Access to Justice
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December 03, 2025
How to interpret undefined common words in a statute
The Supreme Court of Canada’s decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39 is not just about securities law.
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December 03, 2025
Saskatchewan Appeal Court finds incarceration ‘demonstrably unfit’ sentence for cannabis offence
Canada passed the Cannabis Act on Oct. 17, 2018, becoming the second country in the world, after Uruguay, to formally legalize the cultivation and recreational use of cannabis. Prosecutions for possession of the substance are now a rarity. The Oct. 2, 2025, Saskatchewan Court of Appeal decision of R. v. Liu, 2025 SKCA 98 stands out for that reason.
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December 03, 2025
Success rate for injured applicants at Licence Appeal Tribunal continues to plummet
As a new associate chair with significant political connections is poised to take over, the Licence Appeal Tribunal (LAT) is facing criticism over the plummeting success rate for people injured in auto accidents who are appealing decisions by insurance companies — a success rate that has dropped precipitously to only eight per cent.
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December 02, 2025
With court coverage shrinking, is the general deterrence effect of sentencing relevant?
Our criminal courts consistently refer to general deterrence when imposing sentences. Section 718(a) and (b) instruct our criminal courts that to protect society and maintain a just, peaceful and safe society, a sentence should denounce unlawful conduct and deter the offender and other persons from committing offences.
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December 02, 2025
Christmas at the courthouse
My first Christmas as a judge was in 1994 at the old courthouse on Clarence Street in Brampton, Ont.
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December 01, 2025
Court approves $59M settlement for staffing-related lockdown class actions
The Ontario Superior Court has approved a $59-million settlement in two class actions brought on behalf of inmates and immigration detainees who experienced staffing-related lockdowns in Ontario correctional institutions.
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November 28, 2025
Rees appeal victory consistent with classic miscarriage of justice cases
Through the excellent work of Innocence Canada, there is a checklist of symptoms indicating that even though a court of law has found an accused person guilty as charged, a miscarriage of justice may have resulted. That checklist includes the following: nondisclosure of crucial evidence, tunnel vision in the original investigation, an alternative suspect suppressed or ignored, a key witness shielded from impeachment at trial, and a decades-long delay in uncovering the truth.
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November 28, 2025
Malayalam speaking defendant wins appeal for access to justice
The right to counsel is a fundamental right guaranteed under the Canadian Charter of Rights and Freedoms, which applies at several key stages. When a person is arrested or detained, police must inform them of the right to speak with a lawyer and give a reasonable opportunity to do so.
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November 27, 2025
Federal government and band council ordered to disclose financial records to band member
Upon discovering an alleged decline in a First Nation community trust fund from around $100 million to less than $9 million between 2013 and 2024, a band member formally requested financial disclosure from both the band council and the federal government to uncover the truth behind this significant issue.
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November 27, 2025
Electricity supply for cryptocurrency mining
Another province has restricted cryptocurrency miners’ access to the electricity supply: Blockchain Labrador Corporation v. Board of Commissioners of Public Utilities, 2025 NLCA 35.