Constitutional
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December 19, 2025
Deferred custody provisions in youth criminal legislation constitutional: Ontario Appeal Court
Ontario’s top court has ruled that prohibitions on deferred custody in the Youth Criminal Justice Act (YCJA) do not violate the Charter, with some legal observers saying the decision limits the flexibility of sentencing judges.
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December 18, 2025
Staffing issues at N.L. provincial courts overdue for solutions: lawyers
Problems that have led to the recent stoppage of civil, traffic and other matters in some of Newfoundland and Labrador’s provincial courts should have been dealt with some time ago, say lawyers.
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December 17, 2025
FCA upholds finding that ISC unreasonably denied Jordan’s Principle funding for mould remediation
The Federal Court of Appeal has upheld a ruling that set aside Indigenous Services Canada (ISC)’s refusal to fund mould remediation in the on-reserve home of two First Nations children, finding that the department’s reasons were insufficient and failed to meaningfully engage with the funding applicant’s submissions.
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December 17, 2025
Experts warn reading of UNDRIP into B.C. law could cause major legal uncertainty
Legal experts are warning that a landmark B.C. Court of Appeal ruling requiring all provincial laws to be interpreted in line with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has introduced an unprecedented level of legal uncertainty in the province.
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December 15, 2025
B.C. court dismisses appeal; treaty-rights defence over severalty land can proceed
The British Columbia Court of Appeal has dismissed an appeal of a regional district and the province, upholding the finding that it may be arguable that lands that were transferred in fee simple under a treaty agreement may still have some characteristics of treaty land for purposes of s. 35 of the Constitution Act.
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December 15, 2025
Joint trials, case complexity allow Crown to stray from Jordan guidelines, says Ontario Appeal Court
In a case involving two respondents charged with drug offences as part of a massive 11-month interagency investigation of cross-border trafficking, the Ontario Court of Appeal has set aside the stay of proceedings against them and ordered a new trial.
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December 12, 2025
CBA warns against undermining courts after B.C. premier’s remarks on ‘toxic’ impact of rulings
Canadian Bar Association president Bianca Kratt has issued a statement calling on governments to avoid statements that damage the legitimacy of courts following B.C. Premier David Eby’s recent comments describing court decisions concerning Indigenous rights as creating “toxic” uncertainty.
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December 12, 2025
B.C. Court of Appeal rules UNDRIP part of provincial law
British Columbia’s top court has held that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is part of B.C. law and that the province’s mineral claims regime is inconsistent with UNDRIP.
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December 11, 2025
Proposed Alberta independence question violates Charter, Indigenous treaty rights: judge
A judge has ruled that a proposed referendum question on Alberta independence is unconstitutional — and has called out the provincial government for proposing a law that would take away the future ability for a court to determine whether such a question would violate Charter rights.
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December 10, 2025
Alberta’s passage of notwithstanding clause bill slammed by legal, rights groups
Alberta has once again used the Charter’s notwithstanding clause to shield its legislation from constitutional scrutiny, this time for laws affecting medical treatment and pronoun use by transgender youth.