Brian McNeely
Summary
Extensive knowledge of Ontario criminal and civil courts with superior writing and analytical skills. Expertise in public policy making, public finance, central agency operations, and human resource matters.
Overview
43
43
years of professional experience
Work History
Crown Counsel
Ministry of the Attorney General
03.1983 - Current
- Over the past decades, represented the Ministry as a civil and criminal law counsel at all levels of Canada's court system and before administrative tribunals.
- Worked since 1989 as both a trial Crown in different Crown Attorney offices and as counsel, Crown Law Office-Criminal where I prosecuted large scale trials and appeals and did extensive barrister's and solicitors work in areas such as witness protection, firearms, criminal law policy, asset forfeiture and mutual legal assistance.
- Before joining the Criminal Law Division, I worked as both a policy advisor and a barrister and solicitor for two Ontario Ministries gaining expertise in policy making, the writing of central agency submissions, briefing notes, correspondence, the drafting of provincial legislation as well as detailed substantive knowledge on municipal, social services and administrative law.
- While working for the Ministry of the Attorney General, undertook a two year secondment to its Finance and Administration Division where I gained a knowledge of overall Ministry and central agency operations as well as knowledge of human resource, finance, and executive floor issues and procedures.
- While seconded to the Finance and Administration Division, I headed a multi-disciplinary team charged with preparing the Ministry for collective bargaining with its lawyers which preparation included designing what is today's the Ministry's Lawyer's Compensation Plan.
- Thorough knowledge of the Criminal Code and related case law, legislation and court procedures and operations.
- Advised numerous police forces, in jurisdictions large and small, on investigatory and trial preparation issues and I possess extensive knowledge of the structure and limitations of police support for Ontario court process.
Appellate Counsel – Crown Law Office – Criminal
Ministry of the Attorney General
01.1990 - 01.2013
- Practice was devoted to representing the Crown in criminal appeal matters in the Superior Court of Justice, the Court of Appeal for Ontario and the Supreme Court of Canada.
- Responsible for leading the Crown's appellate teams in such high profile cases as R. v. Brown (the “Just Desserts” murder trial), R. v. Baltovich, R. v. Fatima and Khan (the dismembered daughter case) and the R. v. Rohan Ranger double murder.
- Appeared for the Crown in hundreds of criminal appeals and other matters involving practically all aspects of Canadian criminal law from financial crimes and obstruction of justice and young offenders through to home invasions and murders.
- Represented the Crown in a number of Supreme Court of Canada matters involving various aspects of criminal and Charter law.
- Developed expertise in additional areas of criminal law such as fraud, firearms legislation, search and seizure law and witness protection.
Trial Counsel
Ministry of the Attorney General
01.1989 - 01.2001
- Focus of practice was representing the Crown in all provincially prosecuted Criminal Code matters (from shoplifting to fraud to murder) in Ontario's trial courts.
- During the latter part of this period, as counsel with the Crown Law Office – Criminal, specialized in advising police on and prosecuting large-scale financial frauds having significant regulatory components.
- Knowledge of human resource policies governing obligations of financial service employees' duty to cooperate with their employer. Practical experience in interviewing financial industry employees.
- Prosecuted an officer of a failed Toronto brokerage firm and, in another lengthy prosecution, obtained a conviction against a financial advisor (R. v. Michael Holoday) who defrauded investment clients and friends out of over twenty million dollars.
Counsel – Seconded Legal Services
Ministry of the Attorney General
01.1983 - 01.1989
- While obtaining a Masters in Public Administration degree, worked as a policy advisor and solicitor for a number of provincial government ministries advising them on a range of policy and legal matters and representing them at committee hearing in the Provincial Legislature.
Education
Masters of Public Administration, L.L.B. And BA - Law, Public Administration, English And History
Degrees From Queens, Windsor And Western Ontario
Skills
- strong legal analysis and writing skills
- policy and rule making expertize
- practical problem-solving skills
- proficient in government issues management
- understanding of executive dynamics
Timeline
Appellate Counsel – Crown Law Office – Criminal
Ministry of the Attorney General
01.1990 - 01.2013
Trial Counsel
Ministry of the Attorney General
01.1989 - 01.2001
Crown Counsel
Ministry of the Attorney General
03.1983 - Current
Counsel – Seconded Legal Services
Ministry of the Attorney General
01.1983 - 01.1989
Masters of Public Administration, L.L.B. And BA - Law, Public Administration, English And History
Degrees From Queens, Windsor And Western Ontario
Publications
- The New Firearms Legislation, 17 C.R. (5th) 285
- The Municipal Tax Sales Act, 35 R.P.R. 217
- The Municipal Conflict of Interest Act, 21 M.P.L.R. 24
- Ontario's Small Claims Court: An Empirical Analysis of Plaintiffs and their Attitudes, 2 Windsor YB Access Just 87
Lecturing
- Lectured to members of the public, police officers and lawyers and elected representatives at inter-provincial educational meetings, the Ontario Police College public meetings and other fora in trial and appellate advocacy, conflicts of interest and money laundering and firearms legislation.
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