Nader R. Hasan

Nader practises criminal, regulatory and constitutional law at the trial and appellate levels.  He defends clients accused of white-collar crime (fraud, money laundering, foreign corruption), violent offences (homicide, terrorism, sexual assault), drug offences, and professional misconduct.  He has an expertise in digital privacy law and search and seizure law, and has appeared in many of the leading cases in this area.

He has appeared in more than 20 cases at the Supreme Court of Canada, including as lead counsel to the successful appellants in Clyde River v. Petroleum Geo‑Services Inc., 2017 SCC 40, a landmark Indigenous rights decision.

Nader is a veteran Adjunct Professor at the University of Toronto, Faculty of Law, where he has taught the Law of Evidence and currently teaches a popular class on crime and punishment. He also serves on the Advisory Board of UofT’s David Asper Centre for Constitutional Rights and is a past Constitutional Litigator- in-Residence at the Asper Centre (2020).  Nader is a co-author of Search & Seizure (Emond Publishing, 2021), a co-author of Sentencing, 9th edition (LexisNexis, 2017), a co-author and co-editor of Digital Privacy: Criminal, Civil and Regulatory Litigation (LexisNexis, 2018), and author of numerous articles on criminal and constitutional law.

Nader brings a cross-border perspective to his practice. He previously practised with a leading litigation firm in New York.  He regularly advises Canadian citizens in relation to criminal and regulatory issues with a multi-jurisdictional dimension, and regularly advises Canadians detained abroad.

Nader acts regularly for clients seeking to vindicate their constitutional rights in high-profile cases.  He has acted for the wrongfully convicted and asylum seekers.  He acts for Indigenous groups and environmental NGOs in environmental and constitutional cases.  He also acts for civil liberties groups, including the Criminal Lawyers’ Association, the British Columbia Civil Liberties Association, and the David Asper Centre for Constitutional Rights.

Nader is a graduate of Harvard University (B.A.), the University of Cambridge (M.Phil), and the University of Toronto, Faculty of Law (J.D.).  Upon graduation from law school, Nader clerked for the Honourable Marshall Rothstein of the Supreme Court of Canada.

 

 

 

 

 

Supreme Court of Canada

• R. v. S.H., 2020 SCC 3 (authentication of digital evidence)
• Canada (Public Safety and Emergency Preparedness) v. Chhina (availability of writ of habeas corpus to immigration detainees)
• Orphan Well Association v. Grant Thornton Ltd., [2019] S.C.R. 150 (federal paramountcy doctrine)
• R. v. Culotta, [2018] 3 S.C.R. 597 (scope of s. 24(2) of the Charter)
• Clyde River (Hamlet) v. Petroleum Geo‑Services Inc., 2017 SCC 40 (Crown’s duty to consult Indigenous groups in National Energy Board proceedings)
• R. v. Peers, 2017 SCC 13 (whether certain Securities Act offences trigger the right to a jury trial).
• R. v. Safarzadeh-Markhali, 2016 SCC 14 (constitutional challenge to the Truth in Sentencing Act).
• World Bank Group v. Wallace, 2016 SCC 15 (waiver of international immunity under the Corruption of Foreign Public Officials Act).
• R. v. Smith, [2015] S.C.J. No. 34 (constitutionality of medical marijuana legislation)
• R. v. Nur, [2015] S.C.J. No. 15 (constitutionality of mandatory minimum sentence for firearms possession)
• R. v. Fearon, [2014] S.C.J. No. 77 (lawfulness of warrantless searches of cell phones)
• R. v. Sipos, [2014] S.C.J. No. 47 (rules for fresh evidence in dangerous offender proceedings)
• Canada (Citizenship and Immigration) v. Harkat, [2014] S.C.J. No. 37  (constitutionality of security certificates)
• R. v. Vu, [2013] S.C.J. No. 60 (constitutional limits of police search and seizure of computers)
• R. v. Yumnu, [2012] S.C.J. No. 73; R. v. Emms, [2012] S.C.J. No. 74; R. v. Davey, [2012] S.C.J. No. 75 (jury vetting by the Crown and the police)
• R. v. Cole, [2012] S.C.J. No. 53 (searches of workplace computers)
• R. v. Prokofiew, [2012] S.C.J. No. 49 (right to silence at trial)
• R. v. Ipeelee; R. v. Ladue, [2012] S.C.J. No. 13 (sentencing of Aboriginal offenders)

Courts of Appeal

• R. v. Ali, 2019 ONCA 1006 (Ont. C.A.) (interpretation of the Criminal Code’s anti-terrorism provisions)
• Re Ali, 2019 ONCA 602 (Ont. CA.) (review of the Ontario Review Board’s disposition order)
• R. v. Patel, 2017 ONCA 702 (Ont. C.A.) (party liability for homicide)
• R v. W.D., 2019 ONCA 120 (adequacy of jury instructions on assessing credibility)
• R. v. Saikaley, 2017 ONCA 374 (Ont. C.A.) (constitutionality of cell phone searches at the border)
• Hamlet of Clyde River et al v. TGS-NOPEC Geophysical Company ASA et al, Court File No. A-354-14 (F.C.A.) (argued on April 20, 2015) (judicial review of seismic testing permit)
• Wall v. Ontario (Office of the Independent Police Review Director) (2014), 123 O.R. (3d) 574 (C.A.) (OIPRD’s failure to investigate police misconduct during G20 summit)
• Forest Ethics Advocacy Assn. v. Canada (National Energy Board), [2014] F.C.J. No. 1089 (C.A.) (constitutional challenge to National Energy Board’s process)
• Hartley v. Cunningham (2013), 118 O.R. (3d) 288 (Ont. C.A.) (interpretation of Forestry Act)
• R. v. D.B., [2013] O.J. No. 4365 (C.A.) (proper use of hearsay statements when admitted for “narrative”)
• Magder v. Ford, [2013] O.J. No. 6298 (Div. Crt)) (Mayor of Toronto’s violations of the Municipal Conflict of Interest Act)
• R. v. Jiwa, [2012] O.J. No. 3721 (C.A.) (sentencing in involuntary manslaughter cases)

Superior Court of Justice

• C.M. v. York (Regional) Police, [2019] O.J. No. 6317 (Div. Crt) (interpretation of the Police Record Checks Reform Act)
• R. v. Safdar, [2018] O.J. No. 6328 (S.C.J.) (right to a speedy trial pursuant to s. 11(b) of the Charter)
• R. v. Safdar, [2018] O.J. No. 6328 (S.C.J.) (application of the rule from Browne v. Dunn)
• Alford v. Law Society of Upper Canada, 2018 ONSC 4269 (jurisdiction of the Superior Court of Justice to hear application for judicial review)
• Rizvee v. Newman, [2017] O.J. No. 3522 (S.C.J.) (motion to dismiss defamation claim under anti-SLAPP legislation)
• R. v. M.J., [2016] O.J. No. 3177 (S.C.J.) (constitutional challenge to mandatory minimum sentence)
• R. v. Patel, [2014] O.J. No. 2125 (S.C.J.) (for-cause screening of jurors and admissibility of post-offence conduct)
• R. v. Akbari, [2014] O.J. No. 4222 (S.C.J.) (sentencing in historical sex assault)

Ontario Court of Justice

• R. v. Ghadaki, [2018] O.J. No. 7092 (C.J.) (Provincial Offences Act by-law prosecution)
• R. v. Coldin, [2012] O.J. No. 1009 (C.J.) (constitutional challenge to s. 174 of the Criminal Code)

U.S. Courts

• Lopez v. Zenk, No. 06-CV-4601 (RJD) (E.D.N.Y. 2008) (obtained settlement for prisoner who was assaulted by prison guards)
• People v. Days, 26 Misc.3d 1205(A) (N.Y. Co. Ct. 2009) (obtained new trial for accused convicted of murder)
• Lopez v. Terrell, 697 F. Supp. 2d 549 (S.D.N.Y. 2010) (calculation of Good Conduct Time credit)