Effective representation in criminal law, regulatory defence, and disciplinary matters.

ABOUT MELANIE

Ms. Webb’s practice is primarily devoted to criminal law at the trial and appellate levels. She also represents clients on regulatory and disciplinary matters.

Ms. Webb graduated from McMaster University in 2002 with an Hons. B.Sc. and a Diploma in Music Performance. She received her M.A. from Wilfrid Laurier University in 2004 and her law degree from the University of Toronto in 2007. She articled for Alan D. Gold, and was called to the bar in 2008. After a brief period at Legal Aid Ontario, Ms. Webb worked with Leo Adler from 2009 to 2012, and then rejoined Mr. Gold’s office, where she continued practicing law from 2012 through to the end of 2016.

 

Throughout her career as a lawyer, Ms. Webb has not only worked alongside senior counsel on complex cases, but has also defended a wide array of matters as sole counsel of record. Her breadth of experience includes the most serious offences in the Criminal Code at trial and appellate levels.  She has represented clients on murder, criminal organization, and large-scale drug prosecutions.

Over the past decade, Ms. Webb has successfully argued cases at all levels of Court in Ontario, as well as out of province.  She has also represented individuals before a variety of tribunals and commissions.

 

Ms. Webb has chaired continuing professional development programs for the Ontario Bar Association and has spoken at professional and educational events. Since 2013, she has served as an executive member of the Ontario Bar Association, Criminal Justice Section and presently fills the office of Secretary. She is also a long-standing member of the Criminal Lawyers’ Association.

 

Ms. Webb also sits on the Board of Directors of Breakaway Addiction Services—a non-profit charitable organization committed to reducing harm and enhancing the health of people with addiction issues.

“Strong and effective advocacy requires full commitment. Ensuring the best possible outcome in every case is the priority. A client should expect a focused, efficient, and thorough defence with me as their lawyer."

 

— Melanie J. Webb

PRACTICE AREAS

Investigations & Advice

 

It is advisable to retain counsel for advice during the course of an investigation, before charges have been laid.

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    Effective representation will ensure the preservation of evidence that may be critical to the defence, protecting the rights of the individual or corporation under investigation and, in some cases, may successfully avoid the laying of charges entirely.

Trials

 

A proper defence originates from a full understanding of the essential elements of the offence alleged. This begins with the wording of the charge and can expand to a wide array of issues.

Appeals

 

An accused may wish to appeal from conviction, sentence, or both.

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    Ms. Webb has extensive experience representing clients on appeal in both the Superior Court of Justice and the Ontario Court of Appeal. She has also prepared several applications for leave to appeal to the Supreme Court of Canada.

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    Ms. Webb has defended individuals on trial since she was a law student at her university legal clinic. Her experience representing clients at trials and preliminary inquiries over the course of a decade has made her a forceful and persuasive advocate—both inside and outside the courtroom.

Extradition & Mutual Legal Assistance

 

When an individual is accused of crimes in another country, and the requesting State seeks to extradite the accused from Canada to face  charges, he/she is entitled to a hearing to challenge committal for extradition.

Professional Discipline & Regulatory Matters

 

Ms. Webb has represented clients before various professional discipline bodies and tribunals, including the Law Society of Upper Canada, the Toronto Police Service Tribunal, and the Ontario Civilian Police Commission.

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    Ms. Webb has represented clients in several extradition matters for serious offences including murder, and is well-versed with the relevant statutory provisions and procedure.

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    She has also defended clients charged with regulatory offences, including breaches of the Ontario Securities Act, Occupational Health and Safety Act, and Environmental Protection Act, as well as driving-related offences contrary to the Highway Traffic Act.

RETAINING COUNSEL

Being criminally charged and facing the prospect of conviction can be an overwhelming experience. It can also have a severe impact on several aspects of one’s life: employment, immigration status, family relationships, and reputation, to name a few.

 

It is therefore critical to retain an experienced lawyer who will move swiftly on behalf of the accused, and take all steps necessary to construct a sound defence. This may include:

 

  • Multiple meetings with the client, whether in or out of custody (if detained in custody, visiting the jail)
  • Conducting witness interviews
  • Visiting the site of relevant events to take photos and video, and make observations
  • Collecting evidence that may be important for establishing timelines, corroborating the client’s account, or challenging the prosecution witnesses’ version of events (e.g.: phone records, text messages, emails and other forms of electronic communications, receipts, banking records, medical records, social media content, etc.)
  • Requesting the preservation of evidence which may be in the possession of third parties, such as surveillance video
  • Communicating with the police, Crown, jail, insurance companies, hospital and other health care professionals, counsel in concurrent proceedings, and other persons and various other measures, all of which is often necessary well before the first court appearance.

As a tireless and committed defender, Ms. Webb prides herself on her dedication to her clients’ best interests. Known for her organized and methodical approach to her cases, she makes use of all available resources to mount a full and vigorous defence.

CASES

Below is a selection of some of the many criminal matters in which Ms. Webb has secured successful outcomes for her clients.

  • Homicide, kidnapping

    Murder Appeal (R. v. R.H.)
    Appeal against conviction and sentence for murder. Appeal allowed: new trial ordered. Bail pending new trial granted, while opposed by the Crown.

    Accessory to Murder Charge (R. v. M.T)
    Accused’s charge of accessory after the fact to murder withdrawn.

    Kidnapping Charges (R. v. J.G.)
    Accused acquitted of kidnapping and forcible confinement.

  • Sexual assault

    Sexual Assault Charge (R. v. M. R.)
    Accused acquitted of all counts of sexual assault and simple assault involving multiple complainants.

    Sexual Assault Charge (R. v. M. V.)
    Appeal against conviction for sexual assault allowed.

    Sexual Assault Charge (R. v. H. L.)
    Accused acquitted of sexual assault.

    Voyeurism and Related Charges (R. v. J. J.)
    Several counts of voyeurism, mischief, and unlawful use of computer withdrawn.

  • Guns

    Possession of Firearm Charges (R. v. R.B.)
    Accused’s multiple charges of unauthorized possession of firearm, theft, possession of break-in instruments, and possession of property obtained by crime withdrawn after demonstration of serious Charter issues.

    Possession of Firearm Charges (R. v. K.R.)
    Accused’s multiple firearms-related charges withdrawn.

    Possession of Firearm Charges (R. v. A.L.)
    Accused’s multiple firearms-related charges withdrawn.

  • Drugs

    Drug Possession and Related Charges (R. v. X.Y.)
    Accused’s multiple drug and proceeds of crime charges, and other related offences, withdrawn mid-trial.

    Drug Possession Charges (R. v. K.D.)
    Accused’s charge of possession of cocaine withdrawn after demonstration of serious Charter issues.

    Drug Trafficking Charges (R. v. K.P.)
    Accused’s charge of trafficking heroin withdrawn.

    Drug Possession and Related Charges (R. v. R.F.)
    Accused’s multiple drug and property-related offences stayed.

    Marijuana Production Charges (R. v. G.M.)
    Accused’s charges of production of marijuana (grow-op) and mischief over $5000 withdrawn.

  • Assault

    Assault Charges (R. v. M.S.)
    Accused acquitted of multiple charges of assault with weapon, assault, weapons dangerous, utter threat.

    Assault Charge (R. v. R.S.)
    Accused’s charges of assault with weapon and breach of peace bond withdrawn.

    Aggravated Assault and Criminal Negligence Charges (R. v. M.S.)
    Accused acquitted of aggravated assault, criminal negligence cause bodily harm.

  • Fraud

    Fraud Charges (R. v. B.C.)
    All of the accused’s charges in a moderately large fraud case withdrawn.

  • Obstruction of justice

    Obstruction of Justice and Related Charges (R. v. C.C.)
    Accused’s charges of obstruction of justice, intimidation of a justice system participant X 3, and utter threat withdrawn after preliminary hearing.

  • Robbery, theft, break & enter

    Theft and Related Charges (R. v. N.C.)
    Accused’s charges of theft over, assault resist, and other charges withdrawn.

    Robbery and Drug Possession Charges (R. v. V.K.)
    Accused’s multiple charges of robbery X 2, possession of marijuana for the purpose of trafficking, obstruct peace officer and failure to comply X 3 withdrawn.

    Break & enter (R. v. R.M.)
    Appeal against conviction and sentence for several break & enter offences. Appeal allowed:  new trial ordered.

  • Driving-related offences

    Impaired Driving Charge (R. v. I.K.)
    Accused’s charge of impaired driving withdrawn following demonstration of serious Charter issues.

    Stunt Driving Conviction (R. v. E.B.)
    Accused’s conviction for stunt driving overturned on appeal; charge withdrawn.

    Stunt Driving Charges (R. v. S.S.)
    Accused’s charge of stunt driving withdrawn.

  • Sentencing

    Drug Trafficking Sentence (R. v. M.R.)
    Crown asked for a penitentiary sentence for an accused convicted of trafficking heroin. Following submissions, accused given a suspended sentence (no prison time).

    Drug Trafficking Sentence (R. v. J.F.)
    Accused’s charge of trafficking cocaine was withdrawn after a plea to simple possession. Accused served no jail-time.

  • Bail

    Ms. Webb has conducted countless bail hearings. She has been successful in securing release for offences ranging from guns to kidnapping to murder. She is also well-experienced in preparing and arguing applications for bail pending appeal and has succeeded in obtaining bail for an applicant seeking leave to appeal to the Supreme Court of Canada.

PUBLICATIONS

Criminal Practice Primer: How to get bail pending appeal

CONTACT

Melanie J. Webb | Barrister

Simcoe Chambers

116 Simcoe Street, Suite 100

Toronto, Ontario  M5H 4E2

 

Office: (416) 323-3242

Fax:  (416) 596-2598

E-mail: melanie@mjwlaw.ca

 

 

You may also contact Ms. Webb using the form below.

 

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