The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/1544922
WHEN Canadian Lawyer's readers weigh up what defines criminal defence excel- lence, the verdict rests on courtroom advo- cacy. It's the visible measure of a lawyer's ability and a fundamental factor in how firms earn their reputation. Criminal defence also occupies a signifi- cant place within Canada's legal services sector. According to IBISWorld, law firm revenue was projected to reach $21.4 billion by 2025, with steady annual growth. Legal aid plan expenditures further provide a gauge of the size of criminal defence work. Justice Canada reports that legal aid plans spent more than $1.15 billion in 2023–24, with 52 percent tied to crim- inal matters, representing approximately $617 million in criminal legal aid work. Legal aid data also illustrates the volume of criminal defence work moving through the courts. In 2023–24, plans received 585,982 applications, including 299,934 criminal matters, which accounted for 51 percent of all legal aid applications. Duty counsel provided 1,418,093 assists nationwide in the same year. CL invited readers to rank the country's Top Criminal Law Boutiques from a prelim- inary list, with the option to nominate additional firms. The process produced 47 nominated firms and 325 votes. The results of the national vote were then combined with input from senior members of the bar and regional considerations. What wins cases today Courtroom advocacy was the critical element in measuring criminal defence. It is PREPARED TO DEFEND where arguments are tested and outcomes decided. But across this year's top criminal law firms, advocacy is the result of a meticu- lous process. Preparation is at the heart of that approach and runs through every stage of a case. Firms point to detailed knowledge of the record, command of the law, and the development of a strategy that can with- stand challenges. Top Criminal Law Boutiques in Canada Bottos Law Group, based in Edmonton, Alberta, practises exclusively in criminal law and regulatory offences, and has been involved in many of Alberta's high-profile criminal cases. Founded in 2012, the firm represents clients across serious matters ranging from homicide and sexual assault to fraud, drug offences, and impaired driving, with work spanning trial courts and appeals. "It comes down to four things: knowl- edge, judgment, preparation, and delivery," says Dino Bottos, K.C. He explains that the first three elements lead to the fourth and that they all remain active throughout the course of litigation and trial. Bottos says effective criminal defence advocacy includes having a keen awareness of the facts and evidence, as well as profi- ciency in the substantive law and the law of evidence related to the matter; continuously adjusting how best to defend the client and determining the most appropriate course of action; undertaking extensive preparation, which is the most time-consuming part of going to trial and may take months or even years; and delivering the defence strategy through professional submissions, cross- examinations, and persuasive advocacy to demonstrate to the judge and jury that the client has a credible case and a rational path to acquittal. Daniel Brown Law LLP handles a large volume of trials and appeals while building a national reputation for appellate advocacy. The Toronto-based firm operates a collab- orative litigation model that combines trial work with a strong focus on appeals and precedent-setting cases. "You need preparation, preparation, and preparation. You need to be authoritative and cutting-edge about the law, and you need to know your client and their human METHODOLOGY In January, Canadian Lawyer asked readers from across Canada to vote on criminal law boutiques. The readers were asked to rank their top firms from a preliminary list, with a chance to nominate a firm that was not included. To be considered in the vote, firms were required to have the majority of their business come from their work in criminal law. The quantitative results were combined with input from senior members of the bar and regional diversity considerations. www.canadianlawyermag.com 53