Jeffrey Manishen

905.572.5813

Year of call: 1977

24 hour emergency line:

(905) 637-9026
or
(905) 630-5813 (mobile)

Jeffrey is well-spoken, and knowledgeable in his field. He is eager to share his knowledge in criminal defence law (and other topics) upon request.

Jeffrey is Criminal Lawyer and Associate Counsel at Ross & McBride LLP.

A criminal lawyer in Hamilton, Ontario, Mr. Manishen commenced his practice of with Ross and McBride in 1985. Prior to that he was an Assistant Crown Attorney in Hamilton from 1977 - 1985. Over the years, he has defended a similarly-wide range of criminal charges as well as drug offences, tax evasion and proceedings under the Provincial Offences Act. He has also, on occasion, been retained by the Ministry of the Attorney-General of Ontario to serve as a special prosecutor.

He has been certified by the Law Society of Ontario as a specialist in criminal litigation since 1989 and has been recognized for his practice in Criminal Law by Best Lawyers in Canada annually since 2006. Jeff was inducted into the International Association of Trial Lawyers in July 2016. He has lectured and instructed extensively on substantive criminal law, the Canadian Charter of Rights and Freedoms, expert evidence and police training for the Law Society of Ontario, the Ontario Criminal Lawyers' Association, the Ontario Crown Attorneys' Association, the Ontario Police College and local police services in Ontario.

He is a frequent legal commentator on CHML AM 900 Radio and CHCH television in Hamilton and may be accessed on YouTube.

In 1983, he developed the concept of lawyers performing "Twelve Angry Men" on stage, an idea which has led to numerous productions across North America, some of which he performed in with the Hamilton Lawyers' Club at Theatre Aquarius.

Awards and Recognition:

Best Lawyers© 2023, 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006, Criminal Defence

Readers' Choice© 2022, Criminal Lawyer (1st)

Areas of Law

Homicide including murder, manslaughter
Violent offences including assault (domestic/non-domestic), assault causing bodily harm, assault with a weapon, aggravated assault
Sexual offences including sexual assault, sexual interference, invitation to sexual touching
Child pornography and related offences including accessing, possession, making available, making child pornography, internet luring
Drug offences including trafficking, possession for the purposes, manufacturing, simple possession of a drug pursuant to the Controlled Drugs and Substances Act of Canada
Property offences including theft, possession of stolen property, fraud, possession of proceeds of crime, counterfeiting, money-laundering
Drinking and driving offences including impaired operation or care and control, operation or care and control with over .08 mgs of alcohol in the blood, fail or refuse to provide roadside breath sample, fail or refuse to provide Intoxilyzer breath sample
Motor vehicle offences including criminal negligence causing death or bodily harm, dangerous driving causing death or bodily harm, failing to remain at the scene of an accident
Criminal harassment and/or threatening, mischief to private or public property
Youth Criminal Justice Act offences

Federal Offences:

Income tax evasion, failing to report income tax, Excise Tax Act evasion
Customs Act offences
Environment Protection Act (Canada) offences

Administrative Tribunals

National Parole Board Hearings
Ontario Review Board Hearings
Law Society of Ontario Disciplinary Hearings

Provincial offences:

Highway Traffic Act
Occupational Health and Safety Act
Environmental Protection Act
Retail Sales Tax Act
Fuel Tax Act
Liquor Licence Act offences

Organizations and Activities

Special Retainers:
Ontario Criminal Lawyers’ Association - Counsel appearing at the Inquiry into Pediatric Forensic Pathology in Ontario, Before the Honourable Mr. Justice Stephen Goudge, Commissioner, Toronto, 2007-2008

Ministry of Attorney General – Special Prosecutions of high-profile criminal cases, on going

Ministry of Attorney General – Review Conduct of Counsel in complaint cases

The Law Society of Upper Canada, Review Conduct of Counsel in complaint cases

LawPro – Review Conduct of Counsel with respect to competency of counsel in criminal proceedings

Inquiry into the Regulation of Paralegals in Ontario before the Honourable Mr. Justice Peter Cory

Ministry of Labour, Review Conduct of Counsel in complaint cases

Hamilton Police Service, representation of officers in S.I.U. investigations

Halton Regional Police Service, representation of officers in S.I.U. investigations

Edward J. Orzel Award Recipient, Hamilton Law Association, April 28, 2010

Standing Committee on Justice, Parliament of Canada on amendments to s.745, Criminal Code of Canada

Member, Ontario Forensic Services Advisory Committee

Osgoode Hall Law School, Organizing Committee, 35th Annual Reunion

Chair, United Way Board Governance and Human Resources Committee, 2008 – 2011

Board of Directors, United Way of Greater Burlington and Hamilton, Campaign Co-Chair 2000

Recognized as a Specialist in the practice of criminal law in, The Best Lawyers in Canada Publications, since 2006

Board of Directors, Theatre Aquarius, 2004-2010

Paralegal Licensing Committee, The Law Society of Upper Canada, 2000

Attorney General’s Advisory Committee on Charge Screening, Disclosure and Resolution Discussions, 1993

Past-President, Beth Jacob Synagogue, 1992-1993

Past-President, Hamilton Criminal Lawyers’ Association, 1992

Past-President, Hamilton Lawyers’ Club, 1992

Past-Member, Board of Directors, Advocates’ Society

Past-Chair, Law Society of Upper Canada, Specialist Certification Committee (Criminal Law)

Frequent Guest Legal Commentator on CHCH TV - 11 News; CHML-AM 900 radio, CTS Television

Conferences and Lectures

Guest Lecturer:
Lecture, “A Collection of Stories to Educate and Entertain”, The Six-Minute Criminal Defence Lawyer, Law Society of Upper Canada, Toronto, 2012
United States National Association of Criminal Defence Lawyers Annual Convention, Toronto, Canada, 2010

University of Western Ontario Faculty of Law:
Criminal Procedure
Wiretap Law

Osgoode Hall Law School, Intensive Criminal Law Program:
Roles of Crown and Defence

University of Toronto Law School, Trial Advocacy Course:
Opening Address

Emory University, Atlanta, Georgia:
Trial Advocacy Courses

University of Ottawa:
Trial Advocacy Courses

Guest Speaker:
Lecture, “Oral Advocacy, Closing Submissions”, Hamilton Law Association Advocacy Skills Workshop, Hamilton, 2014

Lecture, “5 Rules of Evidence a Criminal Lawyer Thinks Civil Litigation Lawyers Should Know”, Ontario Trial Lawyers’ Association Annual Convention, Toronto, 2014

Lecture, “The Justice Nadon Case: The Need to Take a Stance at the Risk of One’s Career Advancement”, Jewish Lawyers’ Network Law Conference, Toronto, 2014

Panelist, “Inside the Lawyers’ Studio: A Collection of Stories to Educate and Entertain”, Garage Series, Toronto, 2014

Panelist, “Police Testimony and the Charter of Rights”, Halton Regional Police Service, Oakville, 2014

Panelist, Criminal Law Issues, Advocates’ Society Fall Convention, Mayan Riviera, Mexico, 2014

Lecture, “The Law of False Confessions”, York University Glendon Campus, Toronto, 2013

Panelist, “Statutory Minimum Sentences and Charter of Rights Issues, Regional Meeting, Superior Court Justices of Ontario, Niagara on the Lake, 2013
Guest speaker, “Lessons Learned After 35 Years of Practice”, Thunder Bay Law Association Annual Seminar, Thunder Bay, 2013

Panelist, “Sentencing Issues”, Thunder Bay Law Association Annual Seminar, Thunder Bay, 2013

Advocacy Lecture in Memory of the Honourable Mr. Justice John Sopinka, Ontario Criminal Lawyers’ Association Fall Convention, Toronto, 2013

Ontario Superior Court Judges’ Annual Seminar, 2013

Panelist “Ten Things to Tell Your Client in Police Custody”, Ontario Criminal Lawyers’ Association Fall Convention, Toronto, 2012

Panelist “Significant Issues in Homicide Cases”, Ontario Bar Association Annual Institute, Toronto, 2012

Instructor, Intensive Trial Advocacy Workshop, Osgoode Hall Law School, Toronto, 2012

Instructor, Ontario Crown Attorneys’ Association Summer School, Advocacy, London, 2012

Panelist, “Expert Witness Evidence”, 4th Congress, International Association of Bodily Impairment, Montreal, 2012

Panelist, “Criminal Law, Trial Procedure and Evidence”, seminar for Licensed Paralegal Association, Toronto, 2012

Halton Regional Police Services – “G.I.T, Police Testifying and The Charter”, October 27, 2010

LSUC Charter Up-Date, October 2, 2010

Provincial Prosecutor’s Seminar “Adverse Witnesses”, August 18, 2010

OCAA-CLA, Forensic Pathology Seminar, March 26-27, 2010

HCLA - Spring Social, Fighting For Civility, March 4, 2010

AAFS – Presented to Pathology Section, Denver, Col., 2009

EBMS Symposium, Denver, Col., 2009

CLA - New Lawyer’s Program, April 4, 2009
Niagara Region Law Association Seminar, Niagara Falls, “Expert Evidence”, February 28, 2009

Osgoode Hall Law School, Toronto, ON, Take Your Kids to Work Day, Moot Court, November 5, 2008

Ontario Trial Lawyers’ Association, Fall Convention, Toronto, ON, “The Art of Responding to Objections”, November 28, 2008

LSUC Charter Up-Date, October 25, 2008

Ontario Fire College, Application of Recommendations from the Goudge Inquiry on Giving Expert Testimony before the Courts, October 28, 2008

Toronto Police Service – 24/7 Lecture, October 3, 2008

Rotary Club of Burlington, “Something Else To Rant About”, August 2008

The Association of Police Educators Annual Conference, Ontario Police College, Aylmer, ON - August 2008

Burlington Law Association “Soul, Body, & Mind – Creativity” – March 23, 2008

LSUC Panel, White Collar Crime – March 1, 2008

Ontario Fire College, Giving Evidence in Court, 2007

University of Western Ontario Faculty of Law, Criminal Law Students’ Association,
“How Hollywood Can Make Us Better Advocates”, 2006

Annual Hamilton Community Prayer Breakfast, “Admirable Qualities of Character”, 2005

Hamilton St. Thomas More Lawyers’ Guild, Red Mass Breakfast, “International Issues on Wrongful Convictions”, 2005

International Association of Forensic Sciences Triennial Meeting, Hong Kong, Co-chaired panel and presented, “Wrongful Convictions, Lessons Learned: The Canadian Experience”, 2005

Panel, Examination-in-Chief and Cross-Examination of Pathologist, Forensic Pathologist Expert Witness Course, Niagara Falls, Office of the Chief Coroner, 2005

Expert Witness Advocacy:
International Association of Forensic Sciences Triennial Meeting, Vancouver, 1987

Canadian Society of Forensic Sciences, Niagara Falls, 1985

Ontario Centre of Forensic Sciences, Toronto, 1983, 2005

Professional Development, Continuing Legal Education and Publications:
Ontario Bar Association Annual Institute, on-going

Law Society of Upper Canada, Continuing Legal Education, Charter Programs, on-going

Osgoode Hall Law School and Osgoode Professional Development Program, on-going

Intensive Trial Advocacy Workshop: Team Leader, guest instructor, on-going

Hamilton Criminal Lawyers’ Association Spring Seminars, on-going

Lecturer, Centre of Forensic Science, Forensic Screening Staff, Toronto, Presenting evidence at a criminal trial, on-going

Forward to "The Law of Investigative Detention" by Alec Fiszauf, LexisNexis, Toronto, 2008

Ontario Courtroom Procedure, Mr. Justice Donald S. Ferguson, LexisNexis, 2007, 2nd Ed., 2009, 3rd Ed. 2011, Contributing Writer

“The Art and Science of Objections”, Ontario Trial Lawyers’ Association, October 1997, revised and up-dated for presentation November 2008

Demonstrator, Advocate’s Step-by-Step Guide to a Voir Dire on Voluntariness (Paper: “Statements of an Accused: Some Unanswered Questions”, revised and updated from a paper presented to Osgoode Professional Development 2004), 2007

“A Paradigm for Negotiation for Defence Lawyers”, June 2007

“Inside The Lawyers Studio: A Collection of Stories to Entertain and Educate.” Co-Author: The Hamilton Criminal Lawyers’ Association, April 2007

Group Leader, Advanced Roundtable on Criminal Law, 2005, 2007

The Six-Minute Criminal Defence Lawyer:

2011 – “Forfeiture and the C.D.S.A. – Current State of the Law”
2010 – “Common Ethical Dilemmas for Young Criminal Lawyers”
2009 – “Cross-Examination of Experts in Post-Goudge Era”
2008 –“The Goudge Inquiry and Expert Evidence: New Challenged to Old Opinions”
2007 –“A Paradigm for Negotiation for Defence Lawyers”
2006 –“Let’s Be Civil for a Few Minutes- Overlapping Issues in Related Proceeding”
2003 –“The Theory of the Defence: It Helps to be Creative”
2002 -“Cross-Examination: The One Question You Must Always Ask”
2001 –“Victim Impact Evidence: Duck Down or Defend”

Office of the Chief Coroner of Ontario, Co-Chair and Lecturer, Workshop on Forensic Pathology for Ontario Forensic Pathologists, Niagara Falls, “Expert Witness Advocacy”, 2006

“Wrongful Convictions. Lessons Learned – The Canadian Experience”, August 2005, Published in the Journal of Clinical Forensic Medicine, Vol. 13, No. 6-8, August – November 2006

Challenging the Conservative Government on Criminal Justice – Part II: “The Attack on the Conditional Sentence”, May 2006

“Running a Good Preliminary (When Permitted)”, The Law Society of Upper Canada – Six-Minute Lawyer Paper, April 2006

“Multiple Accused, Multiple Problems. Highlights of Selected Authorities and Issues”, The Law Society of Upper Canada, Criminal Workshop, April 2006

“Higher and Higher, Tougher and Tougher: Will Increased Statutory Minimum Sentences Survive s.12 of the Charter”, February 2006

“Forensic Pathology Evidence. Legal Principles and Current Issues”. Ontario Bar Association Institute of Continuing Education, January 2006

Panelist, Pathology: “What Really Caused Death” (and paper “Forensic Pathology Evidence: Legal Principles and Current Issues”), 2006

Panelist, The Defence of Sexual Assault Offences, 2006

Lawyers Weekly contributing articles:
2006 – Conditional Sentences
2006 – Statements
2005 – Forensic Science Article

Panelist, Inside the Lawyer’s Studio, 2005

Seminar Leader, Preparation for Cross-Examination in Sexual Offence Cases, 2005

Expert Witness Advocacy, August 2005

Created and Co-Chaired Charter of Rights and Freedoms Update, panelist on recent Charter decisions; 1993, 1995, 1997, 2001, 2003, 2005

Moderator, Panel, Practical Problems and Solutions in the New Preliminary Inquiry Regime, Criminal Lawyer’s Evidence Update (and present paper “Running a Good Prelim (While you Still Can)”), 2005

Practical Problems and Solutions under the New Preliminary Inquiry Regime, Criminal Evidence Update 2005, Continuing Legal Education, April 2005

“Statements of the Accused: Some Unanswered Questions”, Osgoode Hall Law School Professional Development Program, Continuing Legal Education Evidence Workshop, April 2004

Panelist, “Persuasive Advocacy in-Chief, Cross and Argument”, 2004

Evidence Workshop: “Statements of an Accused: Some Unanswered Questions”, 2004

“Practical Tips for the Courtroom for Articling Students and New Lawyers”. Criminal Court Procedure, September 2003

Ontario Criminal Lawyers Association Fall Convention, Toronto:
2001- Chair, “Myths Surrounding Physical Abuse Pathology in Children”
2000- Chair, “Managing the Difficult Client”

“Getting Maximum Impact Out of Prior Inconsistent Statements”, Hamilton Criminal Lawyers’ Association Seminar, May 2000

Ontario Criminal Lawyers Convention, “Dealing with Difficult Clients”, 2000

“Art of Cross-Examination: Getting Maximum Impact from Prior Inconsistent Statements”, June 1999

Moderator, Panel on Pre-trial Applications, “Conducting Sex Offence Trials”, 1998

Ontario Center for Advocacy Training, Learn By Doing Programs, British Columbia, Continuing Legal Education Programs, 1998

Canadian Trial Lawyers’ Association Conference, Quebec City, 1997

Presenter, Canadian Trials Lawyers’ Association, 1997 The Defence of a Fatal “Shaken Baby Syndrome” Case, Demonstration, Examination-in-Chief of an accused on drinking driving case

Guest Instructor, Ontario Crown Attorneys’ Association Summer School, Trial Advocacy, Hamilton, Sudbury and London, Ontario, on going since 1985

Advocates’ Society, Continuing Legal Education, “Civility”, 1998

Crown Attorney’s Newsletter, “Joinder and Severance of Accused and Counts” and “Obstruct Justice, Obstruct Police”, 1978

Professional Education - Related Disciplines:
Guest Lecturer, Ontario Crown Attorney’s Annual Educational Seminars

Guest Lecturer, Ontario Fire College, Midland, Fire Reconstruction and Giving Expert Testimony in Court, 2008

Guest Lecturer, Ontario Police College, Aylmer - Homicide investigation; recent Charter decisions (Association of Police Educators)

Guest Lecturer, Hamilton-Niagara Police Video Training Alliance - commentary on training video, “The 7 Sins of Cross-Examination”

Guest Lecturer, Centre for Forensic Science, Toronto - lecture series to Centre Staff on interaction with Crown, police and defence and presentation of evidence in Court

Judges and juries not bound to theories of defence, prosecution

Dec 14, 2017

Neither judges nor juries are bound to follow theories of the Crown or the defence if there is evidence that could support a conviction on a different basis than that offered by counsel, Hamilton criminal lawyer Jeffrey Manishen tells CHCH.

Ruling may result in more uniform approach to bail.

Jul 13, 2017

Jeff Manishen writes about a recent Supreme Court of Canada decision that weighs in on the subject of judicial interim release pending trial has the potential to achieve significant changes to the criminal justice system

Cases explore police role in connecting accused with counsel.

Apr 04, 2017

Several recent Ontario decisions may not only change the way in which police inform accused persons of how they can exercise the right to counsel in accordance with the Charter, but also how police may have to help implement that right, Hamilton criminal lawyer Jeffrey Manishen writes in The Lawyer’s Daily.