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Nader, a partner at the firm, practises criminal, regulatory and constitutional law.  He defends clients accused of criminal misconduct in a variety of cases, including white collar crime, drug offences, homicide, sexual offences, and professional misconduct.  He has an expertise in digital privacy law and search and seizure issues, and has appeared in many of the leading Supreme Court of Canada cases in this area.

Nader also acts regularly for clients seeking to vindicate their constitutional rights in high-profile cases.  He has acted for the wrongfully convicted and asylum seekers.  He also acts for Indigenous groups in environmental and constitutional cases.  He was recently lead counsel for the successful appellants in the Supreme Court of Canada’s landmark Indigenous rights decision in Clyde River v. Petroleum GeoServices Inc., 2017 SCC 40.

Nader maintains an active appellate practice, appearing regularly at the Ontario Court of Appeal and at the Supreme Court of Canada. He was recently recognized by Best Lawyers magazine as one of the leading appellate lawyers in Canada.  In addition to appearing in the appellate courts on behalf of parties, he frequently appears on behalf of intervener groups, including the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association, and the Criminal Lawyers’ Association (Ontario).

Nader is a veteran Adjunct Professor of law at the University of Toronto, Faculty of Law, where he has taught the Law of Evidence and currently teaches a popular class on crime and punishment, which is consistently ranked by students as one of the Top 10 courses at the UofT Faculty of Law.  He frequently lectures on criminal law and civil liberties issues and is an associate editor of the Canadian Rights Reporter.  He is a co-author of Sentencing, 9th edition (LexisNexis, 2017), a co-author of a forthcoming book on privacy rights and digital technology, and author of numerous articles on criminal and constitutional law.

Nader brings a cross-border perspective to his practice. Prior to joining the firm, Nader practised criminal law and securities law for a leading litigation firm in New York, appearing in both New York State and U.S. federal courts.  He regularly advises Canadian citizens in relation to cross-border issues.

Nader is a graduate of Harvard University (B.A.), the University of Cambridge (M.Phil) and the University of Toronto, Faculty of Law (J.D.).  Upon graduation from law school, Nader clerked for the Honourable Marshall Rothstein of the Supreme Court of Canada.

 
Bar Admissions
  • Ontario
  • New York
  • U.S. Court of Appeals for the Second Circuit
  • Southern District of New York
  • Eastern District of New York
Representative Work

Supreme Court of Canada

  • Clyde River (Hamlet) v. Petroleum Geo-Services Inc., 2017 SCC 40 (Crown’s duty to consult Indigenous groups in National Energy Board proceedings)
  • R v. Peers, 2017 SCC 13 (whether certain Securities Act offences trigger the right to a jury trial)
  • R. v. Safarzadeh-Markhali, 2016 SCC 14 (constitutional challenge to the Truth in Sentencing Act)
  • World Bank Group v. Wallace, 2016 SCC 15 (waiver of international immunity under the Corruption of Foreign Public Officials Act)
  • R. v. Smith, [2015] S.C.J. No. 34 (constitutionality of medical marijuana legislation)
  • R. v. Nur, [2015] S.C.J. No. 15 (constitutionality of mandatory minimum sentence for firearms possession)
  • R. v. Fearon, [2014] S.C.J. No. 77 (lawfulness of warrantless searches of cell phones)
  • R. v. Sipos, [2014] S.C.J. No. 47 (rules for fresh evidence in dangerous offender proceedings)
  • Canada (Citizenship and Immigration) v. Harkat, [2014] S.C.J. No. 37  (constitutionality of security certificates)
  • R. v. Vu, [2013] S.C.J. No. 60 (constitutional limits of police search and seizure of computers)
  • R. v. Yumnu, [2012] S.C.J. No. 73; R. v. Emms, [2012] S.C.J. No. 74; R. v. Davey, [2012] S.C.J. No. 75 (jury vetting by the Crown and the police)
  • R. v. Cole, [2012] S.C.J. No. 53 (searches of workplace computers)
  • R. v. Prokofiew, [2012] S.C.J. No. 49 (right to silence at trial)
  • R. v. Ipeelee; R. v. Ladue, [2012] S.C.J. No. 13 (sentencing of Aboriginal offenders)

Courts of Appeal

  • R. v. Patel, 2017 ONCA 702 (Ont. C.A.) (party liability for homicide)
  • R. v. Saikaley, 2017 ONCA 374 (Ont. C.A.) (constitutionality of cell phone searches at the border)
  • Hamlet of Clyde River et al v. TGS-NOPEC Geophysical Company ASA et al, Court File No. A-354-14 (F.C.A.) (argued on April 20, 2015) (judicial review of seismic testing permit)
  • Wall v. Ontario (Office of the Independent Police Review Director) (2014), 123 O.R. (3d) 574 (C.A.) (OIPRD’s failure to investigate police misconduct during G20 summit)
  • Forest Ethics Advocacy Assn. v. Canada (National Energy Board), [2014] F.C.J. No. 1089 (C.A.) (constitutional challenge to National Energy Board’s process)
  • Hartley v. Cunningham (2013), 118 O.R. (3d) 288 (Ont. C.A.) (interpretation ofForestry Act)
  • R. v. D.B., [2013] O.J. No. 4365 (C.A.) (proper use of hearsay statements when admitted for “narrative”)
  • Magder v. Ford, [2013] O.J. No. 6298 (Div. Crt)) (Mayor of Toronto’s violations of the Municipal Conflict of Interest Act)
  • R. v. Jiwa, [2012] O.J. No. 3721 (C.A.) (sentencing in involuntary manslaughter cases)

Superior Court of Justice

  • Rizvee v. Newman, [2017] O.J. No. 3522 (S.C.J.) (motion to dismiss defamation claim under anti-SLAPP legislation)
  • R. v. M.J., [2016] O.J. No. 3177 (S.C.J.) (constitutional challenge to mandatory minimum sentence)
  • R. v. Patel, [2014] O.J. No. 2125 (S.C.J.) (for-cause screening of jurors and admissibility of post-offence conduct)
  • R. v. Akbari, [2014] O.J. No. 4222 (S.C.J.) (sentencing in historical sex assault)

Ontario Court of Justice

  • R. v. Coldin, [2012] O.J. No. 1009 (C.J.) (constitutional challenge to s. 174 of the Criminal Code)

U.S. Courts

  • Lopez v. Zenk, No. 06-CV-4601 (RJD) (E.D.N.Y. 2008) (obtained settlement for prisoner who was assaulted by prison guards)
  • People v. Days, 26 Misc.3d 1205(A) (N.Y. Co. Ct. 2009) (obtained new trial for accused convicted of murder)
  • Lopez v. Terrell, 697 F. Supp. 2d 549 (S.D.N.Y. 2010) (calculation of Good Conduct Time credit)
Selected Publications
  • A Step Forward or Just a Sidestep?  Year 5 of the Supreme Court of Canada in the Digital Age” (2015), 68 S.C.L.R. 439.
  • “Can We Learn from the Americans?  A Cross-Border Perspective on Jury Selection” (October 2015), 36:2 For the Defence.
  • “Let’s Get Digital: The Constitutional Right to Privacy in the Virtual World” (October 2, 2015), Ontario Bar Association (Conference Paper).
  • R. v. Vu: The Right to Digital Privacy and the Need for Search Protocols” (March 2014), 35:1 For the Defence.
  • “Three Theories of ‘Principles of Fundamental Justice’” (2013), 63 S.C.L.R. (2d) 339.
  • “Corruption of Foreign Public Officials Act and Canada's Expanding Jurisdiction Under the ‘Real and Substantial Link’ Test” (November 2012), 1:4 Commercial Litigation and Arbitration Review (co-authored with Gerald Chan).
  • R. v. Ipeelee; R. v. Ladue: Revisiting Aboriginal Sentencing Principles Thirteen Years After R. v. Gladue (June 2012), 33:3 For the Defence.
  • Sentencing, 8th edition (LexisNexis, 2012) (with Clayton Ruby and Gerald Chan).
  • “How Blair Defused the Anti-War Movement” (26 March 2003), Wall Street Journal Europe.
  • “Jihad and Veritas” (5 June 2002), New York Times.
Selected Presentations and Conferences
  • "The Courts SLAPP Back: How Judges Are Interpreting SLAPP Legislation", Canadian Media Lawyers Association Annual Conference (November 4, 2017)
  • "Ethical Issues in Bail Hearings", Law Society of Upper Canada, Commute-to-Court Series (September 13, 2017)
  • "Digital Privacy at the Border", Canadian Bar Association, Annual Immigration Law Conference (June 10, 2017)
  • "Building a Cross-Border Practice", Law Society of Upper Canada, Annual Small Firm and Solo Practitioner Conference (June 8, 2017)
  • “Sexual Assault and the Charter,” Ontario Bar Association,  15th Annual Charter Conference, (October 6, 2016)
  • “Proportionality and Discretion in Sentencing,” Law Society of Upper Canada, Annual Conference on Criminal Law and the Charter (September 17, 2016)
  • “Six-Minute Criminal Lawyer,” Law Society of Upper Canada and Criminal Lawyers’ Association, Annual “Six-Minute Criminal Lawyer” (April 9, 2016)
  • “Crown Liability and Charter Damages,” Philippe Kirsch Institute, Annual Conference, (November 27, 2015) 
  • “Notable Charter Advances in Criminal Law”, Ontario Bar Association, Annual Conference on the Canadian Charter of Rights and Freedoms (October 2, 2015)
  • “Winter is Coming: A New Era of Enforcement Under the Corruption of Foreign Public Officials Act (CFPOA)?” Federation of Asian Canadian Lawyers, Annual Conference (September 26, 2015)
  • “Current Issues in the Law of Search and Seizure”, Ontario Justice Education Network, Annual Conference (August 25, 2015)
  • “Mr. Big and Big Brother: Developments in Police Powers”, Osgoode Hall Law School, Annual Conference on Constitutional Cases (April 6, 2015)
  • “Searching Smartphones,” Law Society of Upper Canada, Continuing Professional Development Program (May 4, 2013)
  • “Section 7: History, Theory, Doctrine”, Osgoode Hall Law School, Annual Conference on Constitutional Cases (April 12, 2013)
Teaching Engagements
  • Adjunct Professor, University of Toronto, Faculty of Law (Crime & Punishment) (2010-present)
  • Adjunct Professor, University of Toronto, Faculty of Law (Evidence) (2015-present)
  • Adjunct Professor, University of Toronto, Faculty of Law (Appellate Criminal Litigation Externship) (2015-present)
Associations
  • Advocates’ Society (member of Young Advocates Standing Committee; member of the Advocacy and Policy Committee)
  • Criminal Lawyers’ Association
  • American Bar Association
  • Canadian Bar Association
Awards/Recognition
  • Best Lawyers - Appellate Practice (2017)
  • Benchmark Litigation Under 40 “Hotlist” (2017)
  • New York Bar Association Empire State Counsel Award for pro bono representation;
  • Recognized by Human Rights First and Immigration Equality for pro bono advocacy.
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