by Daniel Brown | Apr 4, 2026 | Uncategorized
Welcoming Three New Lawyers to Daniel Brown Law
We’re proud to announce the newest members of our team at Daniel Brown Law: Jason Dos Santos, Ema Ibrakovic, and Thomas McCann. Each brings unique experience and expertise that will further strengthen our ability to deliver exceptional criminal defence to our clients.
Jason joins the firm as a Partner, bringing extensive courtroom experience and a proven record of defending complex criminal cases. Over the course of his career, he has appeared in more than one thousand criminal trials before both the Ontario Court of Justice and the Superior Court of Justice.
Jason has defended individuals charged with the most serious offences, including first-degree murder, organized crime, firearms and drug offences, sexual assault, domestic assault, and impaired driving. His strategic advocacy, combined with his steady presence in high-stakes litigation, makes him a formidable voice for his clients.
At Daniel Brown Law, Jason strengthens our trial practice and serves as a mentor to the next generation of defence lawyers, ensuring that every client benefits from his deep knowledge and sharp courtroom skills.
Learn more about Jason here.
Ema joins us as an Associate Lawyer, bringing with her a wealth of academic and practical experience. She has clerked at the Ontario Superior Court, the Court of Appeal for Ontario, and the Supreme Court of Canada, providing her with rare insight into judicial decision-making at every level of court.
Graduating as Valedictorian from the University of Toronto Faculty of Law, Ema excelled in competitive mooting, competing in the Gale Cup and Grand Moot, and later coached law students in appellate advocacy.
Her practice focuses on both trials and appeals, where she applies her appellate expertise and sharp analytical skills to develop strategic arguments. Clients benefit not only from her intellectual rigour, but also from her commitment to ensuring they feel heard and supported throughout the legal process.
Learn more about Ema here.
Thomas expands our litigation team as an Associate Lawyer, with experience on both sides of the courtroom. Before joining Daniel Brown Law, he worked as an Assistant Crown Attorney, prosecuting organized crime and serious drug cases. This perspective allows him to anticipate prosecutorial strategies and craft defence approaches that are proactive and effective.
A graduate of Osgoode Hall Law School, Thomas was a leader in the criminal law division of the school’s legal clinic, where he represented vulnerable clients. Since then, he has conducted jury trials, preliminary inquiries, constitutional challenges, and bail hearings, giving him wide-ranging experience across the criminal law spectrum.
Thomas is passionate about guiding clients through the justice system with skill and compassion, ensuring they are fully supported at every stage of their case.
Learn more about Thomas here.
Strengthening Our Team for Our Clients
At Daniel Brown Law, we know that every client’s case deserves both skill and dedication. With Jason, Ema, and Thomas joining our team, we’ve expanded our depth of trial and appellate experience, enhanced our strategic insight, and reinforced our commitment to client care.
Please join us in welcoming these three outstanding lawyers to the firm. We look forward to the contributions they will make to our clients and to the broader legal community.
About Daniel Brown Law
For nearly two decades, we have represented both organizations and individuals in criminal litigation at trial and on appeal. Our firm has consistently been recognized as one of Canada’s top criminal law boutiques by Canadian Lawyer Magazine and nationally ranked among the country’s best criminal defence firms by Best Lawyers. We remain committed to delivering superior advice and advocacy, guided by the same innovation and dedication on which our firm was founded. Our lawyers regularly appear before trial courts across Ontario, the Court of Appeal for Ontario, and the Supreme Court of Canada in complex, serious, and precedent-setting cases.
by Daniel Brown | Apr 4, 2026 | Uncategorized
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.
Colleen practices criminal and constitutional law with a focus on criminal appeals. She has argued appeals at all levels of court in Ontario and has appeared at the Supreme Court on behalf of the Criminal Lawyers’ Association in in R. v. Morrison, R. v. Goldfinch, and R. v. K.G.K. Colleen also argues complex trial motions, has acted as counsel at a Coroner’s Inquest, and has supported the work of a Canadian Judicial Council committee as its research lawyer. She is currently an Adjunct Professor at the University of Toronto Faculty of Law. Before joining Daniel Brown Law, she clerked at the Court of Appeal for Ontario. Learn more about Colleen here.
Andrew practices criminal and constitutional law at Daniel Brown Law. He regularly appears at all levels of court in Ontario and assists clients both at trial and on appeal. Andrew’s practice focuses on Charter litigation and the defence of complex sexual offences and large-scale drug matters. He is a former board member of the Criminal Lawyers’ Association and is regularly consulted by the media to speak on cases of public importance. Prior to joining Daniel Brown Law, Andrew was in private practice alongside some of Canada’s leading criminal litigators. Learn more about Andrew here.
Lindsay practices criminal and constitutional law at Daniel Brown Law. She regularly appears at all levels of court in Ontario and at the Supreme Court of Canada. Her practice focuses on complex, serious charges with significant reputational consequences for her clients, with a particular focus on sexual offences. Before joining the team at Daniel Brown Law, she practiced civil, regulatory, and criminal law at a top Toronto litigation boutique and clerked for the Court of Appeal for Ontario. Lindsay is an adjunct professor at Queen’s University Faculty of Law and is a frequent conference panelist regarding criminal law issues. She also provides regular commentary to media outlets on cases of public importance. Learn more about Lindsay here.
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.
by Daniel Brown | Apr 4, 2026 | Uncategorized
This article attempts to clarify to what extent parents or teachers can physically discipline children under their care.
Section 43 of the Criminal Code of Canada, enacted in 1892, provides parents, teachers and caregivers — including babysitters and foster parents — a defence to an assault allegation when they use corporal punishment as “reasonable force” to discipline children.
Section 43 contemplates four elements which must be present if the disciplining is to be justified:
(a) a certain relation between the discipliner and the child;
(b) the force used must be used for the purpose of correction;
(c) the child must be under the care of the discipliner when the force is used; and
(d) the force must not “exceed what is reasonable under the circumstances” (more…)
by Daniel Brown | Nov 28, 2025 | Uncategorized
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 for a 15 month contract position beginning in January 2026 which has the potential to become a permanent position. In this position, 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:
- Client Intake: Assist in the initial client intake process, gather essential information, and maintain accurate client records.
- Scheduling: Manage lawyers’ calendars and schedule client meetings, court appearances, and other appointments efficiently.
- Financial Support: Process client payments, track invoices, and facilitate timely payments for vendors and service providers.
- Court Filings: Prepare, review, and manage court filings, ensuring compliance with all court rules and procedures.
- Office Management: Oversee the inventory and ordering of office supplies, ensuring that the office is well-stocked and organized at all times.
- Equipment Maintenance: Coordinate the maintenance and repair of office equipment to ensure smooth operations.
- File Management: Organize and maintain legal documents, electronic files, and records for trial and appeal matters, ensuring they are readily accessible.
- Trial and Appeal Support: Provide administrative support during trial and appellate proceedings, including preparation of trial binders and exhibits.
- 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.
- Organizational Skills: Strong organizational skills and the ability to manage multiple tasks simultaneously are essential.
- 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 $60,000-65,000 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: December 19, 2025 and the expected start date is flexible but may commence as soon as early January 2026.
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, we have represented both organizations and individuals in criminal litigation at trial and on appeal. Our firm has consistently been recognized as one of Canada’s top criminal law boutiques by Canadian Lawyer Magazine and nationally ranked among the country’s best criminal defence firms by Best Lawyers and the Globe and Mail. We remain committed to delivering superior advice and advocacy, guided by the same innovation and dedication on which our firm was founded. Our lawyers regularly appear before trial courts across Ontario, the Court of Appeal for Ontario, and the Supreme Court of Canada in complex, serious, and precedent-setting cases.
by Daniel Brown | Oct 24, 2025 | Uncategorized
🚨 Charged with Drug Trafficking in Toronto? Your Expert Defence Starts with Daniel Brown Law
Being charged with drug trafficking in Toronto is one of the most frightening and life-altering experiences a person can face. In an instant, your reputation, freedom, and future are at risk. It’s easy to feel powerless — but you are not without options. Small mistakes in police conduct, search warrants, or surveillance can lead to major breakthroughs in your defence. The reality is that the strength of a drug prosecution often depends less on the drugs themselves and more on how the police obtained them.
At Daniel Brown Law, our Toronto criminal defence lawyers have earned a national reputation for uncovering unlawful police actions and winning complex drug prosecutions. Named one of Canada’s Top Criminal Law Boutiques by Canadian Lawyer Magazine and consistently recognized by Best Lawyers in Canada, we are trusted across Ontario to handle the most serious drug offences — including trafficking, importation, and possession for the purpose of trafficking.
“What do you call a drug case without a Charter argument? A conviction.”
— Common saying among Canada’s top criminal defence lawyers
Before making any decisions, it’s crucial to understand the legal landscape — and the defences available to you. Below are five essential truths about defending drug trafficking charges in Ontario.
⚖️ Challenging the Police Investigation: The Foundation of a Successful Defence
Every drug trafficking defence begins with one critical question: Did the police follow the law?
In Canada, police must comply with the Canadian Charter of Rights and Freedoms when conducting surveillance, searches, and arrests. Drug investigations — especially those involving wiretaps, search warrants, and undercover operations — often create opportunities for Charter challenges.
If police exceeded their authority, the evidence they found can be excluded from court, leading to withdrawn or dismissed charges.
Key Rights Examined by Your Toronto Drug Trafficking Lawyer
Every police investigation in Canada must be conducted in strict compliance with the Canadian Charter of Rights and Freedoms. Drug cases, which often arise from intense police surveillance, searches, and detentions, are particularly rich ground for Charter challenges. When police officers make mistakes or overstep their authority, the evidence they find can be thrown out of court.
Two of the most crucial rights in a drug trafficking case are Section 8 and Section 9 of the Canadian Charter of Rights and Freedoms.
Section 8 — The Right Against Unreasonable Search and Seizure
This section protects your privacy. Police usually need a warrant, based on reasonable and probable grounds, to search you, your home, or your car. Warrantless searches are presumptively unreasonable and unlawful.
Section 9 — The Right Against Arbitrary Detention
The police cannot stop or detain you without a legally valid reason. They are not allowed to act on a hunch or engage in a “fishing expedition.” If your detention was unlawful, any evidence discovered as a result may be inadmissible.
If a judge finds that the police violated your constitutional rights in finding the drugs, the evidence can be excluded from your trial. Without the drugs, there is no case, and the charges are typically withdrawn or dismissed.
The Daniel Brown Law Advantage:
Our lawyers are known for meticulous Charter applications. We dig into every detail of the investigation — from wiretap authorizations to search warrants — to expose police overreach and protect your rights.
🎯 Understanding the Charges: Trafficking vs. Possession for the Purpose (P4P)
Under the Controlled Drugs and Substances Act (CDSA), the Crown may lay one or both of the following serious charges.
1) The Broad Definition of “Trafficking”
The first surprise for many people is that the legal definition of “trafficking” under Canada’s Controlled Drugs and Substances Act (CDSA) is far broader than simply selling drugs for money. According to section 2(1) of the CDSA, trafficking includes any act of giving, transferring, transporting, sending, or delivering a controlled substance. You do not have to receive money or anything of value to be found guilty. Simply giving a controlled substance to another person, or transporting it for them, legally constitutes trafficking. Most shockingly, the law states that a mere offer to do any of those things is also considered trafficking. This is true even if no drugs are ever produced and no money ever changes hands. An agreement made in a text message or a conversation can be enough for the Crown to lay a trafficking charge. This broad definition catches many people unaware — exposing them to the possibility of imprisonment for conduct that might have seemed harmless or misunderstood. Because penalties for Schedule I substances (cocaine, fentanyl, heroin) can reach life imprisonment, experienced representation is critical. Learn more in our Drug Trafficking (Toronto) legal commentary.
2) Possession for the Purpose of Trafficking (P4P)
A related and very common charge is “Possession for the Purpose of Trafficking” (P4P), outlined in section 5(2) of the CDSA.
For a P4P charge, the Crown doesn’t need to prove a drug transaction occurred. Instead, they must show:
- You possessed a controlled substance; and
- You intended to traffic it.
Since it’s impossible to know what someone was thinking, the Crown builds its case for “intent” using circumstantial evidence. An expert defence lawyer scrutinizes this evidence, which often includes:
- The quantity of the drugs (an amount considered greater than what would be for personal use).
- How the drugs are packaged (for example, divided into numerous small baggies for individual sale).
- The presence of large amounts of cash, particularly if it’s bundled in a manner consistent with drug sales.
- The presence of drug paraphernalia associated with selling, such as digital scales, packaging materials, or debt lists (“score sheets”).
These items, found together, can be used to construct a powerful narrative that your possession was for the purpose of selling, even if there is no direct evidence of a single transaction. A skilled Toronto drug lawyer challenges these assumptions, demonstrating that the evidence may equally support personal use, proximity, or lack of intent.
Learn more about other related charges including Drug Importation and Weapons Charges as well as our Drug Possession & P4P overview.
🏛️ Sentencing: Why Your Alleged Role Matters
When it comes to sentencing, not all trafficking cases are treated alike. Canadian courts view drug operations as a hierarchy and the potential penalty you face is heavily influenced by where the prosecution alleges you fall within that structure.
Five general categories of participants in the drug trade include:
- Street-level seller
- Street-level supplier
- Supplier to street-level suppliers
- Distributor to suppliers
- Importer to distributors
Your legal jeopardy changes dramatically depending on your alleged role. For example, a person caught transporting multiple kilograms of a drug as a courier may face a less severe sentence than a street-level supplier who manages and profits from the operation, even though the quantity of drugs involved was much smaller. An experienced defence lawyer will challenge the Crown’s characterization of your role and ensure the court has a true and complete picture of the circumstances.
At Daniel Brown Law, we have successfully reduced charges and penalties by exposing exaggerated claims about a client’s role or intent. We know how to present mitigating evidence and advocate for proportionate outcomes ensuring the court sees your involvement accurately and fairly. Where appropriate, we pursue charge reductions, withdrawals, or non-custodial sentences.
Conclusion: What to Do Next
The law surrounding drug trafficking is complex: the definition of the offence is surprisingly wide, your specific role in the alleged events is a critical factor, and the penalties are severe. Above all, the legality of the police investigation is the foundation upon which the entire prosecution rests.
A drug trafficking charge is not just about the evidence the Crown has against you; it’s about the entire story of how that evidence was gathered. The critical question you must now ask is: Was every step of that story legal? Answering that question requires immediate help from an experienced criminal defence lawyer.
🧠 How Daniel Brown Law Builds Powerful Drug Defences
When your freedom is at stake, you need a defence team that combines legal excellence with courtroom tenacity. That’s where Daniel Brown Law stands apart.
Our Toronto drug trafficking lawyers are recognized leaders in criminal law, with decades of combined experience defending complex drug prosecutions across Ontario. We approach every case with precision and purpose.
Our Proven Defence Strategies Include:
- Challenging illegal searches, wiretaps, and surveillance
- Exposing unreliable confidential informants
- Contesting forensic analysis and drug purity testing
- Arguing entrapment or abuse of process
- Negotiating charge reductions or pre-trial withdrawals
We don’t wait for the Crown’s next move — we anticipate it. Our defence begins the moment you contact us.
Explore our broader Drug Offences practice area and related defences across our Appeals and Sexual Assault Defence pages to understand our courtroom approach in high-stakes cases.
🏆 Why Clients Choose Daniel Brown Law
When your reputation, career, and future are at risk, you deserve more than just representation — you deserve results.
- Nationally Recognized: Named one of Canada’s Top Criminal Law Boutiques by Canadian Lawyer Magazine.
- Award-Winning Lawyers: Listed in Best Lawyers in Canada for Criminal Defence year after year.
- Trusted by the Profession: Other lawyers and journalists turn to Daniel Brown and Mark Halfyard for insight on criminal law and constitutional litigation.
- Proven Success in Drug Cases: From dismissed charges to acquittals, our track record speaks for itself.
- Client-Focused Advocacy: We treat every client with dignity, discretion, and unwavering commitment.
When your freedom is on the line, you need the defence team that prosecutors respect and judges recognize. You need Daniel Brown Law.
❓ Drug Trafficking in Toronto — Frequently Asked Questions
1) Should I talk to the police if I’m being investigated for drug trafficking?
No. Exercise your right to silence and ask to speak with a lawyer. Anything you say can be used against you.
2) Can the police search my car or phone without a warrant?
It depends on the circumstances. Warrantless searches are presumptively unreasonable. We review the search closely and may apply to exclude the evidence.
3) What is “possession for the purpose of trafficking” (P4P)?
The Crown must prove possession and an intent to traffic, often using circumstantial indicators like quantity, packaging, cash, or scales. These can be challenged.
4) I was just a courier. Does that change sentencing?
Role matters. Couriers can face different sentencing ranges than organizers. We work to establish your true level of involvement and seek proportionate outcomes.
5) Will I go to jail for a first offence?
Penalties vary with the substance, quantity, role, and the strength of the evidence. Outcomes range from withdrawals or reductions to non-custodial sentences and jail.
6) How soon should I hire a lawyer?
Immediately. Early intervention lets us protect your rights, gather defence evidence, and start challenging the Crown’s case right away.
📞 Speak to a Toronto Drug Trafficking Lawyer Today
A drug trafficking charge isn’t just about what the Crown claims to have found — it’s about whether every step the police took was legal. The sooner you involve a Toronto criminal defence lawyer, the better your chances of success. Do not speak to police before speaking to us.
Contact Daniel Brown Law immediately for a confidential consultation to review your case, challenge the police investigation, and begin building your defence.
Book a Confidential Consultation
Phone: (416) 297-7200
Office: Daniel Brown Law, 400–103 Church St., Toronto, ON M5C 2G3
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he Supreme Court of Canada released their ruling in 
Conditional sentencing, introduced in Canada in September 1996, allows for sentences of imprisonment to be served in the community, rather than in a correctional facility. Conditional sentences normally include a period of house arrest but may also include graduated restrictions including curfew and residence requirements, in order to allow those bound by a conditional sentence to work or attend school where appropriate.