Criminal
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February 18, 2025
B.C. Court of Appeal applies Charter to quash multiple drugs, weapons convictions
The Court of Appeal for British Columbia applied the Canadian Charter of Rights and Freedoms to quash the conviction of a Vancouver man on multiple counts of drugs, firearms and weapons offences. The unanimous decision in R. v. Khamvongsa, 2025 BCCA 33, announced February 5, resulted in a new trial for Khamphou Khamvongsa, after having been convicted on 13 counts in the Provincial Court of British Columbia (R. v. Khamvongsa, Vancouver Docket 255078-2) in 2023.
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February 18, 2025
Duty to give AI reasons: Explainability at work
Procedural fairness is the cornerstone of any legitimate legal system. It ensures that legal proceedings are conducted with transparency, equity and respect for the rule of law. In an era where artificial intelligence (AI) is becoming increasingly integrated into judicial and administrative decision-making, two principles are emerging as non-negotiable requirements of procedural fairness: explainability, and the “human-in-the-loop” (HITL) principle.
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February 18, 2025
Never say you are suicidal | David Dorson
On admission to any provincial jail or federal prison one of the first questions you will be asked is whether you have any suicidal feelings. This makes sense; the experience of being arrested can be quite traumatic, and sitting in a jail cell thinking about the consequences can easily bring thoughts of despair. Your life looks ruined and the future can seem bleak indeed.
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February 14, 2025
Jump principle properly considered in sentencing, Appeal court decides
Sentencing is often said to be the most challenging part of a trial judge’s duties. As pointed out in R. v. Hamilton (2004), 189 O.A.C. 90 (C.A.), sentencing is a human process that requires a look at the specific offence as well as the unique attributes of the offender.
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February 14, 2025
Civil liberties groups say police use of facial recognition technology ‘demands critical scrutiny’
A coalition of civil liberties organizations from around the globe has developed a series of minimum principles they say law enforcement should follow when using facial recognition technology.
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February 14, 2025
Quite the departure | Marcel Strigberger
“Only two things are infinite — the universe and man’s stupidity; and I’m not too sure about the universe.” — (often attributed to) Alberta Einstein
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February 14, 2025
Ontario’s top court provides clarity on impaired driving causing death law
Through a consequential ruling, the Ontario Court of Appeal has provided clarity on a section of the Criminal Code dealing with the death of someone involved in a traffic accident with a driver operating a vehicle while impaired.
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February 14, 2025
Hosel rockets: Time to drop the glove(s)? | Michael Cochrane
It had been a particularly hot and humid day for a round of golf, downright sticky and nothing was going right. This was not what I had imagined as I drove to the course that morning. Nor was it the breakthrough round I sensed was imminent as I warmed up on the range. No, after several holes too many bunkers had been excavated, my ball retriever was working overtime searching murky ponds and a sleeve of expensive new balls had disappeared after a mere one stroke each. And then there was the slow play. Our group was actively grousing about the delays. (“The front nine shouldn’t take three hours. Where’s the marshal?”)
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February 13, 2025
CBA urges new funding as Federal Court’s massive budget shortfall threatens drastic service cuts
The Liberal government’s underfunding of the Federal Court could “drastically” reduce service to litigants, its chief justice warns, spurring the Canadian Bar Association (CBA) to call for urgent “off-cycle” federal funding to address the national trial court’s chronic multi-million-dollar budgetary shortfalls.
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February 13, 2025
Reflections on a setback | David Peters
Some soul searching was in order. I was clearly not excelling in my career, but I didn’t know why. I had the education and background to succeed, but things weren’t clicking. I knew the reason may be linked to viewing my job only as a means to an end — saving enough to retire — instead of as a vocation, an end in itself, as a meaningful part of life to be enjoyed not hurried through. In short, something to be passionate about. As I reflected upon the role I played in my dilemma, I knew I must change. I like to read and learn, so I sought answers in books. Maybe, after all, I would find something useful. I did.