Access to Justice
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March 20, 2025
Unreliability of ‘sexting’ in determining sexual intention | Elaine Craig
“Sexting” is a frequent form of sexual activity, including for young women — a group at higher risk of experiencing sexual violence. Unsurprisingly, the admissibility of sexual assault complainants’ sexual text messages (and other digital communications) has been at issue in numerous, recent appellate court decisions in Canada. This issue is one of substantial importance for the dignity, privacy and equality interests of sexual assault complainants, and society’s interest in encouraging sexual assault survivors to come forward.
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March 19, 2025
Ford announces new Ontario cabinet, most ministers remain in position
Ontario Premier Doug Ford has announced his new cabinet, emphasizing that they will deliver on the province’s mandate to “do whatever is necessary to protect Ontario in the face of tariffs from the United States.”
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March 19, 2025
Taxpayers’ Ombudsperson makes recommendations on Canada child benefit for temporary residents
The Taxpayers’ Ombudsperson François Boileau has released a review of an examination of issues that may prevent some temporary residents from receiving the Canada child benefit (CCB) in a timely manner. The main issue found was that the Canada Revenue Agency (CRA) stopped paying CCB after a temporary resident’s status had expired in its system, despite them being eligible for the benefit.
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March 19, 2025
Are we seriously tackling anti-Black racism? Part two | Hodine Williams
Part one of this series (see below for link) looked at how anti-Black racism has been demonstrated in the legal system. I provided some statistics and examined the cases of R. v. Le, 2019 SCC 34 and R. v. Grant, 2009 SCC 32, which involved police searching individuals.
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March 19, 2025
Case illustrates why sentencing can include consideration of future harm
Should our criminal law be proactive in preventing future wrongdoing, or should it simply apply to wrongs that have been proven to have been committed? The Ontario Court of Justice was implicitly presented with this question.
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March 18, 2025
Federal Court dismisses $2.5B class action alleging anti-Black discrimination in public service
The Federal Court has dismissed a proposed $2.5 billion class action commenced by Black public servants who alleged systemic discrimination in hiring and promotions in the public service.
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March 18, 2025
Quebec, Ontario courts approve $14.7M settlement in antipsychotic drug class action
The Ontario Superior Court of Justice and the Superior Court of Quebec have approved a class action settlement of over $14 million for those who suffered adverse reactions to aripiprazole, an atypical antipsychotic drug that sells under the brand names Abilify and Abilify Maintena.
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March 18, 2025
Distinction between factual, legal causation at heart of Mennonite-buggy-car crash appeal
Dayton Kelly was 19 years old on Oct. 24, 2021, when the Honda Civic he was driving collided with a horse-drawn buggy, killing its driver, Daniel Martin, 76, and his wife Ester, 79. They were described in court as Mennonites. It was dark when the accident occurred; the buggy was without lights and there were no streetlights at about 8:46 p.m. The Civic slammed into the passenger side of the buggy as Martin was crossing Highway 86. Martin died at the scene and his wife died two weeks later.
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March 17, 2025
Federal Court of Appeal decision keeps class action alive involving Indigenous women inmates
Indigenous female inmates in Canada’s federal prison system have gained a partial legal victory in their quest to certify a class action against the government over discrimination by the Correctional Service of Canada (CSC).
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March 17, 2025
Are we seriously tackling anti-Black racism? | Hodine Williams
Canada loves to tell the world — and itself — that it’s a model of diversity and inclusion. We point to the Canadian Charter of Rights and Freedoms, our multicultural policies, and our reputation as a welcoming nation. We feign and dance around the issue so often as if pretending it doesn’t exist will somehow make it magically disappear.