Access to Justice
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July 25, 2025
SCC gives its first interpretation of ‘unfit to stand trial’ and capacity to ‘conduct a defence’
The Supreme Court of Canada has 9-0 provided its first interpretation of the decades-old definition of “unfit to stand trial” contained in Criminal Code s. 2, shedding light on the considerations and standard for assessing whether an accused has the requisite capacity to “conduct a defence.” On July 25, 2025, the top court dismissed 6-3 an appeal brought by an Ontario man convicted of first-degree murder, who argued he was unfit to stand trial and who also moved to introduce fresh evidence on appeal to show that he was not criminally responsible at the time of the killing: R. v. Bharwani, 2025 SCC 26.
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July 25, 2025
Successful parole bid augurs well for eventual exoneration in coke smuggling case
It is often said that in prison, small issues can become significant. To many, transitioning from a penitentiary to a community-based halfway house might seem like just a change in who supervises daily life. However, for Jeffrey Kompon, the Parole Board of Canada’s decision to transfer him from an Ontario federal prison to a halfway house was more than just a reduction in restrictions — it represented hope that exoneration could eventually come.
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July 24, 2025
Alberta expands family justice strategy to more municipalities
The Alberta government is expanding its family justice strategy — which aims to give Albertans a more streamlined and consistent process to access family justice services — to more municipalities in the province.
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July 24, 2025
Manitoba groups getting almost $1 million for accessibility projects
Manitoba is giving $820,000 to numerous community organizations in a bid to tear down barriers and improve accessibility for those with disabilities.
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July 24, 2025
Family separation consequences taken into consideration in sentencing
When a family relationship ends, it can be likened to the nursery rhyme “Humpty Dumpty.” When the details of the breakup are presented in court, a judge’s role is to try to put the pieces together again. That appears to be the task the Ontario Court of Appeal took on in R. v. D.L., 2025 ONCA 533. They became the king’s horses and king’s men.
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July 23, 2025
Nunavut Indigenous still hampered by ‘Eurocentric’ family law: lawyer
Indigenous people caught in Nunavut’s family law system continue to face child welfare challenges due to a conflict between their need for community-based solutions and the justice system’s “westernized” notions of what constitutes family. So says Ontario lawyer Andrea Clarke, who recently hosted an online lecture for the Law Society of Nunavut.
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July 22, 2025
No surprise B.C. government conceded defeat in solitary confinement class action
With the abolition of corporal punishment and the end of capital punishment in Canada, we have long maintained that the only penalty we impose is deprivation of liberty. However, while we collectively praised ourselves for humane treatment of prisoners, we often overlooked the torture caused by solitary confinement. We were depriving inmates of their freedom but also inflicting psychological torment.
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July 22, 2025
Who is responsible when a dog bites?
Everybody loves a dog — until it bites.
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July 21, 2025
Federal Court quashes thalidomide survivor support denial over lack of explanation, genetic testing
The Federal Court has set aside a denial of benefits under the Canadian Thalidomide Survivors Support Program (CTSSP), finding the decision lacked sufficient explanation and transparency given its significance to the applicant.
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July 21, 2025
Where law takes centre stage in musical theatre
Long a vivid platform for storytelling, musical theatre unravels complex, multifaceted human experiences. One of the fascinating dimensions explored over decades is the intersection of law and art — a realm where legal themes provide both conflict and resolution, hamper and catalyze dramatic evolution within narratives. Legal themes are woven into the fabric of musical theatre, offering unique insights into society, personal morality and the enduring struggle for justice.
Access to justice: The language of the litigant counts | Ruphine Djuissi
Access to justice in French is a critical issue for Francophones across Canada, particularly with respect to the availability of legal services in French, the quality of interpretation and translation, and equal language rights. It also includes access to French-speaking lawyers and court documents written in French. It is important to ensure that Francophones have access to legal services in their mother tongue or first official language.
Ontario committed to expanding Unified Family Courts but Toronto still lacking
Ontario’s government is vowing to continue working towards the expansion of Unified Family Courts across the province. But a local lawyer says that until a UFC is placed in the Toronto area, millions are being left to navigate a confusing, “two-tiered” family court system.