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May 20, 2026
The spectre of police surveillance has long occupied an uneasy place in Canadian constitutional law. Wiretaps, tracking warrants, production orders and covert searches have traditionally been constrained by judicial authorization and Charter scrutiny.
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May 20, 2026
The Supreme Court of Canada’s landmark decision recognizing a new tort of intimate partner violence may have consequences extending well beyond tort law. Combined with British Columbia’s recent expansion of virtual family court appearances, the ruling significantly strengthens the argument that Canadian courts must continue modernizing remote hearing infrastructure to better protect vulnerable litigants.
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May 19, 2026
Criminal defence counsel frequently find redactions in disclosure material. Sometimes large passages are obscured or “highlighted in black,” as I used to say. In November 2025, the Federal Court gave us some insight as to why and when such deletions are appropriate. That decision was Canada (Attorney General) v. Majcher, 2025 FC 1777.
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May 15, 2026
This column is quite different from most of my previous ones in that it focuses on something other than my own experience. However, it grows entirely out of that experience. To reassure readers (beyond the many citations in the text), when I was arrested I had an extensive background in reading and analyzing social science research. In the years since my arrest, I have read and made notes on more than 1,000 books, reports and research studies in this field. I have talked with dozens of experts — lawyers, criminologists and community leaders — and even given presentations at conferences. Every claim in this column can be verified by looking at reputable sources in the field, including the reports of Canada’s Correctional Investigator.
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May 15, 2026
In R. v. Ordonio, 2025 ONCA 135, the Criminal Lawyers’ Association (CLA), as intervener, argued that Reid technique-induced statements from an accused person should be treated as presumptively inadmissible. The Court of Appeal thought otherwise, opining that the determination of whether (or not) the technique had been used would be a labour-intensive misuse of resources. The decision surveyed some of the criticisms of the practice from the criminology literature. It also considered how some Canadian courts have viewed the procedure. A more comprehensive and contemporary review might have given rise to a different result.
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May 14, 2026
Three members of British Columbia’s legal community were recognized by the Canadian Bar Association, B.C. Branch (CBABC) on May 9 for their dedication to the profession and to supporting others.
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May 14, 2026
During my more than 20 years as a member of the parole board, it was normal (not required) that after a hearing had ended (no further questions from the panel members), the chair of that panel would ask the parole officer who had presented the case whether they had any comments that flowed from the hearing process.
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May 13, 2026
Case planning conferences and judicial management conferences in civil and family proceedings in British Columbia will now, by default, be held by videoconference, according to a May 13 release.
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May 13, 2026
Practising in rural Ontario and the North gives me a perspective on the access-to-justice crisis we are currently facing. Many vulnerable people face child protection proceedings while also dealing with addiction, poverty, mental health challenges and isolation. These are real, human stories, families at risk of being separated, children caught in uncertainty and communities trying to help with fewer resources.
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May 13, 2026
Bernie Herman, a married man and a 30-year RCMP officer, was charged with the first-degree murder of Braden Herman, his intimate same-sex partner.