Criminal Law
Selwyn has provided representation to persons charged with various criminal offenses including Drugs: Selling and Possessing, Shoplifting, Serious Offences of Violence: Aggravated Assault, Assault with a Weapon and Robbery, Gun Offences, sexual assault, robbery, theft, extortion, HIV/AIDS litigation; fraud, break & enter, attempted murder, murder, regulatory offences under the Occupational Health and Safety Act, professional disciplinary offences, and conspiracy offences.
Selwyn has also been involved in major gang trials including representing urban youths charged in "Project Green Apple", "Project XXX" and "Project Kryptic", which are some of Canada's largest Criminal Organization prosecutions. Selwyn is currently counsel for an accused in "Project Feline" and Project Revival" drug sting operations.
Selwyn was co-counsel in the world's first-ever sexual HIV transmission murder trial of Johnson Aziga in Hamilton, Ontario. Mr. Aziga is charged with two counts of first degree murder and thirteen counts of aggravated assault.
Selwyn is also representing Oriel Varga, Executive Director of APUS charged as a result of a demonstration at U of T.
Selwyn is a member of Legal Aid Ontario Criminal Panel and the Extremely Serious Criminal Matters Panel.
Selwyn has also successfully challenged police scripting of persons arrested under questionable circumstances.
Selwyn has numerous reported cases in crucial areas of the criminal litigation process including:
• Bail hearings (released on recognizance, judicial interim release or detention order issued)
R. v. Egonu; 2006 CarswellOnt 7470; Ontario Superior Court of Justice; August 10, 2006; Docket: None given.; Subject: Criminal; Criminal law --- Pre-trial procedure -- Review of release orders -- Review of order of justice of peace -- Factors considered.; Criminal law --- Pre-trial procedure -- Review of release orders -- Review of order of judge of superior court.
R. v. Egonu; 2006 CarswellOnt 7436; Ontario Superior Court of Justice; May 4, 2006; Docket: None given.; Subject: Criminal; Criminal law --- Pre-trial procedure -- Arrest of accused on interim release -- Effect on surety.
R. v. S. (A.); 2008 CarswellOnt 2666; Ontario Court of Justice; May 1, 2008; Docket: None given.; Subject: Criminal; Criminal law --- Pre-trial procedure -- Release by justice of peace -- Show cause hearing -- Reasons for detention -- Safety of public.
R. v. Varga; 2008 CarswellOnt 2697; Ontario Court of Justice; April 26, 2008; Docket: None given.; Subject: Criminal; Criminal law.
R. v. Potter; 2008 CarswellOnt 3558; Ontario Court of Justice; March 13, 2008; Docket: None given.; Subject: Criminal; Criminal law --- Pre-trial procedure -- Release by justice of peace -- Show cause hearing -- Reasons for detention -- Miscellaneous
R. v. Potter; 2008 CarswellOnt 2874; Ontario Superior Court of Justice; April 17, 2008; Docket: None given.; Subject: Criminal; Criminal law.
R. v. Steele; 2008 CarswellOnt 2040; Ontario Superior Court of Justice; March 7, 2008; Docket: Hamilton CR-08-1437; Subject: Criminal; Criminal law --- Pre-trial procedure -- Review of release orders -- Review of order of justice of peace -- Factors considered
R. v. Steele; 2008 CarswellOnt 1221; Ontario Superior Court of Justice; February 5, 2008; Docket: Hamilton 07-9735; Subject: Criminal; Criminal law --- Pre-trial procedure -- Release by judge of superior court -- Show cause hearing -- Reasons for detention -- General principles.; Criminal law --- Pre-trial procedure -- Release by judge of superior court -- Show cause hearing -- Reasons for detention -- Public interest or safety of public.
R. v. Steele; 2008 CarswellOnt 1215; Ontario Superior Court of Justice; February 5, 2008; Docket: Hamilton 07-9735; Subject: Criminal; Criminal law --- Pre-trial procedure -- Type of release orders -- Release on recognizance -- With surety -- Miscellaneous.
R. v. Cox; 2005 CarswellOnt 6313; Ontario Court of Justice; July 29, 2005; Docket: None given.; Subject: Criminal; Criminal law.
• Preliminary Inquiry - before a Judge of the Ontario Court of Justice
R. v. Murle; 2007 CarswellOnt 7772; Ontario Court of Justice; November 5, 2007; Docket: None given.; Subject: Criminal; Criminal law --- Pre-trial procedure -- Preliminary inquiry -- Committal for trial or discharge -- Test for committal -- Evidence upon which jury properly instructed could convict.
• Charter Applications - to suppress evidence; to stay prosecution for abuse of process; or for not bringing matter to trial within a reasonable time or any number of other charter violations. The common Charter applications include
S. 8: Motor Vehicle Stops and Searches
• power to stop
• pretext stops
• power to search
• smell of marihuana and vehicle searches
• searches incidental to arrest
• investigative detention
• reasonable grounds to suspect
• impaired driving and breathalyzer demands
R. v. Egonu, 2007 CanLII 30475 (ON S.C.); 74 W.C.B. (2d) 521; Ontario Superior Court of Justice; July 31, 2007; Docket: CRIMJ(P)1721/07; Subject: Criminal; Constitutional; Public; Criminal law --- Charter of Rights and Freedoms -- Unreasonable search and seizure [s. 8] -- Authorized by law.; Criminal law --- Charter of Rights and Freedoms -- Unreasonable search and seizure [s. 8] -- Reasonable grounds.; Criminal law --- Charter of Rights and Freedoms -- Arbitrary detention or imprisonment [s. 9].; Criminal law --- Charter of Rights and Freedoms -- Arrest or detention [s. 10] -- Right to counsel [s. 10(b)] -- Right to retain and instruct counsel without delay.; Criminal law --- Charter of Rights and Freedoms -- Charter remedies [s. 24] -- Exclusion of evidence.
S. 8: Search of Premises
• search warrants
R. v. Egonu; 2007 CarswellOnt 1273; Ontario Superior Court of Justice; March 2, 2007; Docket: None given.; Subject: Criminal; Criminal law --- Pre-trial procedure -- Search with warrant -- Search warrant -- General.
• standing
• sufficiency of information to obtain
• agents of law enforcement
• hydro investigations
• drug investigations
S. 7, 10(b): Right to Counsel
• right to counsel
• counsel of choice
• right to silence
S. 11(b): Right to be tried within reasonable time
R. v. Egonu; 2007 CarswellOnt 3332; Ontario Superior Court of Justice; February 28, 2007; Docket: None given.; Subject: Criminal; Constitutional; Criminal law --- Charter of Rights and Freedoms -- Right to be tried within reasonable time [s. 11(b)]
S. 12:Cruel and unusual punishment
R. v. Aziga; 2008 CarswellOnt 4619; Ontario Superior Court of Justice; August 5, 2008; Docket: 07/1122; Subject: Criminal; Constitutional; Criminal law --- Charter of Rights and Freedoms -- Cruel and unusual punishment [s. 12]
S. 24: Applications to Exclude Evidence and Other Remedies
• trial fairness
R. v. Imona-Russel [2008] O.J. No. 5405; Criminal law -- Rights of accused -- State-funded counsel -- Application by accused for Rowbotham order directing Attorney General to pay for counsel to represent him on charges including aggra-vated sexual assault and murder dismissed -- Accused squandered several opportunities to be served by counsel of choice with Legal Aid funding by dismissing counsel four times -- Amicus curiae appointed by court would ensure accused had fair trial.
• conscriptive vs. non-conscriptive evidence
• nature of the breach
• bringing the administration of justice into disrepute
• civil remedies
• Trial - either in Ontario Court of Justice or Superior Court before a Judge and/or Jury
R. v. Kayd-Kayd; 2008 CarswellOnt 3980; Ontario Court of Justice; June 23, 2008; Docket: None given.; Subject: Criminal; Criminal law --- Trial procedure -- Preliminary matters -- Adjournment -- Jurisdiction of court -- Power to adjourn.
R. v. Roach [2005] O.J. No. 5278; 2005 CarswellOnt 7335; Ontario Court of Justice; November 16, 2005; Docket: None given.; Subject: Criminal; Criminal law.
R. v. Steele; 2007 CarswellOnt 3011; Ontario Superior Court of Justice; April 24, 2007; Docket: None given.; Subject: Criminal; Evidence; Criminal law --- Pre-trial procedure -- Compelling attendance of witnesses -- Summons (subpoena) -- General.
R. v. Steele; 2007 CarswellOnt 3045; Ontario Superior Court of Justice; April 24, 2007; Docket: None given.; Subject: Criminal; Criminal law --- Pre-trial procedure -- Public or publication ban order -- General.
R. v. Egonu; 2007 CarswellOnt 6282; Ontario Superior Court of Justice; September 18, 2007; Docket: CRIMPJ(P) 1721/07; Subject: Criminal; Criminal law --- Trial procedure -- Selection of jury -- Empanelling jury -- Challenge for cause -- Grounds.
R. v. Aziga; 2008 CarswellOnt 3649; Ontario Superior Court of Justice; June 18, 2008; Docket: Hamilton 07/1122; Subject: Criminal; Criminal law --- Trial procedure -- Selection of jury -- Empanelling jury -- Challenge for cause -- Particulars of challenge; Criminal law --- Trial procedure -- Selection of jury -- Empanelling jury -- Challenge for cause -- Grounds; Criminal law --- Trial procedure -- Selection of jury -- Empanelling jury -- Challenge for cause -- Questioning jurors
R. v. Gordon; 2008 CarswellOnt 2240; Ontario Court of Justice; April 16, 2008; Docket: None given.; Subject: Criminal; Criminal law --- Trial procedure -- Preliminary matters -- Adjournment -- Grounds -- Miscellaneous.
• Sentencing
R. v. Egonu 2007 CarswellOnt 5700 (SCJ); Ontario Superior Court of Justice; March 27, 2007; Docket: None given.; Subject: Criminal; Criminal law --- Offences -- Firearms and other weapons -- Possession offences -- Possession of prohibited or restricted firearm with ammunition -- Sentencing.; Criminal law --- Offences -- Firearms and other weapons -- Storing firearms in careless manner -- Sentencing.
R. v. Brooks; 2007 CarswellOnt 7396; Ontario Superior Court of Justice; October 12, 2007; Docket: Toronto P0696/06; Subject: Criminal; Criminal law --- Offences -- Firearms and other weapons -- Careless use of firearm -- Sentencing -- Adult offenders.; Criminal law --- Offences -- Firearms and other weapons -- Order prohibiting possession of firearm -- Sentencing.; Criminal law --- Offences -- Firearms and other weapons -- Possession offences -- Possession of prohibited or restricted firearm with ammunition -- Sentencing.; Criminal law --- Offences -- Firearms and other weapons -- Possession offences -- Possession of weapon for dangerous purpose -- Sentencing.
R. v. Egonu; 2007 CarswellOnt 1985; Ontario Superior Court of Justice; March 6, 2007; Docket: None given; Subject: Criminal; Criminal law --- Offences -- Firearms and other weapons -- Possession offences -- Possession of prohibited weapon -- Elements.; Criminal law --- Offences -- Firearms and other weapons -- Storing firearms in careless manner -- General.
R. v. S. (R.); 2008 CarswellOnt 6324; Ontario Court of Justice; September 26, 2008; Docket: Oshawa 07-Y05473; Subject: Criminal; Property; Criminal law.
R. v. C. (D.); 2008 CarswellOnt 3972; Ontario Court of Justice; April 9, 2008; Docket: None given.; Subject: Criminal; Property; Criminal law --- Youth offenders -- Youth Criminal Justice Act -- Sentencing -- Principles -- Multiple principles considered; Criminal law --- Youth offenders -- Youth Criminal Justice Act -- Sentencing -- Factors to be considered -- Multiple factors considered; Criminal law --- Offences -- Robbery -- Sentencing -- Youth offenders; Criminal law --- Offences -- Mischief -- Sentencing -- Youth offenders; Criminal law --- Pre-trial procedure -- Failure to appear -- Sentencing
R. v. B. (J.); 2007 CarswellOnt 8845; Ontario Court of Justice; October 23, 2007; Docket: None given.; Subject: Criminal; Property; Criminal law --- Youth offenders -- Youth Criminal Justice Act -- Sentencing -- Types of sentence -- Absolute or conditional discharge.; Criminal law --- Youth offenders -- Youth Criminal Justice Act -- Sentencing -- Types of sentence -- Prohibition order
R. v. A.S. [2009] O.J. No. 960; Criminal law --- Youth offenders -- Youth Criminal Justice Act -- Sentencing -- Types of sentence - adult vs. youth sentence
R. v. Steele; 2007 CarswellOnt 1193; Ontario Court of Justice; February 8, 2007; Docket: None given.; Subject: Criminal; Criminal law --- Sentencing -- Types of sentence -- Consecutive or concurrent.
R. v. Ekuban [2006] O.J. No. 2415 (Fraud Over $5000.00 - Guilty Plea - Absolute Discharge)
He has a passion for civil liberties and has been involved in cases involving anti-poverty protesters.
| Selwyn A. Pieters - Barrister & Solicitor; 2006 All rights reserved. |