Graeme is widely recognized as one of Canada's leading white collar criminal defence practitioners. He has been counsel in several of the most notable white collar and regulatory investigations and prosecutions in recent Canadian history, defending corporations and individuals in landmark cases involving allegations of bribery and corruption, tax evasion, anti-money laundering and securities law violations. In addition, Graeme is frequently retained by companies to conduct internal investigations and instructed in related civil litigation.
Graeme additionally specializes in international trade law, where his practice encompasses litigation, investigations, transactional advice and compliance advice in regard to economic sanctions, export controls, customs laws, trade remedies, and anti-corruption laws. Graeme regularly acts for Canadian and multinational companies in litigation before the Federal Court and the Canadian International Trade Tribunal; in audits, inspections and administrative proceedings conducted by the Canada Border Services Agency; and with respect to trade law issues implicated in domestic and cross-border transactions.
Graeme also has substantial and varied public law experience. He represents and advises public sector organizations, professional regulatory bodies and private sector clients on a range of administrative and constitutional law issues, and has appeared before numerous administrative tribunals and on judicial reviews before the provincial superior courts and the Federal Court. His notable cases include precedent-setting matters concerning freedom of the press, the open court principle, the application of the Charter to regulatory investigations, and the scope and limits of judicial oversight over administrative bodies.
Graeme taught Trial Advocacy at the University of Toronto Faculty of Law for several years. He also previously taught Evidence at Osgoode Hall Law School as an adjunct professor. In addition, Graeme has testified as an expert witness on criminal and constitutional law issues before the Senate Standing Committee on Legal and Constitutional Affairs on multiple occasions.
White Collar Criminal Defence
- Confidential client – counsel to cryptocurrency payment gateway in Federal Court appeal of administrative monetary penalties imposed by FINTRAC for alleged violations of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
- Counsel to Amazon in Commissioner of Competition’s appeal to Federal Court of Appeal of lower court’s refusal to grant production order in “online reviews” inquiry under deceptive marketing provisions of the Competition Act.
- Counsel to commercial mortgage firm in Lavallée application arising out of the execution of search warrants in Revenu Québec tax evasion investigation.
- Binance Holdings Limited v. Ontario Securities Commission – counsel to Binance Holdings Limited in successful challenge to investigative summons as overbroad and violative of section 8 of the Charter.
- Counsel to an individual in a high-profile prosecution for alleged tax evasion arising out of the Panama Papers.
- Successful defence of multinational aerospace company facing charges in relation to a workplace critical injury.
- Counsel to audit committee of a public company in internal investigation into certain related-party transactions.
- R. v. Barra – successful defence of an individual prosecuted under the Corruption of Foreign Public Officials Act in landmark bribery prosecution.
- Confidential client – counsel to cryptocurrency payment gateway in Federal Court appeal of administrative monetary penalties imposed by FINTRAC for alleged violations of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
- Counsel to Amazon in Commissioner of Competition’s appeal to Federal Court of Appeal of lower court’s refusal to grant production order in “online reviews” inquiry under deceptive marketing provisions of the Competition Act.
- Counsel to commercial mortgage firm in Lavallée application arising out of the execution of search warrants in Revenu Québec tax evasion investigation.
- Binance Holdings Limited v. Ontario Securities Commission – counsel to Binance Holdings Limited in successful challenge to investigative summons as overbroad and violative of section 8 of the Charter.
- Counsel to an individual in a high-profile prosecution for alleged tax evasion arising out of the Panama Papers.
- Successful defence of multinational aerospace company facing charges in relation to a workplace critical injury.
- Counsel to audit committee of a public company in internal investigation into certain related-party transactions.
- R. v. Barra – successful defence of an individual prosecuted under the Corruption of Foreign Public Officials Act in landmark bribery prosecution.
International Trade and Investment Law
- Counsel to Whirlpool Canada LP in appeal to Canadian International Trade Tribunal concerning tariff classification of washers and dryers.
- Counsel to construction company in successful challenge to imposition of $52 million in anti-dumping and countervailing duties, interest and taxes on imported steel products.
- Counsel to online retailer in low value courier shipment audit under the Customs Act.
- Counsel to electronics company in internal investigation and voluntary disclosure to the Canada Border Services Agency regarding Customs Act non-compliance.
- Advised numerous companies on compliance with economic sanctions imposed under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act.
- Successful defence of wholesale food distributor in prosecution under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.
- Represented individual founders of a technology company in internal investigation into alleged economic sanctions violations.
- Advised numerous companies on blocking measures in relation to Cuba.
- Counsel to Whirlpool Canada LP in appeal to Canadian International Trade Tribunal concerning tariff classification of washers and dryers.
- Counsel to construction company in successful challenge to imposition of $52 million in anti-dumping and countervailing duties, interest and taxes on imported steel products.
- Counsel to online retailer in low value courier shipment audit under the Customs Act.
- Counsel to electronics company in internal investigation and voluntary disclosure to the Canada Border Services Agency regarding Customs Act non-compliance.
- Advised numerous companies on compliance with economic sanctions imposed under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act.
- Successful defence of wholesale food distributor in prosecution under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.
- Represented individual founders of a technology company in internal investigation into alleged economic sanctions violations.
- Advised numerous companies on blocking measures in relation to Cuba.
Public Law
- Reference re iGaming Ontario – counsel to NSUS in reference to Ontario Court of Appeal concerning the legality of Ontario’s proposed model for online gaming and sports betting.
- Heidelberg Materials Canada Limited v. Toronto Port Authority (PortsToronto) – counsel to heavy building materials company in Federal Court judicial review of a decision of the Minister of Transport under the Canadian Navigable Waters Act.
- Commisso v. Department of Justice – counsel to York Regional Police Services Board in successful challenge to Charter application based on doctrine of prematurity.
- P1 v. XYZ School – counsel in precedent-setting case concerning media’s ability to challenge interlocutory publication ban and balancing of open court principle against privacy of minors.
- Counsel to a multinational company in an investigation by the Office of the Integrity Commissioner of Ontario into alleged violations of the Lobbyists Registration Act.
- Ontario (Attorney General) v. Bogaerts - counsel to the Canadian Civil Liberties Association as intervener in a section 7 challenge to animal welfare legislation.
- Reference re iGaming Ontario – counsel to NSUS in reference to Ontario Court of Appeal concerning the legality of Ontario’s proposed model for online gaming and sports betting.
- Heidelberg Materials Canada Limited v. Toronto Port Authority (PortsToronto) – counsel to heavy building materials company in Federal Court judicial review of a decision of the Minister of Transport under the Canadian Navigable Waters Act.
- Commisso v. Department of Justice – counsel to York Regional Police Services Board in successful challenge to Charter application based on doctrine of prematurity.
- P1 v. XYZ School – counsel in precedent-setting case concerning media’s ability to challenge interlocutory publication ban and balancing of open court principle against privacy of minors.
- Counsel to a multinational company in an investigation by the Office of the Integrity Commissioner of Ontario into alleged violations of the Lobbyists Registration Act.
- Ontario (Attorney General) v. Bogaerts - counsel to the Canadian Civil Liberties Association as intervener in a section 7 challenge to animal welfare legislation.
