Criminal
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June 16, 2025
CBA awards Jeanne Mayrand-Thibert the Viscount Bennett Fellowship
The Canadian Bar Association (CBA)’s Fellowship Committee has selected Jeanne Mayrand-Thibert as the recipient of the 2025-2026 Viscount Bennett Fellowship.
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June 16, 2025
Horror of provincial jails in Canada
Much to my surprise, on my first day in a provincial jail after my arrest, the two prisoners with whom I shared a cell (I slept on the floor with my head by the toilet) both told me that the conditions in this jail were much worse than in the federal prisons where they had served time.
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June 16, 2025
Ontario Court of Justice appoints 10 new judges
The Ontario government has announced the appointment of 10 new judges to the Ontario Court of Justice, effective June 16, 2025.
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June 16, 2025
Bill C-5: A legal feeding frenzy at the expense of Indigenous jurisdiction
The federal government’s proposed Bill C-5 — which includes the Building Canada Act — sets a two-year timeline for major project approvals. On the surface, it promises efficiency and economic momentum. But from the perspective of many Indigenous leaders and legal professionals, this legislation signals a looming crisis: the sidelining of Indigenous law, the erosion of meaningful consultation, and a surge of culturally incompetent legal advocacy that risks deepening colonial harm.
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June 13, 2025
SCC rules admissibility of Crown-led ‘sexual inactivity’ evidence must be decided in a voir dire
Holding 9-0 that evidence of a complainant’s “sexual inactivity” forms part of their “sexual history” — and is therefore presumptively inadmissible at trial — the Supreme Court of Canada has also clarified that the common law screening procedure for Crown‑led sexual history evidence “should mirror” the s. 276 Criminal Code regime that applies in a voir dire for defence-led sexual history evidence.
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June 13, 2025
Supreme Court Kinamore ruling clarifies rules on sexual history in trials
A fair match in sports requires teams to confront each other on a level playing field. The analogy holds for the courtroom as well. Sexual offence trials in Canada have become increasingly complex, partly due to confusion surrounding the rules governing evidence of a complainant’s sexual history. These rules, designed to prevent reliance on discriminatory myths and protect complainants’ rights, have resulted in uncertainty and disruption during trials. In the recent case of R. v. Kinamore, 2025 SCC 19, Canada’s highest court sought to level the playing field.
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June 13, 2025
Former Supreme Court Justice La Forest dies
Former Supreme Court Justice Gérard Vincent La Forest has died. Justice La Forest, whose long legal career also encompassed government work, private sector lawyering, teaching and sitting on an East Coast appeal court, died June 12, according to a news release. He was 99.
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June 13, 2025
Christopher Johnson receives CBABC award for contributions to legal aid
The Canadian Bar Association, B.C. Branch (CBABC) has recognized criminal justice lawyer Christopher Johnson with the Georges A. Goyer, QC Memorial Award for Distinguished Service.
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June 13, 2025
EVIDENCE - Methods of proof - Complainant’s sexual activity
Appeal by Kinamore from a judgment of the British Columbia Court of Appeal affirming his conviction for sexual assault.
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June 13, 2025
Alberta Court of Appeal tasked with measuring manageable vs. unmanageable risk
We have all heard the phrase, “Lock him up and throw away the key.” The closest our Criminal Code comes to authorizing such a punishment is the designation of an offender as a dangerous offender. Challenging such a designation can be difficult, as one Albertan found in R. v. Bouvier, 2025 ABCA 202.