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November 05, 2025
Every accused person has the Charter right to be tried within a reasonable time. What is considered reasonable was defined in R. v. Jordan, 2016 SCC 27. Calculations under Jordan can be complex. A recent Ontario Court of Appeal decision provided guidance on how to perform a Jordan calculation when there has been a mistrial.
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November 04, 2025
New Brunswick is throwing support behind a new sexual violence unit run by the RCMP in that province.
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November 04, 2025
The British Columbia government has appointed Diba Majzub and Megan Olson to the provincial court, effective Nov. 24.
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November 04, 2025
Although public safety is a shared goal, there remains debate over how best to achieve it. The courts generally stress punishment, denunciation and deterrence, imposing long sentences to keep offenders off the streets. In contrast, within the penitentiary system, a different philosophy has emerged: one centred on rehabilitation and reintegration.
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November 03, 2025
The Ontario government is making a $26.7-million investment to protect survivors of gender-based violence.
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November 03, 2025
Quebec’s beleaguered justice system, already reeling under the weight of chronic underfinancing and an acute personnel shortage, is showing “alarming signs” of a gradual paralysis, prompting the province’s main legal players to call on the provincial government to put a halt to belt-tightening measures.
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November 03, 2025
The fight for our basic freedoms also happens outside our courtrooms. What began as a casual breakfast gathering of local men at a downtown Cobourg, Ont., restaurant turned tense when some members of the group objected to a baseball cap worn by the newest member. The faded red cap displayed the slogan “Make America Great Again.” The cap was on the head of Cobourg criminal lawyer Colin Browne, the only Black man present at the meeting.
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October 31, 2025
In British Columbia, it is well established that a sentence for sexual assault against adults must reflect society’s current understanding of the serious harm and wrongfulness of sexual violence.
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October 30, 2025
The Ontario Superior Court has slashed legal fees for the lawyers who obtained a $10-billion settlement for certain First Nations under the Robinson Huron treaty, reducing their compensation from $510 million to $40 million.
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October 30, 2025
As he steps down today from the diversified and expert bench he’s recruited over the past 14 years, Federal Court Chief Justice Paul Crampton says he’s confident about the national trial court’s future, even though the full implementation of the court’s “digital shift” awaits the necessary funding from Ottawa.
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October 29, 2025
A House of Commons committee is soliciting submissions by Nov. 28 to inform its new study of how the safety of women and children is affected by Canada’s bail and sentencing regimes, and how Criminal Code s. 810 (recognizance orders or peace bonds) can be improved to help keep women and children safe.
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October 29, 2025
A penitentiary inmate will be denied parole if there is a legitimate concern that the inmate may pose a danger to society. According to the Parole Board of Canada, when a parolee is subject to deportation, society includes populations outside Canada.
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October 28, 2025
Counsel who “thumb their noses” at the Federal Court’s requirement to disclose any and all generative AI they used to create court filings will find that the national trial court “won’t hesitate” to ding them with personal costs or initiate contempt proceedings, warns Federal Court Chief Justice Paul Crampton.
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October 28, 2025
Bill C-223, recently introduced as a private member’s bill by backbench Liberal MP Lisa Hepfner, would substantially amend the parenting provisions of the Divorce Act, and in our view harm the interests of children and parents.
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October 28, 2025
There is an ongoing “conversation,” as suggested by the late professor Peter W. Hogg, between the courts and the Ontario Ministry of Community Safety and Correctional Services. That dialogue is now reaching the point of being a shouting match.
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October 27, 2025
The Law Society of Ontario (LSO) has awarded an honorary doctor of laws (LLD) degree to Justice Stanley Sherr at its Oct. 27 Call to the Bar ceremony.
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October 27, 2025
Artificial intelligence is rapidly transforming the landscape of dispute resolution, offering new tools to enhance efficiency, accessibility and consistency. In family law, where disputes are often emotionally charged and deeply personal, the integration of AI into online dispute resolution (ODR) presents both extraordinary promise and significant ethical challenges.
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October 27, 2025
No one could have predicted that Paul Eric Wilson would be the one to bring about changes in Canada’s laws.
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October 24, 2025
The Ontario Court of Appeal has upheld a class action certification of a case alleging that the Canada Border Services Agency (CBSA) unlawfully placed thousands of immigration detainees in provincial prisons instead of immigration holding centres (IHCs), despite them not being tried for any criminal offence.
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October 24, 2025
After years of hearing criticism that the federal government was “soft on crime” and supporting bail policies seen as merely “catch and release” directives, Justice Minister Sean Fraser responded on Thursday by introducing Bill C-14.
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October 23, 2025
When an accused is tried and convicted, few people in the courtroom (judge, jurors, prosecutor, defence counsel and guilty party) likely have a realistic understanding of what a prison sentence involves. It is, therefore, understandable that few novelists or screenwriters have extensive insight into the matter.
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October 22, 2025
Three provinces are holding the 10th annual National Access to Justice Week later this month. Ontario, Manitoba and Saskatchewan are listed as hosing the event, which runs this year from Oct. 27 to 31 and is being quarterbacked by the Action Group on Access to Justice (TAG).
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October 21, 2025
Some critics of our criminal justice system argue that the Charter of Rights and Freedoms functions like a “get out of jail free” card. However, the fact that someone’s Charter rights have been violated does not automatically lead to an acquittal if charges are laid and pursued. The case of Shaun Brabant illustrates this point.
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October 21, 2025
The law is often perceived as logical, precise and rigid, yet some exceptional legal minds defy these expectations. Across Canada, the legal profession is experiencing a long-overdue realization that brilliance comes in a variety of forms and neurological flavours.
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October 20, 2025
In criminal prosecutions, the loss or destruction of evidence can strike at the very foundation of the right to a fair trial. The recent decision to stay charges against Peter Nygård highlights how significant these issues can be, and why defence counsel across Canada must remain alert to them.