Janani Shanmuganathan

Janani Shanmuganathan has a Bachelor of Arts and a Masters degree in Criminology as well as her law degree from the University of Toronto. Prior to joining Erin Dann Barrister, Janani articled at Greenspan Humphrey Lavine (now Greenspan Humphrey Weinstein) and went on to oversee the appellate practice of Derstine Penman, Criminal Lawyers.

Janani practices at both the appellate and trial levels. She has experience before the Ontario Court of Appeal, the Saskatchewan Court of Appeal and the Supreme Court of Canada. Most notably, she was co-counsel for the Respondent in R. v. Nur, the case which found unconstitutional the three-year mandatory minimum sentence for possession of a firearm. Janani also conducts trials at the Ontario and Superior Courts of Justice. She was co-counsel on two homicide trials, both resulting in acquittals and one involving a Mr. Big operation. She also represents individuals in regulatory proceedings (e.g. discipline proceedings before the Law Society of Upper Canada) and is a frequent lecturer at continuing legal education seminars.

Notable Cases

  • R. v. Chen, 2017 ONSC 4083
  • R. v. Allen, 2017 ONSC 3678
  • R. v. Nicholson, 2017 ONCA 3
  • R. v. Omar, 2016 ONSC 3337
  • R. v. Lloyd, 2016 SCC 13
  • R. v. Sawh, 2016 ONCA 2776
  • R. v. Lapple, 2016 ONCA 289
  • R. v. Darteh, 2016 ONCA 141
  • R. v. Van Every, 2016 ONCA 87
  • R. v. Hussain, 2015 ONSC 7115
  • R. v. Nur, 2015 SCC 15
  • R. v. Marshall, 2015 ONCA 692
  • R. v. Aden, 2015 SKCA 59
  • R. v. Aravena, 2015 ONCA 250
  • R. v. Stromberg, 2015 ONCA 121
  • R. v. C.H., 2014 ONSC 6577
  • R. v. Jefferson, 2014 ONCA 434
  • R. v. Sadikov, 2014 ONCA 72
  • R. v. Nur, 2013 ONCA 677
  • R. v. Curry, 2013 ONCA 420

Publications and Presentations

  • Osgoode Professional Development, “Courtroom Testimony: A Practical Skills Workshop for Police and Other Law Enforcement Professionals”, Panelist, 2018 (forthcoming)
  • “Excuse Me, Are you the Tamil Interpreter?”, For the Defence, Criminal Lawyers’ Association Newsletter
  • Federation of Asian Canadian Lawyers, 11th Annual Conference and Gala, “R. v. Jordan and Delays in the Criminal Justice System”, Panelist, 2017
  • Annual Duty Counsel Conference, “Race and Criminal Justice”, Panelist, 2017
  • Criminal Lawyers’ Association Recent Call Seminar, “Practice of Criminal Appeals”, Panelist, 2017
  • Supreme Court Law Review, “ v. Nur: A Positive Step but not the Solution to the Problem of Mandatory Minimums in Canada”, 2nd Series, Vol. 76
  • 19th Annual Constitutional Cases Conference, Osgoode Hall Law School, “The Boundaries of Criminal Law”, Panelist, 2016
  • “R. v. Nur: The Supreme Court Listened, Even if Harper Hasn’t”, For the Defence, Criminal Lawyers’ Association Newsletter
  • “Mandatory Minimums: An Update”, Toronto Law Journal, July 2015
  • Criminal Lawyers’ Association, Women in Criminal Law Conference, “Recent Appellate Decisions”, Panelist, 2015
  • “Breakthrough in Mandatory Minimum Sentences”, with Dirk Derstine, For the Defence, Criminal Lawyers’ Association Newsletter
  • “Provocation Post- Mayuran”, For the Defence, Criminal Lawyers’ Association Newsletter
  • “Bail in Murder Cases”, with David Humphrey, Ontario Bar Association
  • “The Overrepresentation of Aboriginal Offenders in Prison: A Focus on Post-Incarceration”, National Judicial Institute