About our Lawyers
Nick Kaschuk
Hons. B.Sc., LL.B.
Toronto, Ontario
(647) 235-9500
nkaschuk@crim-lawyers.com
Nick Kaschuk graduated with an Honours degree in Actuarial Science from the University of Toronto, and an LL.B from Osgoode Hall Law School. He is a 2003 call and the author of 24(2): Exclusion of Evidence Under the Charter, LexisNexis Canada. He has authored several articles about criminal law reform and has experience with 1st degree murder, point firearm, aggravated assault, assault with a weapon, assault, assault peace officer, possession of cocaine, possession of marijuana, possession for the purpose of trafficking, trafficking, fail to comply with recognizance, break and enter, weapons dangerous, carry concealed weapon, sexual assault, sexual interference, refuse breath sample, over .80, impaired driving, possession of prohibited / restricted weapon, theft and fraud under/over $5000, etc. In 2017, he successfully launched a Charter challenge to s. 143 of the Criminal Code of Canada which ultimately led to its repeal.
Publications
Books
24(2): Exclusion of Evidence Under the Charter, 1st Edition, LexisNexis Canada, June 2014
24(2): Exclusion of Evidence Under the Charter, 2nd Edition, LexisNexis Canada, May 2019
The Law of Objections in Canada: A Handbook, LexisNexis Canada, November 2019, co-author of Chapter 23: Opinion of Factual Witnesses
Articles
Who Will Prosecute The Prosecutors? On the need for our Law Societies to discipline Crown Attorneys, failing Crown culture, and Wrongful Convictions, Future issue of The Criminal Law Quarterly
▪ Intoxication, Sexual Assault, and Consent, The Criminal Law Quarterly, Volume 70, Number 1, (March 2022) at page 113 (2022 70 C.L.Q. 113)
The Pre-Enquete: A Case to Meet, The Criminal Law Quarterly, Volume 66, Number 4, (April 2019) at pg. 442 (co-author)
Ignorance of the Law IS an Excuse: Revisiting the Concept of ‘Legal Impossibility’ and U.S.A. v. Dynar, The Criminal Law Quarterly, Volume 66, Number 3, (Dec. 2018) at pg. 316
The Hidden Harms of Arbitrary Detentions on the Psychology of the Detainee and the Reputation of the Administration of Justice, The Criminal Law Quarterly, Volume 65, Numbers 1&2, (Dec. 2017) at pg. 164
A Simple First Step to Address Illegitimate Carding, Law Times, Volume 26, Number 30 (September 28, 2015)
Gauging Society’s Interest, The Criminal Law Quarterly, Volume 62, Number 3 (July 2015) at pg. 384
The Lawyer’s Duty of Commitment to the Client’s Cause: Protecting the Psychological Conditions Necessary for the Solicitor-Client Relationship to Form, The Journal of Banking and Finance Law and Practice (June 2015), (2015) 26 JBFLP 145
Additional Creative 24(1) Remedies in Drinking and Driving and Other Charter Cases, The Canadian Criminal Law Review, Volume 19, No. 2 (March 2015)
20 Years and Counting: Exploring the public’s interest in preventing liberty from being the subject of whims, cloaked in judicial robes. Alan D. Gold’s Collection of Criminal Law Articles. (January 2012)
False Choices and Prostitution Law, The Toronto Star (June 22, 2011)
On the Presumption of Innocence: Toward a more complete and precise instruction for juries. The Criminal Law Quarterly, Volume 58, Number 1 (December 2011)
Toward a Proper and Complete Instruction for Photo Lineups: Preserving the Probative Value of Identification Evidence, The Canadian Criminal Law Review, Volume 16, No. 1, (December 2011), (2011) 16 Can. Crim. L. Rev. 1
Manifestly Misinterpreted? The Test for Committal in U.S.A. v. Shephard vs. The Test for Committal in U.S.A. v. Ferras, The Canadian Criminal Law Review, Volume 15, No. 3, (November 2011), (2011) 15 Can. Crim. L. Rev. 337
Why 1.5:1 Credit is Justifiable for Almost Everyone (CLA Listserve, January 2011)
Get your “Storrey” straight: On the powers of arrest and the G20 Summit (The Saskatchewan Advocate, September 2010)
On Bedford v. Canada: The prostitution challenge (CLF Newsletter, November 2010)