Marianne Salih

Partner

Marianne Salih is a trial and appellate lawyer who has successfully litigated cases at every level of court in Ontario, and has appeared before the Supreme Court of Canada. She is the head of the appeals litigation department and the composer of an online criminal case law digest – a continuously expanding digest of new appellate jurisprudence. She is a member of the Executive Board of the Ontario Bar Association, Criminal Law Branch, and has served on the junior litigation committee for the Criminal Lawyers’ Association. She is also a contributing author to the CanLii criminal law e-book.

Ms. Salih obtained her Honours Bachelor of Arts with “High Distinction” from the University of Toronto, and her law degree from the University of Toronto Faculty of Law, where she graduated with Honours standing in her final year. Prior to joining Edward H. Royle & Partners LLP, Ms. Salih worked in the field of criminal and human rights law in Kenya, Amsterdam, and Geneva. She clerked for judges at the Ontario Court of Justice in Toronto, and the Superior Court of Justice in Brampton.  She also taught classes in criminal law to internationally trained lawyers, and completed two research placements in criminal law and procedure for highly regarded professors at the University of Toronto Faculty of Law.

Ms. Salih has over 110 reported decisions. She has successfully represented accused persons on a wide variety of cases, including on charges of sexual assault, firearms, and homicide. In 2018, she was the recipient of the Precedent Setter Award, which recognizes Toronto lawyers who have shown excellence and leadership in their early years of practice. In 2023, she was voted by her legal peers as one of Toronto’s top criminal defence lawyers, as surveyed by Post City & Streets of Toronto Best Lawyers.

 

Publications:

“Post-sentencing: what happens next?” Blogpost at Roylelaw.ca

“David and Goliath: the unrepresented litigant.” Blogpost at Roylelaw.ca

“The Law on Prior Consistent Statements”, Ontario Bar Association (September 21, 2015)

 

Legal commentary:

Ontario Court of Appeal reinstates sections of federal sex-work law struck down by Superior Court. Lawyer’s Daily. (March 7, 2022)

Controversial Harper-era sex work laws are constitutional, Ontario  Court of Appeal Rules. Toronto Star (February 24, 2022). 

Court of Appeal to Decide whether three parts of Harper government’s sex work legislation are unconstitutional, Toronto Star (Nov 21, 2021)

Finding accused fabricated evidence requires independent supporting evidence: Court of Appeal. The Law Times (June 22, 2021)

Judge relied on rape myths in complainant’s credibility assessments: Ontario Court of Appeal. Law Times (March 29, 2021) 

Ontario Court of Appeal upholds drug trafficking conviction despite 10(b) Charter breaches. Lawyer’s Daily (Jan 18, 2021) 

Court of Appeal ruling highlights systemic problem of Charter non-compliance within Peel police. The Lawyer’s Daily (May 5, 2020) 

Supreme Court Rules Judges have been too soft on punishment for 30 years. Globe and Mail (Oct 11, 2019)

Harsh conditions mean more enhanced credit requests. Law Times (Dec 3, 2018) 

Legal battle over dial-a-dope operations may go to SCC. Law Times (July 9, 2018)

Retrial ordered after judge fails to provide guidance to self-represented litigant. Lawyer’s Daily (May 30, 2017)