Daniel Santoro

Direct: (416) 922-7272
Office:
(416) 977-7900
Fax: (416) 342-1766
santoro@dsflitigation.com

Daniel Santoro obtained his B.A. from the University of Toronto in 2003, and his LL.B. from Osgoode Hall Law School in 2006. After articling for Clayton Ruby and Marlys Edwardh, he was called to the Bar of Ontario in 2007. Since then he has practiced primarily in the area of criminal trials and appeals, with a focus on litigation under the Charter of Rights and Freedoms. 

See Credentials

Appeals

  • R. v. B.D., 2016 ONCA 673 – Successful appeal of sexual assault convictions as court finds that “the fairness of this trial was compromised.” Convictions quashed, new trial ordered.
  • R. v. Van Eindhoven, 2016 NUCA 3 – Successful appeal of second degree murder conviction as court describes the convictions as a “miscarriage of justice.” Conviction quashed, new trial ordered.
  • R. v. Lapps2016 ONCA 142 – Successful appeal of convictions for importing 8kg cocaine. Convictions quashed, new trial ordered.
  • R. v. Johnson, 2016 ONCA 654 – Successful appeal of convictions for production of marijuana. Convictions quashed, new trial ordered.
  • R. v. Chemama, 2016 ONCA 579 – Acting as amicus curiae, convictions for counselling perjury and attempting to obstruct justice were overturned.
  • R. v. Wu2015 ONCA 792 – Successful appeal of convictions for trafficking multiple kilograms of ecstasy. Convictions were set aside and acquittals entered.
  • R. v. Alexander2015 ONCA 157 – Successful appeal of several serious convictions for kidnapping and robbery with a firearm.  Convictions set aside and new trial ordered.
  • R. v. Bui2014 ONCA 614 – Successful appeal of convictions for possession of a loaded firearm and production of marihuana.  Acquittals were entered on the firearm charges, and a new trial ordered on the marihuana charges.
  • R. v. Gibbons, 2014 ONSC 4269 – Successful appeal against conviction for disobeying a court order.
  • R. v. Gibbons, 2012 SCC 28 ‐ Argument at the Supreme Court of Canada for a narrow interpretation of the offence of disobeying a court order contained in s. 127 of the Criminal Code.

Constitutional Decisions

  • R. v. Rawlings2015 ONSC 2415 – Stay of proceedings ordered on charges of trafficking 1 kg of cocaine and possession for the purpose of trafficking 1 kg ketamine due to “Charter breaches … so extensive that the prosecution of charges must be stopped.”
  • R. v. Aravena (2015), 323 C.C.C. (3d) 54 (Ont. C.A.) – Court of Appeal rules that s. 7 of the Charter of Rights and Freedoms requires that duress be available as a defence to those charged as parties to murder.
  • R. v. Madahbee-Cywink (2015), 124 O.R. (3d) 431 (S.C.J.) – Challenge pursuant to s. 11(d) of the Charter alleging under-representation of on-reserve aboriginals on the jury roll on Manitoulin Island.
  • Trinity Western University v. Law Society of Upper Canada (2015) 126 O.R. (3d) 1 (Div. Ct.) – freedom of association argument per s. 2(d) of the Charter advanced for an intervenor on this judicial review.
  • R. v. Gibbons (2015), 12 O.R. (3d) 751 (S.C.J.) – argument that an injunction issued on consent of the parties does not apply to non-parties who did not consent and did not participate in the process leading to the injunction.
  • R. v. Gibbons (2015), 318 C.C.C. (3d) 261 (C.A.) – constitutional challenge to s. 127 of the Criminal Code on division of powers and Charter grounds.
  • R. v. Sheridan et. al. (2010), 224 C.R.R. (2d) 308 (Ont. S.C.J.) ‐ Successful constitutional challenge to s. 17 of the Criminal Code on the grounds that it violated s. 7 of the Charter, allowing client to plead the defence of duress on a charge of second degree murder.
  • R. v. Named Person, [2009] O.J. No. 5629 (Ont. S.C.J.) ‐ This person was charged with importing over 1kg of cocaine through Pearson Airport. After uncovering a serious police abuse of his client’s rights, the Crown stayed all charges, and the court ordered remedies for the violations of s. 7 of the Charter.

Trials

  • R. v. H.N. (2016 Ont. S.C.J.) – H.N. was charged with second degree murder, but ultimately found Not Criminally Responsible due to mental disorder per s. 16 of the Criminal Code.
  • R. v. T.L. (2015 Ont. S.C.J.) – After committal to stand trial on first-degree murder was quashed on a certiorari application (2015 ONSC 1247), the second-degree murder charge was resolved as a manslaughter at the completion of the Crown’s case after 20 days of trial.
  • R. v. A.V.E. (2016 Nu.C.J.) – Second degree murder charge resolved as a manslaughter and A.V.E. was released from custody after receiving a sentence of time-served.
  • R. v. Kanagarajah et. al.2012 ONCJ 636 – H.N. was charged along with five others with dozens of charges, including participation in a criminal organization, fraud over $5000, conspiracy to commit fraud, and possession of counterfeit mark. After a 28 day trial in which 47 witnesses were called and thousands of pages of documentary evidence was filed, Mr. Santoro’s client H.N. was the only accused acquitted of all charges.
  • R. v. M.A. (Ont. C.J. 2012) – M.A. was charged with forcible confinement, impersonating a police officer, and uttering threats. M.A. was acquitted after trial.
  • R. v. A.S. (Ont. S.C.J. 2009) ‐ S. was charged with aggravated assault, a stabbing. Mr. Santoro represented S. in the Superior Court of Justice where he was acquitted after trial.
  • R. v. N.M. (Ont. C.J. 2009) ‐ M. was charged with robbery. M. was acquitted after the trial judge found that the photo line-up identification procedure used was flawed.