Access to Justice
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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.
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November 26, 2025
Police behaviour sparks ‘excited delirium’ debate
“It’s letting the cops get away with murder!” That’s the reaction of one cynic upon hearing the Nov. 21, 2025, CTV News report on the Ontario Provincial Police probe that looked into the propriety of the Vancouver Police officers involved in the 2007 taser death of Robert Dziekański at Vancouver International Airport.
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November 25, 2025
B.C. Court of Appeal upholds nine-year sentence despite Gladue
In R. v. Billy, 2025 BCCA 405, Clint Aaron Jeremy Billy appealed his nine-year cumulative sentence for a series of robberies and related imitation-firearm offences.
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November 24, 2025
Manitoba introduces intimate images legislation with ‘nearly nude’ addition
Manitoba is proposing legislation to better protect people from the non-consentual sharing of intimate images by expanding the prohibition to include “nearly nude” versions.
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November 24, 2025
Issue estoppel in question in decision upholding $1 million forfeiture despite acquittal
It was a million-dollar gamble, but one that Marcel Breton fought to win.
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November 21, 2025
Supreme Court decision fundamentally changes how courts treat internal prison decisions
Lawyers practising prison law have a new and very powerful arrow added to their quiver.
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November 21, 2025
Ontario’s impaired-driving restitution proposal: Legal and policy challenges ahead
As reported by Law360 Canada, the Ontario government is exploring a new measure that would require impaired drivers who kill a parent or guardian in a motor vehicle accident to make ongoing financial support payments to the victim’s surviving children. The idea mirrors Bentley’s Law in Texas, enacted in 2023, which mandates long-term restitution — essentially child support — whenever an impaired driver is convicted of what Texas law refers to as “intoxication manslaughter” (the Canadian analogue most closely maps to “Impaired Operation Causing Death” under s. 320.14(3) of the Criminal Code).