Mark Iyengar

criminal/constitutional/admin lawyer (he/him)

[Pivot Legal Society @pivotlegal]

BREAKING WIN for PWUD: Supreme Court of Canada rules against SK govt/police attempt to claw back Good Samaritan Drug Overdose Act in R v Wilson. Pivot argued, and court agreed, law protects against simple possession convictions, charges, AND arrests at ODs. @markiyengar

[Mark Iyengar @markiyengar]

Excited to do this intervention with my bud @Caitlin_Ona! The hearing's tentatively scheduled for the week of January 13, 2025. Mark your calendars.

[Pivot Legal Society @pivotlegal]

We're heading to the Supreme Court of Canada to intervene in R v Wilson to fight clawbacks to the Good Samaritan Drug Overdose Act.

Learn more by reading the blog.
https://t.co/gzCfllYkZh

[Mark Iyengar @markiyengar]

Guess who's going to Cambridge this fall! I’m very fortunate to have the support of a Chevening Scholarship as I yet again try to get a little bit smarter.

[UK in Canada 🇬🇧🇨🇦 @UKinCanada]

We’re so proud to announce the three 🇨🇦@CheveningFCDO Scholars who will head to the 🇬🇧 on fully-funded post-grad scholarships this fall—a list which includes Canada’s first-ever Indigenous Chevening scholar.

Learn more about our impressive scholars here ➡️https://t.co/uiDSChO5hc

[Mark Iyengar @markiyengar]

I cannot accept that this is a saying. Not even in Australia.

[Australian Criminal Law @CriminalLawAus]

"Criminal lawyers need to be wary of becoming entrenched in the 'bubble world' of criminal law, where 'everything else is just an add-on in your life', Gaynor J said ... 'There's a saying that crime is the crack cocaine of law,' Judge Gaynor said. 'And I agree with that.'"
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[The Breakdown @TheBreakdownAB]

“all of this sends a strong and sinister message to Albertans that it is permissible, even acceptable, to discriminate on the basis of gender identity. To members of the trans community, the message is they are less than equal members of our society.” https://t.co/CHiEfCASYy

[Tony Paisana @TonyPaisana]

R. v. R.M., 2023 BCCA 455: New trial ordered because trial judge improperly relied on judicial notice to generalize about how "adult predators" act, and then compared that to the accused's alleged conduct.

[Lisa Cooper @_LisaParker]

“That might never have happened, had a young legal academic, @emmajcunliffe, not taken an interest in the case while she was working on her PhD.”

[CBA/ABC National @CBAnatmag]

Canada needs to fix its post-conviction disclosure catch-22: A lack of access to police investigative material is a significant barrier to advocates for wrongful conviction claimants @UBCInnocence @Justin_Ling https://t.co/jpLeICj3cM

[TLABC @tla_bc]

Our thanks and congratulations to you @TonyPaisana and @markiyengar for all your efforts!

[Mark Iyengar @markiyengar]

@SewrattanLaw the pointed consideration of the merits strikes again: the applicant in the leave application granted today was denied bail pending the application two months ago because of a low reviewability interest — https://t.co/6ZES2Ov8tc

[Mark Iyengar @markiyengar]

Very glad someone wrote this article. The public confidence criterion is applied very oddly post-Oland. It’s a bit of an outrage every time bail is denied (especially when it’s due to the “more pointed consideration” of the merits) and the appeal is ultimately allowed.

[Mark Iyengar @markiyengar]

@bashchung and I co-wrote a couple chapters of this e-book, which looks very helpful. i might get the s 490 chapter tattooed on me for easy reference. stay tuned

[CanLII @CanLII]

📢📚 The CanLII Criminal Law Ebook is now available to view on CanLII! Our deepest gratitude goes out to all the volunteer editors and authors who produced such valuable content for this new resource. Read more: https://t.co/BIEaRbM44j #criminallaw #openaccess #legalcommentary

[Jon Khan @jon_ckhan]

"Just as we do not tear down our court system after a single wrongful conviction, we must resist any impulse to throttle back the availability of bail based on an outlier case."

[Richard Warnica @richardwarnica]

Quite the winding road from @pivotlegal to this.

[Mark Iyengar @markiyengar]

YIKES

[Ben Perrin @profbenperrin]

Zinger buried in new @Dave_Eby bail directive:

"Previous advice, advising Crown Counsel not to seek detention unless a fit sentence upon conviction would include incarceration, has been removed from the policy"

TRANSLATION: lockup people even if they won't get jail if convicted

[Mark Iyengar @markiyengar]

thank god

[Tony Paisana @TonyPaisana]

Bill C-5 has passed, restoring the ability to impose CSOs for a wide array of offences. CSOs offer a humane and meaningful opportunity at rehabilitation. Their reintroduction will lead to a fairer and more just criminal justice system.

[Janani Shanmuganathan @_JananiS]

I echo that sentiment today, and even more passionately: please pass Bill C-5 and please pass it fast. 3/3

[Mark Iyengar @markiyengar]

@Cdnrumpole @chrisrudnicki_ @JohnHaleCrimLaw We're getting closer... committee report presented without amendment yesterday: https://t.co/HyQp9MtPBT

[Mark Iyengar @markiyengar]

@chrisrudnicki_ That’s true, but my point is really that the factor disappears entirely. In reality, this ground isn’t going to matter at all because sentencing judges are just going to say “I’m not sure the Crown’s range is high enough” and that will be the end of it.