Split SCC sheds light on Indigenous sentencing in intimate partner violence cases & role of sentencing circles
Supreme Court of Canada Justice Michelle O’Bonsawin held for the majority that the Indigenous offender’s sentence ‘is severe enough to denounce and deter this intimate partner violence, a form of violence that has been overlooked for far too long, while also offering a real chance to address [his] long-term pattern of offending rooted in mental health challenges and substance abuse.’
Friday, October 09, 2026 @ 5:39 PM
The Supreme Court of Canada has explained how three Criminal Code sentencing provisions should interact and be interpreted when both the victim and offender are Indigenous, and how sentencing circles fit into the mix. On Oct. 9, the top court split 5-4 to dismiss the Nova Scotia Crown’s appeal from a majority Nova Scotia Court of Appeal decision that reduced the five-year sentence a provincial court judge imposed on respondent Harry Arthur Cope to three years (less remand credit of 18 months): R. v. Cope, 2026 SCC 32. ... [read more]
SCC’s historic female majority ended after just 2 women applied for top court’s western vacancy
Tuesday, October 13, 2026 @ 5:10 PM
Only two women applied for the latest Supreme Court of Canada vacancy, filled by Manitoba’s Glenn Joyal, whose appointment last June restored a 5-4 male majority, ending the high court’s first female majority on the top bench. ... [read more]
Ontario’s top court revives challenge to encampment bylaw, rejects stereotyped credibility findings
Tuesday, October 13, 2026 @ 5:01 PM
The Ontario Court of Appeal has revived a constitutional challenge to a Hamilton bylaw prohibiting tents and sleeping in public parks, finding that the application judge failed to apply the legal tests for the alleged Charter breaches. ... [read more]
Saskatchewan high court examines judge’s need to look at directing officer’s grounds to arrest
Tuesday, October 13, 2026 @ 3:53 PM
A man convicted of gun crimes has been given a new trial after it was found the judge erred in focusing on the arresting officer’s grounds to apprehend the suspect, rather than those of an officer who greenlighted the grab from a surveillance plane. ... [read more]
Court dismisses review of transport rate arbitration between copper mine, CNR
Tuesday, October 13, 2026 @ 3:13 PM
The Federal Court has rejected a judicial review application after finding that an arbitrator’s admission of CN Rail’s graphs during closing submissions did not breach procedural fairness in a transportation rate dispute. ... [read more]