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BENLAW.CA
PRACTICE AREAS
Alternative Dispute Resolution (ADR) / Restorative Justice
Alternative Dispute Resolution (ADR) is anything other than the courts. If you’re going to trial you’re no longer in the arena of ADR. Disputes can settle through negotiation and mediation, even after the matter is set down for trial. You could settle everything on the steps of the courthouse, and that would still be ADR, but once you’re in a trial it’s no longer ADR. ADR has a place not only in civil matters but also in criminal matters. Negotiating with the crown to establish a plan for suitable diversion keeps criminal charges from going to trial and avoids the risk of getting a criminal record. ADR involves using less confrontational approaches to settle disputes. It involves more co-operation and collaboration. ADR requires more creativity and flexibility. The process engages the participants in negotiating outcomes that can look a lot different from the official judgements delivered by the court. Mediation and arbitration are types of ADR. You can think of each one like a tool for resolving conflict. Whereas ADR is an entire toolkit. ADR involves mediation, arbitration, negotiating, and a host of other skills and knowledge. Using ADR in a criminal context requires working with community-based organizations in ways that enhance the accused person’s relationship to the community. Promoting healthy community relationships results in more restorative justice systems, Thereby creating more positive outcomes for everyone involved.
Minor Criminal Law
There are a number of diversion programs offered by the crown. Each courthouse will have access to different resources. Sometimes the crown will recommend the Direct Accountability Program. Other times different arrangements can be made where the crown will withdraw the charges. Diversion is not always possible, and the decision about diversion is entirely up to the crown.
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Diversion is increasingly being used to deal with criminal charges as the crown realizes that it is not always in the public interest to seek a conviction that will result in a criminal record. Diversion programs can involve treatment or counseling for anger and other issues. Community service can also be involved.
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These programs add value to the community by requiring positive contributions from the offender. They are required to take responsibility for their actions, but they do so in a way that does not result in a criminal record. They may be required to attend counseling, to perform community service, to write a letter of apology, or make a personal apology. This all depends on the views of the crown, the subject of the offense, and other people connected to the case. Each case of diversion is different. The programs address the circumstances of each individual differently.
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Ben Fulton takes an approach that engages with the various forms of diversion. If you are facing criminal charges this is the first thing to consider. Diversion is not always possible, but the benefits make it worth investigating.
Criminal Defence Law
Benjamin Fulton and Elias Rabinovich both have several years of experience successfully defending in court. They have represented clients facing a wide range of charges, including, but not limited to, sexual and domestic assault, youth crime, impaired driving, drug-related offences, break and enter, human trafficking, robbery, and weapons offences.
Consent and Capacity Board Law
A Consent and Capacity Board (CCB) lawyer represents individuals in Ontario before the CCB, which adjudicates disputes about mental capacity and treatment decisions.
Advocacy & Lobbying
Working to influence public policy and legislation on behalf of clients by directly engaging with government officials, lawmakers, and regulatory bodies. The legal landscape is complex, and we can help clients understand and effectively participate in the legislative and regulatory processes.
Consulting
Helping clients to make sound legal decisions, understand complex legal issues, and ensure compliance with the law.
Youth Criminal Law
We support young people and their families as they navigate the youth justice system, offering calm guidance, strong advocacy, and a focus on rehabilitation over punishment. Our approach prioritizes accountability, personal growth, and restoring relationships, helping youth move forward with stability and a fair chance at a better future.
Gladue
Courts must consider the unique circumstances of Indigenous offenders when sentencing or setting bail. These circumstances are a result of systemic discrimination, racism, and the lasting impacts of colonization, such as residential schools and the Sixties Scoop. The purpose is to address the over-incarceration of Indigenous people by encouraging judges to consider alternatives to imprisonment.
Notary Public
Notary public is a public office administered by the province of Ontario. As a Notary Public Ben Fulton is qualified to commission affidavits, and make certified true copies of documents. If you need something notarized bring it over, I have an embossing seal that meets all legal requirements.
Additional Services
Find out about more of the services we offer HERE