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Recent Posts
Below is a preview of the five most recent posts from the blog Shikhman Barristers Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Ontario Says Accused Persons Can No Longer Be Trusted: New Mandatory Cash Bail
Update: On August 31, 2026, the Canadian Civil Liberties Association and Criminal Lawyers’ Association were granted an injunction in their case challenging the new cash bail system. This means that the new system is on hold pending the final ruling on its constitutionality. Since August 17, 2026, a … Read more »
- The Record Expires, the DNA Sample Doesn’t: DNA Orders and Conditional Discharges in R. v. Vu, 2026 ONCA 429
By Daniel Anselmo, Associate, Shikhman Barristers The Court of Appeal Restrains Parliament A conditional discharge is supposed to be one of the bottom rungs of the sentencing ladder. If someone complies with their probation, no conviction registers. The discharge represents Canada’s belief in rehabi … Read more »
- Congratulations to Boris Bytensky: Thank You, Boris!
Congratulations to Boris Bytensky: Thank You, Boris! There are very few moments in a law firm’s history that feel both celebratory and bittersweet; Boris Bytensky’s appointment to the bench is one of them. While we are incredibly proud to see him begin this next chapter of public service, his depart … Read more »
- Garofoli Step 6 and the Growing Culture of Secrecy in Canadian Criminal Law
Garofoli Step Six and the Growing Culture of Secrecy in Canadian Criminal Law Part I: Garofoli Step Six Introduction There is a creeping culture of secrecy among police officers and Crown prosecutors. Anyone who cares about the long-term preservation of a free society should pay attention. This is t … Read more »
- “Bail set not met” and the ladder principle in reverse onus situations: Two important changes arising from R. v. A.K., 2026 ONSC 2262
Introduction “Bail set not met” is alive and well. In R. v. A.K., 2026 ONSC 2262 (unreported), a recent ruling from the Ontario Superior Court (argued by Boris Bytensky, partner at Shikhman Barristers), Justice Harris concluded that two past rulings on the validity of “bail set not met” orders were … Read more »