The uproar and criticism expressed by some over the Montreal Canadiens drafting of Logan Mailloux is misguided, senseless and entirely inconsistent with Canada's public policy with respect to how we deal with young persons in our criminal justice system.  Canadian public policy on how we have chosen to deal with criminality involving young persons is very different from the U.S.A.  In Canada unlike the U.S. we have a federal statute in the Youth Criminal Justice Act which applies nationwide and clearly articulates the law on ..read more

   On July 31st, 2020 a Divisional Court Panel wasted little time in denying former Justice of the Peace Massiah an adjournment to allow him to argue that Anti-Black Racism tainted the decisions of the Justices of the Peace Review Council Hearing Panels which denied his claims for compensation to cover the legal costs associated with defending his judicial office.     In a tearful and passionate plea, former Justice of the Peace Massiah's lawyer, Osborne G. Barnwell begged the Panel to allow him a two week adjournment to permit him an opportunity to make submissions ..read more

  This is the first post in what I hope to be a series of posts sharing with readers the toxic and dehumanizing Anti-Black Racism and Discrimination I experience in my work perpetually.      Some years ago a Justice of the Peace facing judicial misconduct allegations was referred to me by another judicial officer. He was referred to me because of my knowledge in the Human Rights Code and constitutional law. That Justice of the Peace is now Former Justice of the Peace Errol Massiah. He so happens to be Black.  He was removed from office and denied the rights and privile ..read more

   Many readers will not believe this but it is appears to be "unlawful" for a lawyer to forcefully argue against what he perceives to be racially motivated bias or unfairness in legal proceedings against a Black client.  I use the term appears because from my perspective this makes no sense. However, over the past number of years I have received my share of "public shaming" "modern-day-lynching" for doing exactly that.    It is no accident that the mainstream media is always an available and willing partner in this process.  The mainstream media is like a public ..read more

                                                          File No. 18H-047 LAW SOCIETY TRIBUNAL HEARING DIVISION BETWEEN: The Law Society of Upper Canada Respondent/Applicant - and - Ernest Guiste Applicant/Respondent AMENDED NOTICE OF MOTION           TAKE NO ..read more

   Canadian Investment Banker, Amy Cooper's false-report  to police in response to Mr. Cooper's effort to have her comply with the park law prohibiting unleashed dogs in the area of their interaction -  implicitly calling on them to protect her "from an African-American man who is threatening her life and safety" is an all too common reaction that is a fixture  in both American and Canadian society. One would instinctively think that Ontario's legal profession would be immune from this practice but it is not.  Racial bigotry, intolerance and differential treatment ..read more

   Canadian Investment Banker, Amy Cooper's false-report  to police in response to Mr. Cooper's effort to have her comply with the park law prohibiting unleashed dogs in the area of their interaction -  implicitly calling on them to protect her "from an African-American man who is threatening her life and safety" is an all too common reaction that is a fixture  in both American and Canadian society. One would instinctively think that Ontario's legal profession would be immune from this practice but it is not.  Racial bigotry, intolerance and differential treatment ..read more

   Some employers have taken the Covid 19 Pandemic to give them a green light to resort to the freedom of contract mentality of the early industrial revolution to extract major concessions from employees and even put the lives of employees in danger.  This is regrettable but by no means surprising. The following is a list of some of the fundamental rights which employees have secured in our law over the years which are of paramount importance during these trying times: 1.  Employers have a common law duty to provide a safe work environment for their employees. This has be ..read more

I sent the following communication to the Ontario Human Rights Commission today requesting their intervention in a very serious complaint which I filed with the Human Rights Tribunal of Ontario on October 9th, 2019.  The complaint challenges the legality of the Ontario Government's life-time driving ban and refusal to accommodate persons who have been convicted of four alcohol related driving offences even if they are later rehabilitated. In our case, the Applicant was last convicted in 2006, served his five year court ordered driving prohibition and has been rehabilitated but is still banned ..read more

   As a lawyer who handles both the defence of criminal allegations arising from domestic violence occurrences and prosecutes civil actions for malicious prosecution and negligent investigation arising from these allegations it is clear to me that countless numbers of innocent, hard-working individuals in Ontario are all too often wrongly charged with domestic-related criminal offences.    We have all met and heard of individuals who have found themselves charged and removed from their homes for nothing more than restraining or otherwise seeking to avoid the commission of an assault on their ..read more