Nader R. Hasan

Practice Areas

Nader practises criminal, regulatory and constitutional law at the trial and appellate levels.  He defends clients accused of criminal misconduct in a variety of cases, including 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.

Nader has been recognized by Best Lawyers magazine as one of Canada’s leading lawyers in five different categories. 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. In 2020, Canadian Lawyer magazine named him one of Canada’s Top 25 Most Influential Lawyers.

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, appearing in both New York State and U.S. federal courts.  Today, 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. He sits on the board of the Canadian Civil Liberties Association.

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.

 

 

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Representative Work

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. IpeeleeR. v. Ladue, [2012] S.C.J. No. 13 (sentencing of Aboriginal offenders)

Courts of Appeal

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)
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Additional Info

Awards and Recognition

  • Canadian Lawyer – Top 25 Most Influential Lawyers (2020)
  • Best Lawyers Canada – Criminal Defence (2020, 2021); Appellate Practice (2017, 2018, 2019, 2020, 2021); Indigenous Law (2018, 2019, 2020, 2021); Administrative and Public Law (2021); Privacy and Data Security Law (2021)
  • Lexpert Legal Dictionary – Regulatory and Public Law, “Consistently  Recommended” (2019, 2020); Rising Star (2018)
  • Benchmark Litigation  Litigation Star (2020, 2021); Emerging Talent Award (2020); Under 40 “Hotlist” (2017, 2018, 2019)
  • University of Toronto, Faculty of Law  Wilson Prichard Award for Community and Professional Service (2020)

Publications

  • A Step Forward or Just a Sidestep?  Year 5 of the Supreme Court of Canada in the Digital Age” (2015), 68 S.C.L.R. 439.
  • “Can We Learn from the Americans?  A Cross-Border Perspective on Jury Selection” (October 2015), 36:2 For the Defence.
  • “Let’s Get Digital: The Constitutional Right to Privacy in the Virtual World” (October 2, 2015), Ontario Bar Association (Conference Paper).
  • “R. v. Vu: The Right to Digital Privacy and the Need for Search Protocols” (March 2014), 35:1 For the Defence.
  • “Three Theories of ‘Principles of Fundamental Justice’” (2013), 63 S.C.L.R. (2d) 339.
  • “Corruption of Foreign Public Officials Act and Canada’s Expanding Jurisdiction Under the ‘Real and Substantial Link’ Test” (November 2012), 1:4 Commercial Litigation and Arbitration Review (co-authored with Gerald Chan).
  • R. v. Ipeelee; R. v. Ladue: Revisiting Aboriginal Sentencing Principles Thirteen Years After R. v. Gladue (June 2012), 33:3 For the Defence.
  • Sentencing, 8th edition (LexisNexis, 2012) (with Clayton Ruby and Gerald Chan).
  • “How Blair Defused the Anti-War Movement” (26 March 2003), Wall Street Journal Europe.
  • “Jihad and Veritas” (5 June 2002), New York Times.

Selected Presentations and Conferences

  • “Prior Consistent Statements After R. v. Khan”,  Law Society of Upper Canada and Criminal Lawyers’ Association, “The Six-Minute Criminal Lawyer” (April 14, 2018)
  • “The Duty to Consult and Accommodate”, Osgoode Professional Development Annual Conference on Crown Liability (March 21, 2018)
  • “Ethical Issues in Bail”, Justice of the Peace Education (March 7, 2018)
  • “Tech Device Searches: Current and Legal Issues”, 15th National Symposium on Search and Seizure Law in Canada (November 17, 2017)
  • “The Courts SLAPP Back: How Judges Are Interpreting SLAPP Legislation”, Canadian Media Lawyers Association Annual Conference (November 4, 2017)
  • “Managing the Record and Resources for the Supreme Court of Canada Advocate”, Advocates’ Society Annual Conference on Supreme Court of Canada Advocacy (October 20, 2017)
  • “Ethical Issues in Bail Hearings,” Law Society of Upper Canada (September 13, 2017)
  • “Digital Privacy at the Border,” Canadian Bar Association, Annual Immigration Law Conference (June 10, 2017)
  • “Building a Cross-Border Practice,” Law Society of Upper Canada, Annual Small Firm and Solo Practitioner Conference (June 8, 2017)
  • “Environmental Law and Co-Governance”, Canadian Bar Association Annual Conference on Aboriginal Law (June 1-2, 2017)
  • “Sexual Assault and the Charter,” Ontario Bar Association,  15th Annual Charter Conference, (October 6, 2016)
  • “Proportionality and Discretion in Sentencing,” Law Society of Upper Canada, Annual Conference on Criminal Law and the Charter (September 17, 2016)
  • “Section 8 of the Charter and Digital Evidence” Law Society of Upper Canada and Criminal Lawyers’ Association, Annual “The Six-Minute Criminal Lawyer” (April 9, 2016)
  • “Crown Liability and Charter Damages,” Philippe Kirsch Institute, Annual Conference, (November 27, 2015)
  • “Notable Charter Advances in Criminal Law”, Ontario Bar Association, Annual Conference on the Canadian Charter of Rights and Freedoms (October 2, 2015)
  • “Winter is Coming: A New Era of Enforcement Under the Corruption of Foreign Public Officials Act (CFPOA)?” Federation of Asian Canadian Lawyers, Annual Conference (September 26, 2015)
  • “Current Issues in the Law of Search and Seizure”, Ontario Justice Education Network, Annual Conference (August 25, 2015)
  • “Mr. Big and Big Brother: Developments in Police Powers”, Osgoode Hall Law School, Annual Conference on Constitutional Cases (April 6, 2015)
  • “Searching Smartphones,” Law Society of Upper Canada, Continuing Professional Development Program (May 4, 2013)
  • “Section 7: History, Theory, Doctrine”, Osgoode Hall Law School, Annual Conference on Constitutional Cases (April 12, 2013)

Teaching & Speaking Engagements

  • Adjunct Professor, University of Toronto, Faculty of Law (Crime & Punishment) (2010-present)
  • Adjunct Professor, University of Toronto, Faculty of Law (Appellate Criminal Litigation Externship) (2015-present)
  • Adjunct Professor, University of Toronto, Faculty of Law (Evidence) (2015)

Associations

  • Advocates’ Society
  • Criminal Lawyers’ Association
  • American Bar Association
  • Canadian Bar Association
  • Member, New York Bar
  • Member, U.S. Court of Appeals for the Second Circuit Bar
  • Member, Southern District of New York Bar
  • Member, Eastern District of New York Bar
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