SCC clarifies warrantless arrest power, affirms right of defence to challenge legality of such arrests
Supreme Court of Canada Justice Suzanne Côté said that in enacting Criminal Code ss. 495(2) and (3), ‘Parliament sought to reduce unnecessary arrests without warrant and to protect a peace officer who made an arrest without warrant if, in good faith, the officer made a mistake in judgment.’
Friday, December 12, 2025 @ 5:47 PM
Ruling 9-0, the Supreme Court of Canada has delineated statutory limits on the power of police to make warrantless arrests and the nature of their statutory partial immunity for “good faith” but mistaken warrantless arrests, thereby clarifying that Criminal Code s. 495 does not bar a criminal accused from the opportunity to allege that their warrantless arrest was illegal and thus infringed their s. 9 Charter-guaranteed right not to be arbitrarily detained or arrested. ... [read more]
CBA warns against undermining courts after B.C. premier’s remarks on ‘toxic’ impact of rulings
Friday, December 12, 2025 @ 4:28 PM
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. ... [read more]
B.C. Court of Appeal rules UNDRIP part of provincial law
Friday, December 12, 2025 @ 11:31 AM
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. ... [read more]
CRA doubles client responses, completes 100-day Service Improvement Plan
Thursday, December 11, 2025 @ 5:26 PM
The Canada Revenue Agency (CRA) has announced it has made significant progress in reducing client wait times and improving its service standards since the launch of its 100-day Service Improvement Plan earlier this year. However, the Taxpayers’ Ombudsperson noted improvements still need to be made. ... [read more]
Proposed Alberta independence question violates Charter, Indigenous treaty rights: judge
Thursday, December 11, 2025 @ 4:56 PM
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. ... [read more]
