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Patrick McCann Ottawa Lawyer

Patrick F.D. McCann

Counsel Fasken
Federal government contractors should implement comprehensive compliance programs to mitigate the possibility of harm from improper conduct by their employees.
Jurisdiction Ontario, 1971
Language(s) English
Office(s) Ottawa
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Overview

Patrick McCann’s practice is focused on white collar crime litigation. He has represented clients in all trial and appellate courts in Ontario, and the Supreme Court of Canada. He has been lead counsel in numerous major criminal trials and has handled over 60 homicide cases. Other cases involve drug trafficking, commercial fraud, regulatory offences and prosecutions under the Income Tax Act, the Competition Act and the Lobbying Act.

Patrick McCann has been practicing at the forefront of criminal law for over 40 years. In 1989 he was among the first group of lawyers in Ontario to be certified by the Law Society of Upper Canada as a specialist in criminal law. He has been and currently is listed in Best Lawyers in the category of “Criminal Defence”.

Patrick has also practiced before military tribunals. He defended a Canadian Airborne soldier charged with murder while deployed in Somalia. This case, which received national media coverage, contributed to several changes to the military justice system.

Patrick has been appointed to the list of Special Advocates, a group of Top Secret cleared lawyers capable of representing the interests of outside parties in closed national security matters. He has appeared in the Federal Court of Canada representing Government officials in national security litigation and has been appointed Amicus Curiae to a designated Federal Court judge in other national security litigation. He has also acted for public officials involved in police investigations as well as businessmen facing investigation and charges under the Competition Act and Income Tax Act.

Patrick represented several individuals involved with public inquiries, including the Somalia Inquiry, the Gomery Inquiry and the Cornwall Public Inquiry. Recently Patrick has appeared as lead counsel in two high profile appeals to the Supreme Court of Canada.

Patrick is a founding member and past president of the Defence Counsel Association of Ottawa, one of the first organizations in Canada formed to advance the interests of criminal defence lawyers. He has lectured extensively at the Ontario Bar Admission Course on Criminal Procedure and related criminal topics. He has also been a guest lecturer at University of Ottawa, Carleton University and the Canadian Police College. Patrick has presented at a number of conferences and seminars conducted by organizations like the National Judicial Institute, the Law Society of Upper Canada, and the Defence Counsel Association of Ottawa. He has also provided services to the Civilian Review and Complaints Commission for the RCMP.

Over the course of his career, Patrick has acquired unparalleled experience in all aspects of criminal trial procedure. Clients rely on Patrick’s extensive knowledge of the criminal justice system, charter litigation, the law of evidence, appellate litigation, forensic science, investigative procedures, and prosecutorial conduct and policy.

Patrick is a silver medallist and magna cum laude graduate of the University of Ottawa Law School.

Achievements

  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in White Collar Defence & Investigations, Canadian Legal Lexpert Directory 2025 to 2026
  • Recognized in Criminal Defence in Ottawa, The Best Lawyers in Canada 2016 to 2026
  • Honoured with the William J. Carroll Award for Advocacy in Criminal Defence, County of Carleton Law Association and Defence Counsel Association of Ottawa 2022
  • Recipient of the John Mirsky scholarship in Criminal Law, University of Ottawa, 1967 , University of Ottawa 1967
2022 County of Carleton Law Association and Defence Counsel Association of Ottawa Honoured with the William J. Carroll Award for Advocacy in Criminal Defence Presented in recognition of lifetime contribution to the Ottawa criminal defence bar
1967 University of Ottawa Recipient of the John Mirsky scholarship in Criminal Law, University of Ottawa, 1967

Experience

  • First ever acquittal issued under Canadian anti-bribery and corruption legislation, [Case - Damodar Arapakota], The court has acquitted Damodar Arapakota, the founder and former CEO of Imex Systems Inc., of a charge under the Corruption of Foreign Public Officials Act.
  • R. v. Jones, 2017 SCC 60, [Case - Tristin Jones], Fasken helped establish new law in Canada when it comes to the expectation of privacy for electronic text message communication. Fasken counsel, Patrick McCann, argued successfully before the Supreme Court of Canada that the privacy interests in text messages resides in the content of the communi...
  • Advised Tristin Jones as Supreme Court of Canada considers legality of seizure of text messages, [Deal - Tristin Jones], The Supreme Court of Canada granted leave to appeal in R. v. Jones, a case dealing with police seizure of text messages from service providers such as telecommunications companies. In this potentially ground breaking case, the Court has been asked to decide whether police may seize text messages ...
  • Successfully reinstates security clearance revocation for the client, [Case - Alcoa Inc.], Criminal investigations into corporations and their executives have become increasingly problematic for Canadian business and have resulted in unexpected consequences. In one recent case, successfully handled by Fasken Martineau’s Ottawa office, a senior executive of a successful Ottawa-based IT ...
  • TPG Technology Consulting defended massive criminal bid-rigging case, [Case - TPG Technology Consulting Inc.], In a dramatic finale of an eight month trial, on April 27, 2015, an eleven person jury delivered 60 non-guilty verdicts, dismissing all charges against the accused. The trial was presided over by Madam Justice Bonnie Warkentin of the Ontario Superior Court of Justice. The Indictment contained ch...
  • Acted to reinstate revoked security clearance threatening millions of dollars in contracts for tech company and its principles, [Case - ADRM TECHNOLOGY CONSULTING GROUP CORP., Philippe Bisson, and Nehman Hokayem], The clients along with others were investigated for bid rigging arising from government contracting. They entered into an immunity agreement with the Competition Bureau whereby they agreed to testify at the trial of those charged. Bisson has recently had his security clearance revoked as a result...
  • OPG Plant Group Manager acquitted following lengthy trial, [Case - Confidential Client]
  • Ottawa Hospital v. Guy Lapierre, [Case - Guy Lapierre], Lapierre is the majority shareholder in G.A.L. Power, a company which supplies backup generators to major institutions. A recent audit of several construction projects at the Ottawa Hospital has allegedly uncovered a number of irregularities in the tendering of contracts. The hospital has sued s...
  • Over 60 homicide cases including the Court Martial of the only member of the Airborne Regiment tried for murder in the death of a Somali prisoner during UN peacemaking operations in Somalia, [Case - Confidential Client]

Career & Education

Education

  • LLB University of Ottawa
  • BA University of Saskatchewan
  • Certificate, Specialist Criminal Law Law Society of Upper Canada

Memberships & Affiliations

  • Appointed by the Minister of Justice to the list of persons who may act as Special Advocates under the Immigration and Refugee Protection Act, 2008
  • Member of Court Martial Appeal Court Seminar Planning Committee, National Judicial Institute, 2003
  • Appointed by Minister of National Defence as a member of the Military Judges’ Selection Committee, 2000
  • Founding Member and Past President, The Defence Counsel Association of Ottawa (DCAO)

Knowledge

Events

  • Fasken Ottawa Symposium (11th Edition), 6/28/2022
  • Ransomware: To Pay or Not to Pay?, 6/23/2021
  • Update on Canadian Lobbyist Registration and Legal Compliance – Ottawa Edition, 2/27/2017
  • Ottawa Fasken Martineau Symposium (5th Edition), 6/11/2015
  • Protecting Against Corruption in the Supply Chain, 5/27/2015
  • White Collar Crime Risks Facing Canadian Businesses, 5/26/2015
  • Crisis Management: How to Handle High Stakes Investigations, 5/14/2015
  • When Threat Becomes Reality for You and Your Business, 11/4/2014

News

  • Fasken Secures First-Ever Acquittal in Landmark Bribery and Corruption Case, 3/10/2023
  • The Globe and Mail quotes Patrick McCann and mentions Nabila Abdul Malik in an article on the first-ever acquittal in bribery and corruption case, 3/9/2023
  • OttawaCitizen.com mentions Peter Mantas and Patrick McCann in an article about Why the feds cannot win the big cases, 10/3/2019
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • Law Times News quotes Patrick McCann in an article about the provisions in Bill C-74 dealing with how white-collar crime is punished, 6/4/2018
  • Law Times quotes Patrick McCann in an article on SCC ruling, 3/5/2018
  • Canadian Lawyer Magazine quotes Patrick McCann in an article about the Supreme Court of Canada rulings on the expectations of privacy in text messages, 12/11/2017
  • Fasken Martineau Wins Mining Law Firm of the Year in the 2018 edition of Best Lawyers in Canada Guide, 8/22/2017
  • CBA National quotes Patrick McCann in an article about the legitimacy of protecting the courts, 11/29/2016
  • Solid results from The Best Lawyers in Canada 2017 as Fasken Martineau increases its “Lawyers of the Year”, 8/10/2016

Publications

  • Remediation agreements; A rational process that is in the public interest, 7/29/2019
  • White Collar Post - 20170605, 6/5/2017
  • Alibi: To Call or Not to Call, 10/18/2015
  • Charge to the Jury in R. v. Durward: Trial Judge Provides Guidance in Canadian Bid-Rigging and Federal Procurement Law, 7/28/2015
  • You are being investigated: How can you avoid being prosecuted?, 6/22/2015
  • Important Lessons for Business from Fasken Martineau’s Recent Victory in a Major Criminal Bid-Rigging Trial, 6/3/2015
  • Joint Jurisdiction in Military and Civilian Courts, 8/13/2003
  • One Step Forward and Two Steps Back?, 8/22/2000
  • Recent Developments in the Law of Sentencing, 8/27/1980
  • The Nature and Quality of the Act a Re-Evaluation, 8/29/1969
Blog Post, Author Remediation agreements; A rational process that is in the public interest Ottawa Business Journal
Blog Post, Co-Author White Collar Post - 20170605 White Collar Post

Speaking Engagements

  • Lecture on advising clients under arrest post R. v. Sinclair, DCAO 5 o’clock series, 3/31/2011
  • Guest Lecturer, Trial Tactics and Forensic Science Course
  • Instructor, Trial Advocacy Course
  • Presented paper and chaired panel, "Proceeds of Crime"
  • Informations and Indictments
  • Panellist, Sentencing Law
  • Panelist, “Ask the Experts”
  • Organising committee member, Panellist and lecturer
  • Panellist on Civilian Defence Counsels’ Perspective on Defending at Courts Martial
  • Criminal Appeals
Lecture on advising clients under arrest post R. v. Sinclair, DCAO 5 o’clock series
Guest Lecturer, Trial Tactics and Forensic Science Course University of Ottawa Law School
Instructor, Trial Advocacy Course University of Ottawa Law School