416-593-1617

Gerald practises public law litigation involving the government, with expertise in criminal, constitutional, and regulatory law.  He defends clients in all sorts of criminal cases, including white collar and financial crime, computer crime, and project cases under the Controlled Drugs and Substances Act.  He also defends individuals and corporations in regulatory matters under the Provincial Offences Act and federal statutes such as the Food and Drugs Act.  Recently, he has acted for clients in the transportation, food, and gaming industries.

Gerald has a special interest in search and seizure law, particularly relating to digital privacy.  He advises clients facing search warrants and productions orders, as well as regulatory bodies conducting investigations.  He acts as Independent Supervising Solicitor for the execution of Anton Piller orders and other court orders.

Gerald frequently acts for clients on appeal and judicial review.  He has been counsel in 19 cases in the Supreme Court of Canada, including five cases on digital privacy, a Securities Act prosecution, and a Corruption of Foreign Public Officials Act prosecution.  He is a member of the Ontario Inmate Appeal Duty Counsel Program (a roster of experienced criminal lawyers who argue pro bono appeals for indigent inmates in the Court of Appeal.)

Gerald is listed in Best Lawyers in Canada for Administrative and Public Law Litigation.  Benchmark Litigation recognized him as a “Future Star” (2017) and named him to its “Under 40 Hotlist” (2017).  Lexpert recognized him as a “Leading Lawyer to Watch” in public law litigation (2017), and a Litigation Lawyer to Watch in its cross-border litigation guide (2017, 2014).  In 2012, Gerald was awarded the Osgoode Alumni Gold Key in the “One-to-Watch” category by Osgoode Hall Law School.  In the same year, he was recognized by Precedent Magazine as a Precedent Setter.

Gerald is co-editor of For the Defence (the journal of the Criminal Lawyers’ Association) and associate editor of the Canadian Rights Reporter (a series of court reports focused on Charter cases).  He co-authored Sentencing, 9th ed. (LexisNexis, 2017), and he is co-author of a forthcoming book on digital evidence and co-editor of a forthcoming book on digital privacy.  He is also an adjunct professor at the University of Toronto, Faculty of Law, where he acts as a field supervisor for the Appellate Criminal Litigation Externship.

Gerald is a member of the Criminal Lawyers’ Association and serves on its Litigation Committee.  He is the VP External (Public) of the Federation of Asian Canadian Lawyers and Co-Chair of its Advocacy & Policy Committee.

Before joining Stockwoods, Gerald was a partner at a leading criminal and constitutional law firm with Clayton Ruby.  Before that, Gerald practised commercial litigation with a large firm and clerked for Justice Abella at the Supreme Court of Canada.  He graduated as Gold Medallist from Osgoode Hall Law School.

 
Representative Work
  • City of Toronto v. Gu. Successfully obtained the withdrawal of over a hundred charges in a prosecution of Uber partners for the Toronto Municipal Code offence of owning a “limousine” without a licence.
  • R. v. Marakah; R. v. Jones.   Counsel in the Supreme Court of Canada on two important appeals dealing with when the police can acquire text messages stored in the users’ personal devices and the servers of the third party service providers. The Court's judgment will have significant implications for private communications and how those communications are gathered and used in criminal and regulatory investigations.
  • R. v. Peers.   Counsel in the Supreme Court of Canada on the question of whether certain Securities Act offences trigger the right to a jury trial.
  • City of Toronto v. Ahsan et al.  Successfully obtained the withdrawal of all charges in “Project Snowball”, a high-profile Toronto Police investigation into Uber partners that led to charges under ss. 23 and 39.1 of the Highway Traffic Act.
  • Corporation of the City of Mississauga v. Uber Canada Inc. et al. Successfully obtained a stay of proceedings on behalf of an Uber partner in one of the first cases to apply the new test for s. 11(b) of the Charter to regulatory prosecutions and corporate defendants, which in turn led to the withdrawal of charges against a large number of similarly situated defendants.
  • World Bank Group v. Wallace.  Counsel in the Supreme Court of Canada on the issue of whether the World Bank Group is immune from a production order in the context of a prosecution under the Corruption of Foreign Public Officials Act.
  • R. v. Fearon.  Counsel in the Supreme Court of Canada on the issue of whether the police should be allowed to search a cell phone without a warrant.
  • R. v. Vu.  Counsel in the Supreme Court of Canada and successfully argued that the police require computer-specific warrants to search computers found in a residence.
  • R. v. Cole.  Co-counsel in the Supreme Court of Canada and successfully argued that the police require a warrant to search workplace computers.
  • R. v. Smith.  Counsel for the Criminal Lawyers’ Association (Ontario) in the Supreme Court of Canada and successfully argued for a broad approach to standing and remedy in a medical marijuana case.
  • Canada (Citizenship and Immigration) v. Harkat.  Counsel in the Supreme Court of Canada in a national security case dealing with the constitutionality of the security certificates regime.
  • Canada (Justice) v. Khadr.  Counsel in the Supreme Court of Canada and successfully argued that the Canadian government must disclose the fruits of its interrogation to the accused in a national security case.
  • Loke v. British Columbia (Minister of Advanced Education).  Co-counsel for a prospective law student who challenged the Minister’s decision to consent to Trinity Western University’s law school; successfully obtained public interest costs against the Minister after the Minister rendered the proceedings moot by revoking his consent.
  • Thompson v. Toronto Police Services Board.  Represented the Vice-Chair of the Toronto Police Services Board and successfully challenged the Board’s attempt to sanction him for speaking to the press.
  • Ontario Society for the Prevention of Cruelty to Animals v. Toronto Humane Society.  Represented the Society in a case involving parallel criminal and civil proceedings and complex issues of search and seizure and “Wagg” disclosure.
  • Ontario Society for the Prevention of Cruelty to Animals v. Hunter.  Successfully overturned an award of Charter damages that had compensated the claimant for all of his legal fees in defending a Provincial Offences Act prosecution.
  • Ontario Society for the Prevention of Cruelty to Animals v. Johnson.  Successfully defended a complex and lengthy search warrant challenge before an administrative tribunal.
  • R. v. Cadorette.  Acted for a defence lawyer and successfully overturned an order that had removed the lawyer as counsel of record in the G20-related prosecutions.
  • R. v. D.M.  Successfully obtained a new trial in the Court of Appeal for an individual who had been convicted of aggravated assault.
  • R. v. C.Y.  Successfully obtained a substituted acquittal in the Court of Appeal for an individual who had been convicted of trafficking related offences arising from a large project investigation.
  • R. v. G.E.L.  Successfully obtained a new trial in the Supreme Court of Canada for an individual who had been convicted of two counts of sexual assault.
  • R. v. M.D.  Successfully argued that police occurrence reports concerning Crown witnesses must be disclosed by the Crown under its first-party Stinchcombe obligations.
Select Publications
  • Co-editor, For the Defence (2015-present)
  • Associate editor, Canadian Rights Reporter (2009-present)
  • Co-author, Sentencing, 9th ed. (2017)
  • Co-author, "Towards an International Anti-Corruption Court", ABA Criminal Justice Section: International Criminal Law Newsletter (Spring 2017)
  • Co-author, “FBI v. Apple and beyond: Encryption in the Canadian law of digital search and seizure”, Journal of Data Protection & Privacy (December 2016)
  • Co-author, "Confusion over pot laws has consequence", Toronto Star (August 18, 2016)
  • Co-author, "No to corruption abroad, but yes to ensuring a fair trial", Globe and Mail, Report on Business (May 19, 2016) 
  • Co-author, “We need stronger limits on Apple-style court orders”, Globe and Mail, Report on Business (March 19, 2016)
  • Co-author, “Digital Search and Seizure: Emerging Issues for Emerged Technologies”, LSUC Digital Evidence Primer for Criminal and Regulatory Lawyers (September 30, 2015)
  • Author, “Life after Vu: Manner of Computer Searches and Search Protocols”, Supreme Court Law Review (2014)
  • Author, “New anti-spam law ripe for privacy challenge”, The Lawyers Weekly (August 29, 2014)
  • Co-author, “R. v. Vu: Lessons for Commercial Litigators and In-House Counsel”, Commercial Litigation and Arbitration Review (February 2014)
  • Author, “What does TELUS say about retrospective searches of private communications”, For the Defence (October 2013)
  • Co-author, “Corruption of Foreign Public Officials Act and Canada’s Expanding Jurisdiction Under the ‘Real and Substantial Link’ Test”, Commercial Litigation and Arbitration Review (November 2012)
  • Author, “R. v. Cole: Earthquake or Aftershock”, Ontario Bar Association 11th Annual Charter Conference (November 30, 2012)
  • Author, “Physics of Advocacy: Physical Forces, Legal Applications”, The Lawyers Weekly (August 24, 2012)
  • Author, “Morelli and Beyond: Thinking About Constitutional Standards for Computer Searches”, For the Defence (April 2012)
  • Co-author, “Charter Remedies in Administrative Proceedings: Some Concerns”, Osgoode 7thAnnual National Forum Administrative Law & Practice (October 18, 2011)
  • Author, “Transparency Confined to the Courthouse: A Critical Analysis of Criminal Lawyers’ Association, C.B.C., and National Post”, Supreme Court Law Review (2011)
  • Author, “Remedial Minimalism under Section 24(1) of the Charter: Bjelland, Khadr and Nasogaluak”, Supreme Court Law Review (2010)
  • Author, “Wiretap an exception to the open court principle”, For the Defence (December 2009)
Select Teaching & Speaking Engagements
  • Adjunct Professor, University of Toronto, Faculty of Law (Appellate Criminal Litigation Externship) (2015-present)
  • Adjunct Professor, Osgoode Hall Law School (Fundamental Justice and the Charter)  (2015-2016)
  • Speaker, "Arrest, Detention, Section 24(2) and the Exclusion of Evidence", Criminal Investigations: The Latest Developments in Law and Practice (March 31, 2017)
  • Speaker, “The Charter and POA Prosecutions”, The Osgoode Certificate in Provincial Offences Court Practice (January 21, 2017)
  • Speaker, “Top 2017 Investigation and Drafting Issues in Cases Involving Electronic Evidence”, 10th National Symposium on Tech Crime and Electronic Evidence (January 27, 2017)
  • Moderator, “Advocacy on Behalf of Your Community”, 2nd Annual Diversity Conference (RODA) (November 29, 2016)
  • Speaker, “Food Labelling Regimes: Criminalization, Enforcement & Risk Management”, The Future of Food Law and Policy (November 3, 2016)
  • Co-Chair, Federation of Asian Canadian Lawyers 10th Anniversary Conference (October 29, 2016)
  • Moderator, “Joint Judges Forum on Advocacy and Judicial Diversity”, Federation of Asian Canadian Lawyers, South Asian Bar Association, and Canadian Association of Black Lawyers (March 23, 2016)
  • Speaker, “The Charter and POA Prosecutions”, Osgoode Certificate in Provincial Offences Court Practice (January 16, 2016)
  • Speaker, "Bill C-13 and Other Search Powers", Association of Corporate Counsel: Important Updates for In-House Counsel: Capital Raising and Regulatory Investigations" (November 4, 2015)
  • Speaker, "Digital Disclosure and Defences", Criminal Lawyers' Association Fall Conference (October 30, 2015)
  • Co-Chair, “Digital Evidence Primer for Criminal and Regulatory Lawyers”, LSUC (September 30, 2015)
  • Speaker, “TWU: A Frank Discussion”, Federation of Asian Canadian Lawyers Annual Conference (September 26, 2015)
  • Speaker, “The Mechanics of a Search Warrant Case: The What, When, Where, and Why”, LSUC Complete Guide to Search Warrants (February 28, 2015)
  • Co-Chair, “Drafting and Obtaining Search Warrants”, Federated Press (January 23, 2015)
  • Speaker, “Charter Damages”, Ministry of the Attorney General: Legal Services Division, Crown Counsel Summer School (June 19, 2014)
  • Speaker, “Interaction of Criminal and Health Law”, Osgoode Certificate in Professional Regulation & Discipline in the Ontario Health Care Sector (June 11, 2014)
  • Speaker, “Section 7 of the Charter: Shaking Up the Toolbox”, LSUC Six-Minute Criminal Defence Lawyer (April 12, 2014)
  • Speaker, “Following the Electronic Peregrinations of Section 8 of the Charter”, Osgoode Constitutional Cases Conference (April 11, 2014)
  • Speaker, “Applications for Judicial Review”, Ministry of the Attorney General: Legal Services Division, Crown Counsel Summer School (June 20, 2013)
  • Speaker, “Developments in Privacy and Search and Seizure”, Ontario Bar Association 11th Annual Charter Conference (November 30, 2012)
  • Speaker, “Charter Remedies in Administrative Proceedings”, Osgoode 7th Annual National Forum Administrative Law & Practice (October 17-18, 2011)
Associations
  • Member of the Litigation Committee, Criminal Lawyers’ Association (Ontario)
  • Board Member and Co-Chair of the Advocacy and Policy Committee, Federation of Asian Canadian Lawyers
  • Member, The Advocates’ Society
Awards/Recognition
  • Benchmark Litigation, "Under 40 Hotlist" (2017)
  • Canadian Legal Lexpert Dictionary, Litigation – Public Law, Leading Lawyers to Watch (2017)
  • Benchmark Litigation, "Future Star" (2017)
  • Best Lawyers in Canada, Administrative & Public Law (2017)
  • Lexpert Guide to the Leading US/Canada Cross-Border Litigators, "Litigators to Watch" (2014)
  • Gold Medal, Osgoode Hall Law School (2006)
  • Precedent Setter Award, Precedent Magazine (2012)
  • Osgoode Alumni Gold Key, One-to-Watch, Osgoode Hall Law School (2012)
Back to Our Lawyers or contact us for more information.