JUSTIN MARCHAND

Called to the Bar in Ontario in 2015

I have practised law at Aitken Robertson since 2015. During non-pandemic times, I litigate different kinds of criminal matters, including trials in the Ontario Court of Justice and summary conviction appeals before the Superior Court of Justice.

Prior to becoming a lawyer, I received a Bachelor of Arts degree in 2010 from Dalhousie University in Halifax, Nova Scotia. Toward the conclusion of my undergraduate degree in history, I contemplated higher education focusing on totalitarianism and secret police in Eastern Germany. To make possible pursuing a graduate degree in German history, I put my academic education on hold for six-months to move to Germany to learn the language. At the time I learned a fair amount of German, but I then chose to study law. After more than 10 years away from studying German, I began again in 2019. To date and especially during the pandemic my German has improved, but fluency is a journey and not a destination.

My criminal law practice began with great focus on DUI law, but over the years I have branched out into many other areas of criminal litigation. Currently, I practise in all areas of criminal law, although I still focus on DUI allegations. My approach to many DUI cases is first to take a dispassionate look at your disclosure. Disclosure is the name given to all the documents that the prosecution must disclose to the defence as part of a criminal proceeding. It is always helpful if I can review disclosure and expose errors in police investigations, such as errors in warrants or other forms of intrusive investigations. Ultimately, I will review your case and situation with a view to provide practical advice customized to your needs and wants.

Trial litigation for DUI charges often involves constitutional litigation. Constitutional litigation in a DUI setting means holding police accountable to the Charter of Rights and Freedoms. In normal years I file dozens of Charter applications on behalf of my clients, with the intent to have evidence excluded because of Charter-offending police activities during investigation. Each year I successfully get key inculpatory evidence excluded from the cases against my clients. As your lawyer, you will not be shut out and I will share my analysis with you to whatever degree you are interested. I want you to be comfortable, or as comfortable as can be in the circumstances.

Some of the time an acquittal is not within the realm of possibilities, but I will still pursue the best result possible. A not uncommon approach I take is to negotiate reductions to charges, so that my client can plead guilty to a Highway Traffic Act offence or other provincial offences instead of to a criminal charge.

I have had considerable success in DUI cases, including in cases where my clients are alleged to have refused or have failed to provide a breath sample. I also enjoy applying my constitutional litigation knowledge to all kinds of situations, including search and seizures of guns and drugs. Other areas of my criminal defence practice include assault, sex assault, fraud, theft, mischief, breaches, voyeurism, harassment, and Section 11(b) applications for undue delay.

If you need a criminal lawyer, I service nearly all areas of Ontario west of Oshawa, including as far south as Cayuga, as far west as Windsor and Sarnia, and as far north as Kenora and Red Lake, and everywhere in between. To book a free 30-minute consultation, call us toll-free at 1-800-668-1657, or fill out a consultation form on our website today.