Dylan Finlay

I have practiced exclusively in the area of criminal defence and have a particular passion for litigation that involves Charter rights. Though my practice is based in Toronto (I am the founding partner of Strategic Criminal Defence’s Toronto branch) it has led me across Ontario.

I am both a natural and persuasive advocate. My objective is to craft a strategy that achieves the optimal outcome for my client. No two cases are the same, each comes with its own unique circumstances, challenges, goals, and players. Advocacy is an art that applies creativity to legal knowledge and the unique facts of the case. The reputation I have earned as a tenacious litigant has been reported in the media:

• Sudbury OPP violate rights of man arrested for drunk driving, court rules
• Toronto men sentenced for ‘stupid, reckless’ posts outing witness on Instagram hip-hop pages

Ingenuity can lead to results. I am not afraid to arm my case with the Canadian Charter of Rights and Freedoms where other lawyers may be hesitant. In a precedent-setting decision with implications for police forces using body-worn cameras, I successfully argued that the deliberate muting of microphones was a breach of my client’s rights:

• Man acquitted after Toronto cops mute body cameras during arrest
• R. v. Azfar, 2023 ONCJ 241 (CanLII)

In one of my first cases, I successfully argued that the arrest of my client while she was dressed only in her underwear was a breach of her rights:

• R. v. Randen, 2017 ABPC 178 (CanLII)

During the pandemic, I became a vocal critic of the tendency of governments to respond to a public health emergency with quasi-criminal legislation. I was published and was widely interviewed on the Province’s Emergency Order that closed park amenities. My personal experience helped shed light on the unfairness of the government’s response, which I believe history has judged as a mistake:

• Dylan Finlay on COVID-19: Enforcing social distancing with fines is one step too far
• $750 for doing chin ups in a park. Sitting on benches banned. Do emergency measures go too far?
• Coronavirus: Chin-ups at west Toronto park earn man $880 fine
• Chin-ups in the park net Toronto man $880 fine as provinces enforce stricter measures

Beyond assisting individual clients, I try to educate the public at large about their rights and legal obligations. To that end, I have been published on criminal law topics from drug-impaired driving to the diversion program, and have frequently appeared on the radio to discuss various legal topics:

• In defence of diversion
• The recriminalization of marijuana
• DUDE, WHERE’S MY CAR? What to expect from the new drug-impaired driving laws

I earned my Honours Bachelor of Arts Degree (HBA) at the University of Toronto and my Juris Doctor (JD) at the University of Calgary.

My drive to assist and educate others sprang up long before I opened the Toronto law office. Even during law school, I was actively engaged in the University of Calgary pro-bono legal clinic called Student Legal Assistance (SLA). Beyond helping many individuals gain access to justice who were below the poverty line, I rose through the ranks of SLA to become Trial Coordinator for the program’s Trial Division.

During Law School, I also regularly contributed to ABlawg (The University of Calgary Faculty of Law Blog). Some of my most notable blogs include the following:

• Smoke and Mirrors? With Marihuana Legalization, Parliament Proposes to Drastically Expand Police Power
• The Saga of the Intoxication Defence Continues: Desjarlais and its Application to Uttering Threats
• A Case for Adopting the Lewko Approach to Refusal Law 
• Deconstructing Investigative Detention
• “Putting” Browne v Dunn into Perspective

One of the highlights of my legal education was participating in the 2016 Gale Cup Moot competition. It was an honour to be selected by the University of Calgary faculty committee to even be part of the Moot team. Apart from representing the University at the Nationals, I was the top-ranked mooter in my individual moot. Justice Harvey Groberman of the British Columbia Court of Appeal described my ability to respond to questions from the judges as “dynamic”.

Post Law School, I articled (apprenticed) with Savage Oykhman Law, one of the top criminal defence firms in Calgary. In 2017, I brought my advocacy style to Ontario courtrooms when I returned to Toronto (where I was born and raised) to open the OCD Law Toronto office.

Every day, I continue to represent all types of clients, and all types of Criminal Charges. Fortunately, I am able to keep my rates very competitive, and even occasionally assist people on Legal Aid (for those who can’t afford a private lawyer). I have a particularly strong focus on

• DUI’s, 
• Domestic Violence,
• Sexual Assault,
• Property Offences, and
• Drug Charges

With the support of our criminal defence lawyer network across the country, there is no file too small or two large for me to handle.

If you have been charged with a criminal offence, contact me for a Free Consultation and give me the opportunity to explain what I can do to help.

• DUIs
• Domestic Violence
• Sexual Assault
• Property Offences
• Drug Charges

• Honours Bachelor of Arts Degree (HBA) at the University of Toronto
• Juris Doctor (JD) at the University of Calgary.