Access to Justice
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December 09, 2025
Federal Protecting Victims Act proposes wide-ranging & some contentious criminal law changes
The federal government has introduced a wide-ranging “Protecting Victims Act,” which proposes, among many things: the expansion of various offences and punishments; new restrictions impacting the current interpretation of the Charter rights of accused persons to speedy trials and to make full answer and defence in sexual assault and other prosecutions; the creation of a number of novel Criminal Code offences; and the effective “restoration” for future sentencing (via a new judicial discretion “safety valve”) of “all” unconstitutional Criminal Code mandatory minimum penalties (MMPs) that were struck down as cruel and unusual punishment by various courts.
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December 09, 2025
Are Canadian courts fit for purpose?
With the Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 decision, the British Columbia Supreme Court cast aside nearly a millennium of certainty regarding land ownership. It did this by severely limiting the rights inherent to fee simple title. It additionally declared invalid land titles under the province’s Torrens land registry system (undermining the provincial guaranty inherent in Torrens systems). Given the nature of the claim, namely ownership and development of land that occurred in the absence of a formal treaty, this decision has nationwide implications.
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December 09, 2025
B.C. case highlights differences between ‘con code’ and law’s limited understanding of jail justice
Canadian courts often invoke the Charter of Rights and Freedoms when evaluating the actions of police, prosecutors and trial judges. Section 7, guaranteeing “life, liberty and security of the person,” forms the core of our constitutional framework. However, the protection it offers does not always reach those who need it most.
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December 08, 2025
Federal Court finds Canada owes fiduciary duty for on-reserve First Nations housing, water
A Federal Court judge has ruled that Canada owes a fiduciary duty to provide, ensure or not impede access to adequate on-reserve housing for remote First Nations.
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December 08, 2025
From hallucination to indictment: The criminalization of the AI-enabled lie
On Dec. 4, the Ontario Superior Court of Justice crossed a Rubicon that legal technologists and ethicists have been watching with trepidation for years. In Ko v. Li, 2025 ONSC 6785, Justice Fred Myers referred a lawyer, Jisuh Lee, to the Attorney General of Ontario for criminal contempt of court proceedings.
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December 05, 2025
Nova Scotia court approves $36.2M settlement in deaf schools abuse case
The Nova Scotia Supreme Court has approved a $36.2-million settlement for a class action concerning the alleged abuse and mistreatment of former students at two schools for deaf children, according to a release issued on Dec. 4 by class counsel Wagners.
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December 05, 2025
Supreme Court rules in R. v. B.F. attempted murder case
When someone has provided a person with the means to take their own life, and that person makes an independent and autonomous choice to do so, the question arises: how are we to distinguish between the offences of culpable homicide and aiding suicide?
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December 05, 2025
Brutality of crime informs sentencing, appeal in B.C decision
Criminologists might use “strain theory” to explain crimes committed by individuals who grew up in deprivation and are unable to reach their goals through legitimate means. While such individuals deserve sympathy, how far should an appellate court go in reducing sentences when the crime was brutal? That was the issue facing the Manitoba Court of Appeal in R. v. Heinrichs, 2025 MBCA 101.
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December 04, 2025
N.B. releases latest disability action plan
New Brunswick has released its new disability action plan, which makes numerous recommendations around addressing poverty among that population — with an objective to increase access to justice and “legal decision-making supports.”
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December 04, 2025
Ontario Court of Appeal weighs real public risk against public opinion
There is significant public pressure to deny bail after a person is arrested for a criminal offence. It is also reasonable to expect that this pressure could influence a Court of Appeal judge to refuse bail when an application for bail pending appeal is made, especially if the conviction involves a serious offence.