Martell Defence
1 lawyer · City of Toronto
One of 2,345 law firms listed in Toronto, and one of 455 handling Criminal Defence.
About Martell Defence
Martell Defence is a small Toronto firm focused on criminal appeals and constitutional litigation, run by Carter Martell from an office at 55 University Avenue in the city's Financial District. Martell earned a law degree from the University of Toronto Faculty of Law, articled at the Crown Law Office, Criminal, working primarily on criminal appeals, and opened the firm in 2015. The practice covers appeals of criminal convictions and sentences, bail applications pending appeal, appeals of Not Criminally Responsible findings and Ontario Review Board dispositions, Crown appeals, and Charter motions and constitutional challenges arising out of criminal trials, and Martell appears regularly before the Superior Court of Justice and the Court of Appeal for Ontario.
Martell has also served as intervening counsel at the Supreme Court of Canada, appearing on behalf of the Criminal Lawyers' Association, The Advocates' Society, and the Empowerment Council, Systemic Advocates in Addictions and Mental Health. In the fall of 2021, Martell was co-counsel for the Empowerment Council's intervention in the companion appeals R v Sullivan and R v Chan, and in R v Brown, cases about when the automatism defence is available for violent offences arising from self-induced intoxication. Martell belongs to the Criminal Lawyers' Association, The Advocates' Society, and the Law Society of Ontario, and is listed with Legal Aid Ontario for criminal, extremely serious, and Gladue matters.
Practice areas
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Who handles what
The neighbourhood
Martell Defence's office is on the northeast corner of University Avenue and Wellington Street, in a downtown tower built in 1977. That puts it in Toronto's Financial District, a few blocks south of the stretch of University Avenue that runs past the Ontario Superior Court of Justice's 361 University Avenue courthouse and, just off it on Queen Street West, Osgoode Hall, home to the Court of Appeal for Ontario. It's the same downtown court corridor where an appeals and constitutional litigation practice like this one does most of its work.
Frequently asked questions
- Does Martell Defence represent people at trial, or only on appeal?
- The firm's practice is built around appeals rather than criminal trials. It handles appeals of convictions and sentences, bail applications pending appeal, and Charter motions and constitutional challenges connected to a trial, and it prepares application material for other lawyers on complex motions.
- I was convicted at trial. Can Martell Defence appeal my conviction or sentence?
- Yes. The firm orders the trial transcript and investigates the potential grounds of appeal before advising on the strongest ones to pursue, and it handles both conviction and sentence appeals.
- Can I get bail while my appeal is being heard?
- Martell Defence applies for bail pending appeal and says it can often arrange release on the day of sentencing by making the application in advance. Because timing matters, it recommends contacting the firm as soon as possible after a conviction.
- What if I was found Not Criminally Responsible, or I need to appeal an Ontario Review Board decision?
- The firm handles appeals of Not Criminally Responsible findings and appeals of Ontario Review Board dispositions.
- Does Carter Martell take Gladue cases?
- Legal Aid Ontario's roster lists Carter Martell for criminal, extremely serious, and Gladue matters.
- Has Martell Defence argued cases at the Supreme Court of Canada?
- Yes. Martell has been intervening counsel at the Supreme Court of Canada for the Criminal Lawyers' Association, The Advocates' Society, and the Empowerment Council, including the Empowerment Council's 2021 interventions in R v Sullivan, R v Chan, and R v Brown.
Where to find them
55 University Avenue, Suite 1100, Toronto, ON M5J 2H7 · 647-748-7487
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