SCC extends Charter-guaranteed presumption of innocence to inmate discipline proceedings
Winning lawyers Pierre Hawkins (left), public legal counsel of the John Howard Society of Saskatchewan, and pro bono co-counsel Michelle Biddulph of Toronto’s Greenspan Humphrey Makepeace LLP, said the Supreme Court’s majority ruling on the presumption of innocence in inmate discipline proceedings in Saskatchewan means that the ‘beyond-a-reasonable doubt’ standard  ‘must apply to all inmate discipline that carries potential penalties of segregation or loss of earned remission.’
Winning lawyers Pierre Hawkins (left), public legal counsel of the John Howard Society of Saskatchewan, and pro bono co-counsel Michelle Biddulph of Toronto’s Greenspan Humphrey Makepeace LLP, said the Supreme Court’s majority ruling on the presumption of innocence in inmate discipline proceedings in Saskatchewan means that the ‘beyond-a-reasonable doubt’ standard ‘must apply to all inmate discipline that carries potential penalties of segregation or loss of earned remission.’

Friday, March 14, 2025 @ 5:49 PM

Last Updated: Tuesday, March 18, 2025 @ 4:38 PM

Overruling its own 35-year-old precedent while expanding the Charter’s protections for the presumption of innocence into new legal territory, the Supreme Court of Canada split 6-3 to strike down a Saskatchewan regulation that authorized inmate segregation or loss of earned remission to be imposed on those found to have committed a prison disciplinary offence, based only on proof on a “balance of probabilities” standard rather than on the heightened standard of proof “beyond a reasonable doubt.” ... [read more]

Federal Court dismisses $2.5B class action alleging anti-Black discrimination in public service

Tuesday, March 18, 2025 @ 4:51 PM

The Federal Court has dismissed a proposed $2.5 billion class action commenced by Black public servants who alleged systemic discrimination in hiring and promotions in the public service. ... [read more]

Quebec, Ontario courts approve $14.7M settlement in antipsychotic drug class action

Tuesday, March 18, 2025 @ 4:35 PM

The Ontario Superior Court of Justice and the Superior Court of Quebec have approved a class action settlement of over $14 million for those who suffered adverse reactions to aripiprazole, an atypical antipsychotic drug that sells under the brand names Abilify and Abilify Maintena. ... [read more]

Challenge of prosecutorial discretion must meet high standard of showing abuse of process: Court

Tuesday, March 18, 2025 @ 3:35 PM

Ontario’s top court has brought some clarity to the question of who may seek review of the Crown’s exercise of prosecutorial discretion in the context of a private prosecution. ... [read more]

Nova Scotia takes ‘milestone’ step to becoming accessible Becky Druhan, Nova Scotia Minister of Justice.

Tuesday, March 18, 2025 @ 3:25 PM

Nova Scotia has adopted the first of six accessibility standards in its goal of province-wide accessibility. ... [read more]