Graeme A. Hamilton  

Senior Associate

Executive Summary

Graeme Hamilton is an experienced trial and appellate counsel whose practice focuses on white collar criminal defence, government and internal investigations, securities regulation, competition law, and related civil litigation. Graeme is the national co-leader of BLG's Investigations and White Collar Defence Group. In particular, Graeme's practice encompasses:

  • Defending corporations and individuals facing investigation or prosecution for white collar offences, including fraud, illegal insider trading, price-fixing, bribery and public corruption
  • Advice in relation to compliance with anti-money laundering, anti-bribery, antitrust and securities legislation
  • Corporate internal investigations
  • Securities regulation, including investigations and enforcement proceedings before the Ontario Securities Commission (OSC) and self-regulatory organizations
  • Related civil litigation involving allegations of fraud, conspiracy, and contempt of court, as well as applications for Anton Piller orders and Mareva injunctions
  • Appeals and applications for judicial review

Graeme has been lead counsel in dozens of trials and contested hearings. He also has substantial appellate experience in both criminal and civil matters. Graeme has testified as an expert witness before the Senate Legal and Constitutional Affairs Committee and previously taught Evidence at Osgoode Hall Law School as an adjunct professor.

 

Representative Work

  • R. v. Barra and Govindia - acting for an individual charged under the Corruption of Foreign Public Officials Act.   
  • In the Matter of Home Capital Group Inc. et al. – acted for former CFO of Home Capital Group in OSC enforcement proceedings.
  • City of Toronto v. Toronto Community Housing Corporation – acted for Toronto Community Housing Corporation in a regulatory prosecution for breaches of the Ontario Fire Code following a fatal fire at a seniors' residence.
  • Represented an investment dealer in a quasi-criminal prosecution under the Pension Benefits Act.
  • R v. Squire-Hill — counsel to the accused in a high-profile, lengthy and complex trial on multiple counts of criminal negligence causing death as well as other charges.
  • Represented corporations and individuals in price-fixing and deceptive marketing investigations conducted by the Canadian Competition Bureau.
  • Conducted numerous internal investigations for public and private companies and public sector institutions.
  • Frequently advise corporate and institutional clients in relation to compliance with Canadian anti-bribery and anti-money laundering legislation.

Publications & Presentations

  • Speaker, "Orange is the New Pinstripe: The Increasing Spectre of Individual Criminal Liability for Officers and Directors", BLG In-House Counsel Seminar, November 2017
  • Speaker, "When the Regulator Comes Knocking – Securities and Regulatory Risk", BLG Seminar on Litigation Risk Management for Financial Institutions, October 2017
  • Speaker, "Mistake of Law as a Defence to Alleged Breaches of the Securities Act", Advocates' Society Seventh Annual Securities Symposium, September 2017
  • Speaker, "Navigating Global Compliance Trends and Global Enforcement Priorities", American Bar Association Second Global White Collar Crime Institute, June 2017
  • Moderator, "Enforcement Priorities for the Trump Administration", BLG Client Event, April 2017
  • Speaker, "Using Internal Investigations to Mitigate Criminal, Regulatory and Reputational Risk", BLG In-House Counsel Seminar, November 2016
  • Author, "White Collar Minimums: Some Mandatory Sentences have been Struck down but Stiff Financial Crime Penalties Here to Stay," The Lawyers Weekly, August, 2016.
  • Co-Author, "OSC Whistleblower Policy Comes Into Effect," The Exchange: Financial Institutions Litigation Blog, July, 2016.
  • Author, "New SCC decision on pre-trial delay likely to have a significant impact on white collar prosecutions," The Exchange: Financial Institutions Litigation Blog, July, 2016.
  • Author, "Are mandatory minimum sentences for white collar offences unconstitutional - hypothetically?," The Exchange: Financial Institutions Litigation Blog, April, 2016.
  • Author, "$1 Million Costs Award Protects Commercial Landlords and Mortgage Lenders," The Exchange: Financial Institutions Litigation Blog, April, 2016.
  • Speaker, "How to Approach Disclosure & Settlement After an International Internal Investigation," American Bar Association Global White Collar Crime Institute, November 2015.
  • Guest Lecturer, “The Law Society Discipline Process,” Osgoode Hall Law School, Criminal Law Intensive Program, January 2015.
  • Witness, Bill C-36, An Act to amend the Criminal Code (Bedford v. Canada) , Senate of Canada, Legal and Constitutional Affairs Committee, September 2014 (Submissions on behalf of the Canadian Council of Criminal Defence Lawyers).
  • Witness, Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials), Senate of Canada, Legal and Constitutional Affairs Committee, February 2014 (Submissions on behalf of the Canadian Council of Criminal Defence Lawyers).
  • Guest Lecturer, “The Law Society Discipline Process,” Osgoode Hall Law School, Criminal Law Intensive Program, January 2014.
  • Speaker, “The Role of Psychiatric Opinion Evidence in Legal Proceedings: Lessons from Clark v. Arizona and the Goudge Inquiry,” Canadian Academy of Psychiatry and the Law Annual Conference, February 2011.
  • Co-Author, “The Goudge Inquiry and the Role of Medical Expert Witnesses” (2010). 182:1 Canadian Medical Association Journal 53-56 (with the Honourable Frank Iacobucci).
  • Co-Author, “Canadian Securities Regulation and Foreign Blocking Legislation” (2010). 5:1/2 International Journal of Business Governance and Ethics 87-97 (with Andrew Gray).