canada on complex, serious, and precedent-setting cases.

Forcible Confinement Lawyers Toronto – How to Defend Forcible Confinement Charges 

Forcible confinement is a serious offence under Canadian criminal law, and can result in severe legal consequences if convicted. In this blog post, we will explore the legal definition of forcible confinement, potential defences, the court process, and possible legal consequences if convicted of this offence.

A forcible confinement allegation may be accompanied by other charges including assault, sexual assault, uttering threats or mischief, especially in the context of a domestic dispute. It is not uncommon for an allegation of forcible confinement to be raised during a divorce and custody dispute because a criminal claim of this nature can typically assist a complainant with obtaining an advantage in family law proceedings. Allegations of forcible confinement can be challenging to defend because there are rarely other witnesses or physical evidence to support or refute the claim.

Our team of forcible confinement lawyers has successfully defended hundreds of domestic related allegations in all corners of Ontario. We regularly appear in courtrooms across the Greater Toronto Area in addition to the Toronto courthouses including Newmarket, Oshawa, Brampton, and Milton.

What is forcible confinement?

According to Canada’s Criminal Code, forcible confinement is defined as intentionally confining, imprisoning, or forcibly seizing another person without their lawful authority. This means that if someone intentionally restrains or confines another person against their will, they could be charged with forcible confinement.

What must the Crown Attorney prove to establish the crime of forcible confinement? 

In a forcible confinement case, the Crown must prove several elements of the offence beyond a reasonable doubt in order to secure a conviction. Specifically, the Crown must establish the following:

1. The accused intentionally confined, imprisoned, or forcibly seized another person without lawful authority;
2. The confinement was against the will of the victim;
3. The accused had the necessary intent to commit the offence, which means they acted purposefully or with knowledge that their actions would result in the confinement of the victim.

It is important to note that the Crown must prove all three elements of the offence beyond a reasonable doubt in order to secure a conviction. This means that the evidence presented must be sufficient to convince the judge or jury beyond a reasonable doubt that the accused is guilty of committing the crime.

If the Crown is unable to prove any one of these elements beyond a reasonable doubt, the accused may be acquitted of the offence. It is important to note that an accused person is presumed innocent until proven guilty, and it is the burden of the Crown to prove the case against them.

What are legal defences to forcible confinement?

It is important to note that there are certain legal defences available in cases of forcible confinement. For example, if the accused can demonstrate that they were acting in self-defence or in the defence of others, or that they had a reasonable belief that they had the lawful authority to confine the person, they may be able to avoid a conviction for forcible confinement.

It is also possible to argue that the complainant was not confined, the complainant was not a credible witness, gave consent to be confined or that the complainant misidentified the perpetrator of the allegation.

In terms of the court process, forcible confinement is considered a serious offence and will typically be prosecuted more vigorously by the prosecutor. The accused will have the right to a fair trial, which may include the calling of witnesses, cross-examination of the prosecutor’s witnesses, and the presentation of evidence and witnesses that undermine the allegation.

What are the legal consequences of a forcible confinement conviction?

If convicted of forcible confinement, the legal consequences can be severe. Under the Criminal Code, the maximum penalty for this offence when prosecuted by indictment is 10 years in prison. The maximum jail sentence is reduced to two years less a day when the case is prosecuted on summary conviction. It is important to note that this is the maximum penalty, and the actual sentence imposed will depend on a variety of factors, including the severity of the offence, the presence of aggravating or mitigating factors, and the offender’s criminal record and personal circumstances. In cases where the offence involves aggravating factors, such as the use of a weapon or threats of violence, or if the victim is a vulnerable person, such as a child or an older person, the sentence is likely to be more severe. Conversely, if the offender has no prior criminal record and is able to demonstrate remorse or other mitigating factors, the sentence may be more lenient. Ultimately, the decision on the appropriate sentence will be made by the judge, who will consider all relevant factors in the case before imposing a sentence.

Additionally, a conviction for forcible confinement can have long-lasting consequences, including a criminal record and difficulty obtaining employment or travelling internationally.

In conclusion, forcible confinement is a serious offence under Canadian criminal law that can result in significant legal consequences if convicted. If you are facing charges of forcible confinement, it is important to seek legal advice from a qualified criminal defence lawyer to understand your options and potential defences. Call the lawyers at Daniel Brown Law at (416) 297-7200 to consult with you about a forcible confinement allegation.

Daniel Brown Law LLP is thrilled to announce the addition of Teodora Pasca who joins us as an associate.

For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine,  we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.

Daniel Brown Law LLP, a Toronto-based boutique law firm specializing in criminal trials and appeals, is looking for an associate lawyer for our Toronto office.

About Daniel Brown Law LLP

For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded. We regularly appear before courts across the province, the Court of Appeal for Ontario and the Supreme Court of Canada on complex, serious, and precedent-setting cases.

Job description:

We are seeking an associate with a passion for criminal defence work to join our growing team of trial and appeal lawyers. The ideal candidate is a 0-5 year call, interested in managing and litigating their own assigned trial and appellate matters, as well as acting as second chair for all kinds of criminal cases.

We’re looking for a lawyer who thinks critically, works well with a team, and can effectively manage their time on a wide range of tasks. While prior criminal law experience is an asset, it’s not a mandatory requirement for the position.

The associate’s work assignments would include:

• Conducting initial consultations with clients to assess client goals and provide legal advice
• Representing clients throughout their case, including pre-trial negotiations and court preparation
• Drafting applications, factums, and other court documents
• Legal research
• Conducting bail hearings
• Arguing contested applications
• Representing clients at trial or appeals
• Legal writing including content for books, papers and articles

Daniel Brown Law takes mentorship seriously. In addition to working collaboratively on the firm’s files alongside senior lawyers, we will regularly meet to discuss emerging legal issues and trial strategy as well as professional development.  The chosen candidate will also get an opportunity to learn how to build all aspects of their criminal defence practice from the ground up.

We encourage applications from equity-seeking groups.

Compensation:

The salary range for this position will be commensurate with the applicant’s skills and experience, plus benefits, insurance, and Law Society fees. This position is eligible for annual salary review and the potential for both bonus and profit-sharing opportunities.

How to apply:

Apply by forwarding a cover letter, resumé, writing sample, transcripts, and two reference letters or the names of two referees to Daniel Brown at [email protected]. All applications will be held in confidence. Only those candidates selected for an interview will be contacted.

Application Deadline: May 20, 2022

Start date: Summer 2022 (though flexible)

Daniel Brown Law LLP is thrilled to announce the addition of two lawyers to the firm. Hilary Dudding has joined our team as a partner and James Bray has joined us as an associate.

For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine,  we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.

Daniel Brown Law LLP is excited to announce that Colleen McKeown, Andrew Bigioni and Lindsay Board have joined our partnership. We wish them all ongoing success as they continue their practices as partners in the firm.

For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine,  we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.

Defending Utter Threats Charges in Toronto

In Canada, it is important to understand that threatening someone, whether it be verbally or in writing, can result in serious consequences. In fact, uttering threats is considered a criminal offence under section 264.1 of the Canadian Criminal Code, and can result in fines, imprisonment, or both.

Quite often, allegations of uttering threats to cause bodily harm or death will arise out of a domestic dispute and also include other types of criminal charges including assault or mischief.  In these types of cases, a special approach is required which takes into account the future needs of the parties and the public interest in preserving family harmony. For more information on domestic assault cases, read here. 

Our lawyers have defended utter threats charges in all corners of the province and often appear in courts across the GTA in addition to the Toronto courthouses including Newmarket, Oshawa, Brampton, and Milton.

Daniel Brown is a criminal law specialist with extensive knowledge and experience defending against allegations of uttering threats. As such, he is often sought out by the media to comment on national and international stories on the subject. Daniel recently spoke with the Toronto Star about a high profile uttering threats case in the news.

• Toronto Star, Rehtaeh Parsons’ father says he received online death threat

The lawyers at Daniel Brown Law regularly defend allegations of uttering threats and threatening death or bodily harm.

Uttering threats charge carries with it serious consequences, including the potential for imprisonment. If you are facing charges of uttering threats, it is important to seek the guidance of an experienced criminal defence lawyer.

Those looking for specific advice on an utter threats charge should immediately consult with Daniel Brown Law at (416) 297-7200 to discuss your case. The following article provides some key points to keep in mind when it comes to defending against uttering threats charges:

Frequently asked questions about utter threats:

• What is the legal definition of uttering a threat?
• What if the threat isn’t said directly to the intended target, but to a third person?
• What is required to prove a threat in court?
• What if the recipient of the threat did not take the threat seriously?
• What if the threat was impossible to carry out?
• What are the consequences of an utter threats conviction?

What is the legal definition of a uttering a threat?

The definition of uttering threats is found in the Criminal Code at section 264.1. Generally anyone can be charged with uttering a threat if they utter, convey or cause any person to receive a threat:

(a) to cause death or bodily harm to any person;

(b) to burn, destroy or damage real or personal property; or

(c) to kill, poison or injure an animal or bird that is the property of any person

Under Canadian law, an utterance is defined as a spoken or written statement that conveys a threat to another person. In order to be convicted of uttering threats, the Crown must prove that you intended to cause the other person to fear for their safety or the safety of others.

What if the threat isn’t said directly to the intended target, but to a third person?

The accused need not utter the threat directly to the intended victim to be found guilty. The threat can be direct or indirect, and it can be made in any medium, including social media, email, or text message.  Furthermore, when the accused does not utter the threat directly but rather threatens to harm the intended victim to a third person, it is not a valid defence to argue that the accused did not intend that third person to communicate the threat to the intended victim for the crime to be established. Indeed, it is not even necessary for the intended victim to be aware of the threat in order to be found guilty of the offence.

What is required to prove a threat in court?

In Canada, the legal elements of an uttering threats charge are defined in section 264.1 of the Criminal Code. The Crown must prove each of the following elements beyond a reasonable doubt in order to secure a conviction for uttering threats:

The accused person made a threat: A threat can be spoken, written, or communicated in any other way that conveys a message that would cause a reasonable person to fear for their safety or the safety of others. The threat can be explicit or implicit, and can be conveyed in any medium, including social media, email, or text message.

The threat was made to another person: The threat must be directed towards a specific individual or individuals. The target of the threat does not necessarily need to be present at the time the threat was made, but the accused must have intended for the target to hear or receive the threat.

The accused person intended to cause the other person to fear for their safety or the safety of others: The Crown must prove that the accused intended for the threat to cause the other person to feel afraid. If the accused did not have the intention to cause fear, they may have a defence to the charges.

The threat was credible: The Crown must prove that the threat was credible, meaning that a reasonable person in the same circumstances as the alleged victim would have taken the threat seriously.

What if the recipient of the threat did not take the threat seriously?

When defending against uttering threats charges, it is important to consider the context in which the alleged threats were made. For example, if the threats were made during an argument or in the heat of the moment, this may suggest that you did not have the intention to cause fear. Alternatively, if the alleged threats were made in a more calculated or premeditated manner, this may be more difficult to defend against.

In law, all that is required is that the person making the threat intended the threat to be taken seriously. The fact that the person receiving the threat was not intimidated or scared does not constitute a defense to the charge of uttering threats.

What if the threat was impossible to carry out?

Even in a situation where the accused makes a threat he could not carry out i.e.: ” I will drop you from the top of the C.N. Tower”, he may still be found guilty of the offence. The central focus for the judge in deciding whether or not a threat was made will be on the maker’s intention when the words were uttered (was it meant to be taken seriously so as to produce a reaction of alarm or fear in the mind of the recipient) – not on the present ability to carry out the threat.

What are the consequences of an utter threats conviction?

If an individual is found guilty of an allegation of uttering threats in Canada, there can be serious legal consequences. Uttering threats is punishable by imprisonment, fines, or both.

The maximum penalty for uttering threats is five years imprisonment if the Crown prosecutes the offence by way of indictment. However, if the Crown prosecutes the offence by way of summary conviction, the maximum penalty is 18 months imprisonment. Additionally, fines may be imposed on top of any imprisonment sentence.

In addition to these legal consequences, a criminal record resulting from a conviction for uttering threats can have significant long-term consequences, including difficulty obtaining employment, housing, and traveling internationally. It can also impact an individual’s personal and professional relationships.

For individuals without criminal histories, the effect of a threatening bodily harm conviction on their livelihood, freedom, and future opportunities in life can be tremendous.

If you are facing charges of uttering threats, it is crucial to work with a criminal defence lawyer who has experience in this area of the law. Your lawyer can help you navigate the legal system, identify potential defences, and build a strong case on your behalf. They can also negotiate with the Crown prosecutor to seek a more favourable outcome, such as a reduced charge or sentence.

In conclusion, uttering threats is a serious criminal offence in Canada that can result in significant penalties. If you are facing charges of uttering threats, it is important to seek the guidance of an experienced criminal defence lawyer who can help you navigate the legal system and build a strong defence. With the right legal support, it is possible to successfully defend against uttering threats charges and protect your rights and freedoms under Canadian law.

It is also important to remember that every allegation of uttering threats is a fact specific inquiry.  Call Daniel Brown Law at (416) 297-7200 to arrange a consultation about your case.