Criminal
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February 06, 2026
EVIDENCE - Admissibility - Private communications - Inadmissible interceptions - Privileged communications
Appeal by the Crown from a judgment of the Saskatchewan Court of Appeal which affirmed the acquittal of Fox. Fox was a criminal defence lawyer whose client was the subject of wiretap authorization.
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February 05, 2026
Appeal Court addresses sentencing challenges for multi-million-dollar fraudsters
At one time, the only guidance the Criminal Code provided to sentencing judges was the minimum and maximum sentences applicable to crimes. Although criticized by a Sentencing Commission, denunciation and deterrence became key sentencing considerations and were even incorporated into the Code.
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February 05, 2026
Judges must use restraint when sentencing youthful, first-time offenders: lawyer
Sentencing judges must consider the “restraint principle” when dealing with youthful offenders lacking a criminal record, says the lawyer of a young tow truck driver convicted of drug and gun crimes.
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February 05, 2026
B.C. announces community advisory group to tackle extortion
B.C. Premier David Eby and Minister of Public Safety and Solicitor General Nina Krieger have announced that a community advisory group will be established to support the province’s ongoing investigations to fight extortion.
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February 05, 2026
Household goods as hostages: Why enforcement must catch up to ‘rogue mover’ scams
Every week in the Greater Toronto Area, consumers seek help with a problem that is difficult to believe until it becomes familiar: a moving company offers an attractive quote, loads a household’s belongings into a truck and then demands thousands of dollars more before releasing the goods.
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February 05, 2026
CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Trial within a reasonable time
Appeal by Crown from stays of proceedings entered under s. 11(b) of the Canadian Charter of Rights and Freedoms for unreasonable delay. The respondents, Singh and Narang, were charged with drug trafficking offences following Project Cheetah (project), an 11-month interagency investigation into cross-border drug trafficking involving dozens of accused in multiple jurisdictions.
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February 04, 2026
Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges
Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up. In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”
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February 03, 2026
The open court principle versus reputational loss
The open court principle is a powerful doctrine that has been inextricably linked to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The principle permits public access to information about the court, which, in turn, fosters the public to discuss, opine and criticize court practices and proceedings. As well, the principle permits members of the public to obtain information about the courts and the cases that are heard by them.
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February 03, 2026
Counsel conduct leads to mistrial in Nova Scotia
In many instances, the claim on appeal is that the accused received ineffective assistance of counsel. A claim of ineffective assistance can result in a new trial if it is shown that counsel’s acts or omissions fell below the standard of reasonable professional assistance and resulted in an unfair trial or a miscarriage of justice. It is rare for a trial in a provincial court to be adjourned because an accused person makes a claim for ineffective assistance of counsel midway through the trial. Yet such was the case in R. v. MacQuarrie, 2026 NSPC 5.
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February 03, 2026
Poverty big factor contributing to mass incarceration of Indigenous people in Saskatchewan: lawyer
Poverty is driving the high number of imprisoned Indigenous people in Saskatchewan, says a lawyer. Brady Knight, a Saskatoon-based criminal lawyer, calls the issue of Indigenous mass incarceration in the province “a concerning and pressing problem.”