Access to Justice
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October 08, 2025
Miscarriage of Justice Canada targets B.C. government for mishandling wrongful conviction
The adage “justice delayed is justice denied” has a corollary: justice delayed is compensation denied. What happens when our criminal justice system makes a mistake? Fortunately, groups are stepping forward to correct an existing wrong. They are working to ensure that a wrongly convicted individual, Gerald Klassen, will ultimately be compensated for the injustice he endured at the hands of the state.
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October 07, 2025
Small change, big impact: Ontario expands small claims jurisdiction to $50,000
As of Oct. 1, 2025, the monetary jurisdiction of Ontario’s small claims court has increased from $35,000 to $50,000 (exclusive of costs and interest). While it may appear a merely incremental change, the increase represents a significant procedural development in Ontario’s justice system, affecting not just new claims but potentially existing ones as well.
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October 07, 2025
White designer sunglasses key to upholding robbery conviction
Most criminal trials involve a process where a defendant’s identity is confirmed through in-court identification or evidence linking the accused to the crime. When a trial judge misinterprets evidence, it can lead to a wrongful conviction.
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October 06, 2025
Who is responsible when a dog bites? Part two
Everybody likes the dog until it bites.
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October 06, 2025
‘Systemically oppressive’ income tax rules give the CRA tools not available to police
The federal government is often criticized for not being tough enough on crime. However, there is little discussion about recent efforts to increase scrutiny on taxpayers. The criminal defence bar in Canada remains highly aware of potential abuses and rights violations when police interrogate their clients. Are Canadian businesspeople just as concerned about safeguarding their constitutional rights?
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October 06, 2025
Saskatchewan to regulate non-lawyers in bid to increase access to justice
Saskatchewan has brought into force legislative changes that will allow “non-lawyer legal professionals” to deliver certain services to the public — something officials with the province’s law society say will enhance access to justice for “underserved” residents.
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October 03, 2025
Canadian Intellectual Property Office rules AI cannot be inventor: The DABUS decision
On June 5, 2025, the Canadian Intellectual Property Office’s commissioner of patents ruled that Stephen Thaler’s Canadian patent application No. 3,137,161 was refused. The application, which is titled “Food Container and Devices and Methods for Attracting Enhanced Attention,” listed as its inventor DABUS (Device for Autonomous Bootstrapping of Unified Sentience), an artificial intelligence model created by Thaler.
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October 03, 2025
Lack of clarity in jury instruction leads to new trial in Yukon murder case
Adam Cormack’s body was discovered near a gravel pit sometimes used as an informal shooting range on June 28, 2017. He had a single gunshot wound to the head. Edward James Penner was charged with first-degree murder.
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October 02, 2025
Alberta premier pushes legal challenges to federal policies in justice ministry mandate letter
Alberta Premier Danielle Smith has given marching orders to her justice minister on the issues she expects him to tackle during the upcoming legislative session. At the top of the list is using “every legal means possible” to overturn or overhaul a number of federal initiatives, such as the Impact Assessment Act, the oil and gas emissions cap and Ottawa’s clean energy regulations.
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October 02, 2025
Line crossed: IRCC’s proposed administrative monetary penalties should alarm all Canadian bars
The federal government is quietly implementing a regulatory framework that should alarm every lawyer in Canada, regardless of practice area. Under the guise of addressing immigration “ghost consultants,” Immigration, Refugees and Citizenship Canada (IRCC) has crafted administrative monetary penalties (AMPs) that grant it unprecedented authority to discipline lawyers — the same lawyers who routinely challenge that department’s decisions in court.