Access to Justice
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March 27, 2025
Time for ‘made in Canada’ criminal justice | Catherine Latimer
It is unlikely that much-needed criminal justice system reforms will be included in any party platform for the 2025 federal election. There is nevertheless the possibility of linking positive reforms in the criminal justice system to current priorities.
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March 27, 2025
The problem with immigration detention | John L. Hill
Many Canadians are feeling apprehensive since the election of Donald Trump as the 47th president of the United States. We fear for our economy with on-again, off-again threats of tariffs. We become angered at suggestions of annexation to become the 51st state. Few of us have felt the oppression of concerted state action affecting our daily lives.
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March 26, 2025
B.C. Court of Appeal rules forum selection clause doesn't apply in defamation case against X
A forum selection clause in the social media platform X’s terms of service does not apply to a defamation lawsuit brought against it over content posted on X, the B.C. Court of Appeal has ruled.
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March 25, 2025
Ontario court upholds ruling, confirms signed delivery slips not conclusive in soil contract
The Ontario Superior Court has upheld a finding that a general contractor was not required to pay for soil quantities reflected on delivery slips approved by an employee because the actual deliveries did not align with the terms of the contract.
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March 25, 2025
Time to rethink the appointment of judges | Michael Lesage
As Canada grapples with rising crime rates and declining public confidence in the administration of justice, the time has come to examine whether our traditional approach to judicial selection remains optimal. The evidence suggests that while appointments offer important protections, they must be balanced against democratic accountability and effective justice delivery. The future of Canadian justice may lie not in choosing between election and appointment, but in finding a middle path that preserves judicial excellence while ensuring courts remain responsive to society's evolving needs.
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March 24, 2025
N.B. Human Rights Commission releases guidance on race discrimination
New Brunswick’s human rights watchdog has released an “educational resource” on how the law protects people from racial discrimination.
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March 24, 2025
Trump’s disregard for rule of law highlights fight for independence in B.C. | Michael D. Lucas
U.S. President Donald Trump’s direct disregard for the rule of law and lawyer independence has sent shock waves through the international legal community. His recent executive orders against law firms are concerning.
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March 24, 2025
Appeal decision illustrates need to dissociate justice system from police misconduct.
There is always a delicate balance between law enforcement’s duties and the protection of individual rights. When an arrest is made, leading to a conviction for possession of fentanyl and crack cocaine, an appeal often rests on weighing the need for denunciation and deterrence with respect for an individual’s liberties. Such was the case in the recent Ontario Court of Appeal decision in R. v. James, 2025 ONCA 213.
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March 21, 2025
B.C. Court of Appeal overturns insurance decision that denied fire coverage due to marijuana plants
The British Columbia Court of Appeal has allowed an appeal in a case where an insurance company denied coverage to a man for a house fire because he was growing marijuana in his home for medicinal purposes.
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March 21, 2025
Quebec legislative proposal to create Unified Family Tribunal panned by experts
In its latest effort to revamp family law, Quebec introduced a bill that lays the groundwork to establish a unified family court to curb delays, simplify proceedings, and handle the majority of family legal proceedings, with an eye towards eventually stripping Superior Court of family matters, an undertaking family law experts have panned as ill-conceived and riddled with shortcomings as it is currently drafted.
Access to justice: The language of the litigant counts | Ruphine Djuissi
Access to justice in French is a critical issue for Francophones across Canada, particularly with respect to the availability of legal services in French, the quality of interpretation and translation, and equal language rights. It also includes access to French-speaking lawyers and court documents written in French. It is important to ensure that Francophones have access to legal services in their mother tongue or first official language.
Ontario committed to expanding Unified Family Courts but Toronto still lacking
Ontario’s government is vowing to continue working towards the expansion of Unified Family Courts across the province. But a local lawyer says that until a UFC is placed in the Toronto area, millions are being left to navigate a confusing, “two-tiered” family court system.