Who is Russell Silverstein?

Russell Silverstein has a minicounsel lawyer profile with 82 linked court cases from 1993 to 2017.

What courts has Russell Silverstein appeared in?

Russell Silverstein has appeared in Court of Appeal for Ontario, Superior Court of Justice, Supreme Court of Canada, Ontario Court of Justice, with most appearances at the Court of Appeal for Ontario.

How many cases has Russell Silverstein handled?

Russell Silverstein has 82 cases on record from 1993 to 2017.

What judges has Russell Silverstein appeared before?

Russell Silverstein has most frequently appeared before Justice Paul S. Rouleau, Justice Eileen E. Gillese, Justice Robert A. Blair.

minicounsel

Criminal and Quasi-Criminal Law

Health Law

Human Rights

Russell Silverstein

appeals

OCA

Also known as: R. Silverstein, Russell Silverstein (Amicus Curiae), Russell S. Silverstein

Elevated to the Bench

cases · OCA, SCJ, SCC, OCJ

Trial

Motion

Costs

Appeal

Sentencing

82 total

Self-defence under s. 34(2) of the Criminal Code is available to an initial aggressor.

The accused stabbed and killed the deceased during an altercation.

At trial for second degree murder, the accused claimed self-defence.

The trial judge instructed the jury that the self-defence justification under s. 34(2) of the Criminal Code was not available if the accused was the initial aggressor, reading in the words 'without having provoked the assault' from s. 34(1).

The accused was convicted of manslaughter.

The Court of Appeal ordered a new trial.

The Supreme Court of Canada dismissed the Crown's appeal, holding that s. 34(2) is clear on its face and is available to an initial aggressor.

The Court emphasized that ambiguous penal provisions must be interpreted in the manner most favourable to the accused.

R. v. McIntosh 1995 SCC mini 20

Respondent Counsel

Russell Silverstein

82 cases1993–2017

Ivan S. Bloom

7 cases1993–2014

Bruce Duncan

14 cases1982–1997

John Sopinka

SCCUnanimous907 cases1988–1998

John C. Major

SCCUnanimous1,023 cases1993–2006

Frank Iacobucci

SCCUnanimous1,117 cases1991–2004

Charles D. Gonthier

SCCUnanimous1,244 cases1989–2004

Beverley McLachlin

SCCUnanimous2,017 cases1989–2018

Antonio Lamer

SCCUnanimous (Wrote the reasons)1,381 cases1980–2001

SCCSupreme Court of CanadaMar 23, 1993

Appeals dismissed and new trial ordered as trial judge improperly dealt with Charter section 7 violation.

The appellants appealed from the Ontario Court of Appeal's decision quashing a stay of proceedings on narcotics charges.

The Supreme Court of Canada dismissed the appeals, finding that the trial judge did not properly deal with the issue of whether section 7 of the Charter was violated and the appropriate remedy.

A new trial was ordered, with the accused permitted to renew their applications for a stay.