Mark Halfyard - Appeal Counsel

Mark Halfyard, senior appellate lawyer and certified specialist in criminal law at Daniel Brown Law in Toronto

[email protected]

Mark C. Halfyard is the senior appellate lawyer at Daniel Brown Law, with over 20 years of experience in criminal appeals. He was called to the Ontario Bar in 2005.

Background and Certification

Mark obtained his B.A. in legal studies and political science from Carleton University (2001), graduating top of his faculty. He graduated with honours from the University of Ottawa Faculty of Law (2004), and completed a clerkship with the Regional Senior Judge of the Ontario Superior Court.

The Law Society of Ontario has certified Mark as a specialist in criminal law — a designation held by fewer than 2% of criminal lawyers in the province, recognizing both experience and adherence to high standards of professional practice. He has also been recognized by Best Lawyers in Canada for Appellate Litigation and Criminal Defence.

In 2024, Mark was inducted as a Fellow of the Litigation Counsel of America, an invitation-only, peer-selected honorary society of 3,500 trial lawyers across North America — representing fewer than one in 200 of all practising lawyers. He is a member of the Litigation Counsel of America’s Trial Law Institute and Diversity Law Institute.

Appellate Practice

Mark is one of Canada’s most prolific appellate lawyers, having argued over 400 appeals at the Court of Appeal for Ontario. He also appears regularly as appellate counsel in the Superior Court of Justice and the Federal courts.

He has overturned convictions for offences including murder, sexual assault, drug trafficking and importing, impaired driving, robbery, fraud, firearms, kidnapping, and child abduction.

Supreme Court of Canada

Mark has appeared more than ten times as appellate counsel at the Supreme Court of Canada. He has argued leading cases there on the expertise of drug recognition experts (DREs), sexual assault, the right to trial within a reasonable time, mandatory minimum sentences, the constitutionality of the sexual offender registry (SOIRA), improper Crown practices in jury selection, and the presumption of innocence.

He has a particular interest in cases involving racial bias and Charter violations, and is a strong advocate for procedural fairness in the criminal justice system. Mark has also advocated for in-custody clients’ right to adequate food, the right to full and fair Crown disclosure, and against false confessions.

Writing and Teaching

Mark is the co-author of Criminal Appeals (Emond Publishing). He has published articles on criminal law and appellate practice, and is regularly consulted by the media for commentary on appellate issues — see the firm’s media coverage.

He is an adjunct professor at Osgoode Hall Law School (Criminal Law LL.M. Program) and the University of Toronto Faculty of Law (Appellate Externship Program). He has taught criminal law at Ontario Tech University with a focus on organized crime, and has taught courses on constitutional law, evidence, and oral advocacy. Mark regularly appears as a guest lecturer at legal conferences for defence lawyers, Crown counsel, and judicial continuing education programs.

Leadership and Pro Bono Work

Mark is a Toronto Director of the Criminal Lawyers’ Association (CLA), where he co-Chairs the Litigation Committee, which oversees interventions at the Supreme Court of Canada. He also Chairs the Pro Bono Inmate Appeal Program (PIAP), which assists unrepresented appellants before the Court of Appeal for Ontario, and has volunteered as review counsel for Innocence Canada.

A criminal conviction does not have to be the end of the road.

Mark can be reached by email at [email protected] or by phone at (416) 297-7200 x102.

Notable Appeals

Mark Halfyard has argued hundreds of appeals at the Court of Appeal for Ontario and has appeared more than ten times before the Supreme Court of Canada. The decisions below are a selection of his reported appellate work, organized by area; each links to the full ruling on CanLII. Most appellate wins result in a conviction being overturned and a new trial ordered, or a Charter remedy, with outright acquittals noted where they were entered.

Supreme Court of Canada

R. v. Kinamore, 2025 SCC 19 — Evidence of a complainant’s sexual inactivity is “sexual history” under s. 276 and presumptively inadmissible. Intervener, Criminal Lawyers’ Association.
R. v. Ndhlovu, 2022 SCC 38 — Mandatory and lifetime sex-offender registration (SOIRA) struck down as overbroad under s. 7. Intervener, Criminal Lawyers’ Association.
R. v. Kirkpatrick, 2022 SCC 33 — Condom use and the scope of consent to “the sexual activity in question” under s. 273.1. Intervener, Criminal Lawyers’ Association.
R. v. Morrison, 2019 SCC 15 — Landmark child-luring ruling; the s. 172.1(3) presumption of belief in age struck down as unconstitutional. Counsel for the accused.
R. v. Bingley, 2017 SCC 12 — Admissibility of Drug Recognition Expert evidence in the impaired-driving regime. Intervener, Criminal Lawyers’ Association.
R. v. Godin, 2009 SCC 26 — Leading authority on the right to be tried within a reasonable time (s. 11(b)); delay found unreasonable and the stay of proceedings restored. Counsel for the accused.

Sexual Offences

R. v. Barkouk, 2025 ONSC 4107 — Conviction overturned for a material misapprehension of the evidence.
R. v. I.M.B., 2025 ONCA 678 — Improper restriction of cross-examination; convictions quashed, new trial ordered.
R. v. D.K.S., 2024 ONSC 1865 — Conviction quashed and new trial ordered.
R. v. R.B.-C., 2024 ONCA 930 — Post-conviction sentencing delay breached s. 11(b); sentence reduced as a Charter remedy.
R. v. B.B., 2024 ONCA 788 — Misapplied Browne v. Dunn rule in the jury charge; conviction quashed, new trial ordered.
R. v. Vallotton, 2024 ONCA 492 — Jordan delay exceeded the ceiling; stay of proceedings entered.
R. v. A.B., 2024 ONCA 446 — Jury wrongly permitted to convict on a negligence standard; conviction set aside, new trial ordered.
R. v. Clyde, 2024 ONCA 113 — Historical child sexual-offence convictions set aside; new trial ordered.
R. v. U.K., 2023 ONCA 587 — Misdirection on fabricated statements as evidence of guilt; convictions set aside, new trial ordered.
R. v. Sousa, 2023 ONCA 100 — Sentence found unfit and reduced from 10 to 8 years.
R. v. S.G., 2022 ONCA 727 — Misapprehension of the complainant’s evidence; convictions set aside, new trial ordered.
R. v. N.P., 2022 ONCA 597 — Failure to consider whether the complainant’s evidence raised a reasonable doubt; conviction set aside, new trial ordered.
R. v. S.T., 2022 ONCA 443 — Released on bail pending the conviction appeal, including recognition of an out-of-province surety.
R. v. J.M., 2021 ONCA 150 — Improper reliance on personal experience and outside material; conviction set aside, new trial ordered.
R. v. Z.W.C., 2021 ONCA 116 — Improper admission of prior discreditable-conduct evidence; new trial ordered.
R. v. Phelps, 2020 ONSC 5228 — Trial judge relied on stereotypes rather than evidence; conviction set aside, new trial ordered.
R. v. Smith, 2020 ONCA 782 — Error in the W.(D.) credibility analysis; new trial ordered.
R. v. M.S., 2019 ONCA 869 — Sexual-interference conviction set aside; new trial ordered.
R. v. Ururyar, 2017 ONSC 4428 — Conviction set aside where the trial judge reasoned from academic literature rather than the evidence; the Crown did not retry.
R. v. Sahdev, 2017 ONCA 900 — No reasons for refusing to sever counts; convictions set aside, new trial ordered.
R. v. R.C., 2017 ONCA 806 — Granted bail pending appeal following an eight-year sentence.
R. v. P.G., 2017 ONCA 351 — Reasonable apprehension of bias from the trial judge’s conduct; conviction set aside, new trial ordered.
R. v. M.C., 2014 ONCA 307 — Conviction set aside; new trial ordered.
R. v. J.T., 2013 ONCA 486 — Crown sentence appeal dismissed; the favourable sentence upheld.

Child Exploitation — Luring & Child Pornography

R. v. Kwok, 2023 ONCA 458 — Misapprehension of the evidence on knowledge; convictions set aside, new trial ordered.
R. v. Allen, 2020 ONCA 664 — Child-luring convictions set aside in light of Morrison; new trial ordered.
R. v. McSweeney, 2020 ONCA 2 — Child-pornography convictions quashed; new trial ordered.
R. v. Morrison, 2017 ONCA 582 — One-year mandatory minimum for child luring struck down; Crown sentence appeal dismissed.
R. v. Farmer, 2014 ONCA 823 — Crown appeal from acquittal dismissed; acquittal upheld.

Drug Offences

R. v. Hassan, 2024 ONCA 782 — Sentence reduced after the court rejected an unproven “high-level trafficker” characterization.
R. v. Marrone, 2023 ONCA 742 — Reasonable apprehension of bias; trafficking conviction set aside, new trial ordered.
R. v. Satkunananthan, 2022 ONCA 393 — Improper ultimate-issue opinion; trafficking conviction reduced to simple possession with an absolute discharge.
R. v. Chambers, 2021 ONCA 337 — Deficient jury charge; convictions quashed, new trial ordered.
R. v. Sarjoghian, 2020 ONCA 550 — Inadmissible anecdotal expert evidence on importing; new trial ordered.
R. v. Dudhi, 2019 ONCA 665 — Leading racial-profiling decision; convictions set aside, new trial ordered.
R. v. Mayor, 2019 ONCA 578 — Lawfulness of the arrest not properly determined; conviction set aside, new trial ordered.
R. v. Chioros, 2019 ONCA 388 — Charter breach; evidence excluded and acquittals entered on all counts.
R. v. Klammer, 2017 ONCA 416 — Fentanyl-trafficking sentence reduced from 33 to 20 months. Appeared as amicus curiae.
R. v. McIntyre, 2016 ONCA 843 — Trafficking sentence reduced from eight to five years.
R. v. Sountas, 2016 ONCA 699 — Circumstantial possession case; conviction quashed and acquittal entered.
R. v. D’Souza, 2015 ONCA 805 — Conditional discharge substituted for a conviction and fine.
R. v. DeSousa, 2012 ONCA 254 — Crown sentence appeal dismissed; conditional sentence upheld.

Homicide

R. v. Colley, 2024 ONCA 524 — Reasonable apprehension of bias from judicial pressure to plead; first-degree murder convictions set aside, new trial ordered.
R. v. Merritt, 2023 ONCA 3 — First-degree murder conviction set aside on jury-charge errors; new trial ordered.
R. v. Barrett, 2022 ONCA 355 — Provocation should have gone to the jury; second-degree murder conviction set aside, new trial ordered.
R. v. Johnson, 2019 ONCA 145 — Second-degree murder conviction set aside; new trial ordered.
R. v. Dagenais, 2018 ONCA 63 — Accessory-after-the-fact-to-murder conviction set aside and acquittal entered.

Firearms & Weapons

R. v. Ahmed, 2022 ONCA 640 — Firearms convictions overturned on a misapprehension of evidence; co-accused acquitted and the client granted a new trial.
R. v. Wong, 2015 ONCA 657 — Right to counsel breached; drug and firearm evidence excluded and acquittals on all counts.
R. v. Smickle, 2013 ONCA 678 — Landmark ruling striking the three-year mandatory minimum for a loaded prohibited firearm (s. 95); on re-sentencing, no further custody imposed.

Robbery, Assault & Violent Crime

R. v. Akhi, 2022 ONCA 264 — Confused jury instructions on party liability; home-invasion convictions quashed, new trial ordered.
R. v. Yong, 2018 ONSC 6788 — Assault conviction set aside; new trial ordered.
R. v. Benjamin, 2018 ONCA 385 — Misapprehension of the evidence on self-defence; new trial ordered.
R. v. Virgo, 2016 ONCA 792 — Inadequate caution on eyewitness identification; aggravated-assault conviction set aside, new trial ordered.
R. v. McDonald, 2014 ONCA 512 — Conditional discharge substituted after the more serious conviction was set aside.
R. v. McDonald, 2013 ONCA 442 — Aggravated-assault convictions set aside; new trial ordered.
R. v. M.D., 2012 ONCA 841 — Youth’s videotaped statement wrongly admitted; robbery convictions set aside, new trial ordered.
R. v. Li, 2012 ONCA 291 — Aggravated-assault convictions set aside; new trial ordered.
R. v. Mey, 2011 ONCA 288 — Fresh evidence admitted; assault conviction set aside, new trial ordered.

Impaired & Dangerous Driving

R. v. Yoo, 2022 ONSC 1851 — Crown appeal from a dangerous-driving acquittal dismissed; acquittal stands.
R. v. Dickson, 2021 ONSC 6374 — Right-to-counsel issue unresolved at trial; conviction overturned, new trial ordered.
R. v. Stipo, 2019 ONCA 3 — Crown/police appeal dismissed; defence disclosure of the Drug Recognition Expert’s records upheld.
R. v. Higgins, 2018 ONCA 451 — Crown appeal from an acquittal on dangerous driving causing bodily harm dismissed.
R. v. Kahl, 2015 ONCA 255 — Misapprehension of evidence on an alternative drinking scenario; conviction quashed, new trial ordered.
R. v. Middleton, 2012 ONCA 523 — Crown sentence appeal dismissed; sentence upheld.

Charter, Evidence & Procedure

R. v. Ranjbaran, 2020 ONSC 3809 — Conviction for assault causing bodily harm quashed; new trial ordered on that count.
R. v. R.S., 2019 ONCA 906 — Accused who elected and requested a preliminary inquiry before the Bill C-75 amendments retained that right.
R. v. Nicevski, 2013 ONCA 435 — Fresh toxicology evidence admitted; conviction set aside, new trial ordered.
R. v. Berbeck, 2013 ONCA 241 — Crown appeal from an acquittal dismissed; acquittal upheld.
R. v. Turner, 2012 ONCA 570 — Order committing the accused for trial quashed; the preliminary-inquiry discharge reinstated.
R. v. Bains, 2012 ONCA 305 — Cumulative evidentiary errors; conviction set aside, new trial ordered.

Sentence Appeals

R. v. Psarros, 2021 ONCA 706 — Sentence reduced. Appeared as duty counsel.
R. v. Chumbley, 2020 ONCA 474 — Fresh evidence of exceptional pre-sentence custody; sentence reduced to time served.
R. v. M.R., 2017 ONCA 985 — Suspended sentence replaced with a conditional discharge.
R. v. Barnett, 2017 ONCA 897 — Crown sentence appeal dismissed; broad approach to pre-sentence custody credit upheld.
R. v. Jafarian, 2014 ONCA 9 — Criminal-harassment sentence reduced.
R. v. Ellis, 2013 ONCA 739 — Custodial sentence replaced with a conditional sentence.
R. v. Schumacher, 2012 ONCA 513 — Sentence reduced after the trial judge departed from a joint submission.
R. v. Tookhi, 2012 ONCA 90 — Restitution order reduced on fresh evidence.