Experience

Since his call to the bar, Stuart has defended clients in all manner of criminal cases, ranging from assault and impaired driving to drug prosecutions to homicides and criminal organization cases. He has represented clients at all stages of proceedings, from initial bail hearings to preliminary inquiries, trials with both judges and juries, and on appeal to the Ontario Court of Appeal.

His experience includes bringing successful challenges to the admissibility of confessions, breathalyzer readings, weapons and drugs where this evidence has been obtained by the police in a manner contrary to the provisions of the Canadian Charter of Rights and Freedoms. Stuart has also launched successful challenges requiring the prosecution to provide disclosure of material which they initially refused to disclose, include police disciplinary records and breathalyzer maintenance records.

Over the years, Stuart has also acquired a reputation for excellence in jury trials. Along with Sean May, he was counsel on a high profile Ottawa homicide prosecution which ultimately resulted in an acquittal for their client on a charge of first degree murder. In another recent and high profile homicide case, Stuart's client was the only one of three accused to be acquitted of charges of first degree murder, and instead have convictions registered for lesser offences.

Stuart has also been active for many years in efforts to reform the legal aid system in Ontario, in order to ensure that all accused persons have access to a proper representation. He has successfully brought applications requiring the government to provide increased funding to the defence in serious prosecutions.

In 2007, Stuart was the recipient of the Regional Senior Justice Award, presented annually by the County of Carleton Law Association to a lawyer of 10 years or less at the bar, in recognition of outstanding achievements in the field of litigation.