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.’
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
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]
