Access to Justice

  • May 26, 2026

    Successful appeal in aggravated assault conviction leads to judicial stay of proceedings

    An argument escalated into a physical fight during which Maria Elena Martinez bit off the tip of the complainant’s pinkie finger.

  • May 25, 2026

    Dissent in SCC murder case highlights importance of broader circumstantial evidence

    Can an out-of-court statement be used to convict a party of a crime, or must it be rejected as hearsay? That question was the focus of a Supreme Court of Canada decision released on May 22.

  • May 22, 2026

    Ahluwalia: What did 5 of 9 judges agree is the bottom line on IPV in Canada?

    Below I answer these questions: What is the new law? What must a victim prove? How can a victim prove her injuries? How will judges calculate compensation?

  • May 22, 2026

    Lost opportunity, rising risk: Why the RNLUP must now move to decision

    In June 2023, following nearly two decades of consultation, revisions and public processes, the Nunavut Planning Commission (NPC) completed and submitted the Recommended Nunavut Land Use Plan (RNLUP). Under the Nunavut Land Claims Agreement (NLCA) and the Nunavut Planning and Project Assessment Act (NuPPAA), the plan requires review and approval by three signatories: Nunavut Tunngavik Inc., the government of Nunavut and the government of Canada. Yet nearly three years later, the plan remains neither accepted nor rejected.

  • May 22, 2026

    2025 recorded execution count highest since 1981

    Amnesty International’s latest annual report on the global state of the death penalty paints a sobering picture.

  • May 21, 2026

    N.L. picks lawyer to review privacy, access to information legislation

    Newfoundland and Labrador has tapped a veteran lawyer to conduct a review of the province’s privacy and access to information laws. It was announced May 20 that Keri-Lynn Power will commence a statutory review of Newfoundland and Labrador’s Access to Information and Protection of Privacy Act.

  • May 20, 2026

    Contemporary high-tech police surveillance technology demands updated legislation

    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.

  • May 20, 2026

    Ahluwalia strengthens the case for remote family hearings

    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.

  • May 19, 2026

    When national security eclipses the public’s right to know

    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.

  • May 15, 2026

    Some evidence matters and some doesn’t: A reflection on research in the criminal justice system

    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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