Access to Justice

  • May 07, 2026

    When enforcement fails: Cost recovery and the PAWS Act

    A recent report by Global News, drawing on freedom-of-information materials obtained by Donna Power and the Humane Initiative, adds an important and deeply troubling dimension to concerns I raised several weeks ago about Ontario’s animal welfare regime.

  • May 07, 2026

    Lack of procedural fairness leads to overturning of drug convictions

    Substantive law defines what constitutes a crime, while procedural law dictates how the case is handled. A conviction requires both evidence proving guilt and adherence to proper procedure to ensure a fair trial. Sometimes, the substance is so glaring that the focus on trial fairness can take a back seat.

  • May 06, 2026

    N.B. introducing legislative changes for better patient safety, quality of care

    New Brunswick has proposed legislation aimed at improving patient safety and “quality of care” through the establishment of an advisory committee, the clarifying of what is meant by “safety incidents” and improving the use of data in tracking trends.

  • May 06, 2026

    Alberta invests $8.9M to build Western Canada’s first provincial forensic DNA laboratory

    The Government of Alberta is investing $8.9 million to build Western Canada’s “first provincial forensic DNA laboratory to speed up investigations and support prosecutions.”

  • May 05, 2026

    The Nova Scotia RCMP: Not again

    Last week, as I write this on May 4, 2026, I watched part of a press conference that made me want to puke.

  • May 04, 2026

    Successful acquittal on appeal attributed in part to overly hasty police action

    Sometimes it is not a defence lawyer who is responsible for an acquittal. Sometimes an acquittal may result from police actions.

  • May 04, 2026

    Bill C-223 won’t ‘fix’ relocation law, it’ll distort the burden of proof

    Let’s start with the burdens of proof in the 2021 amendments which I discussed in my October 2025 article (“Bill C-223: Bad ideas on child relocation”). The burdens of proof are intended to give structure to the analysis of the best interests of the child, based upon what we do and don’t know about the impact of relocation upon children.

  • May 04, 2026

    Treaty medal and the Crown: No one’s bending the knee

    First-year property law, 1988. Two hundred students. I could feel the energy in the room of young people excited to have made it into UBC law school. Professor Tod enters and slams the door. Walks over to the podium and scans the room while saying, “All title is vested in the Crown.” I felt like he was looking directly at me or even searching for visibly First Nation students as if to say, “We will not be tolerating any uppity Indians in this course!”

  • May 04, 2026

    Ontario’s government wants to keep you in the dark: What are they hiding?

    Roughly every four years, voters elect a government and grant it significant powers and responsibilities. But winning an election does not mean one has been given carte blanche to act as they see fit until the next election. Governments must exercise public power in accordance with the Constitution, and voters have the right to know how elected officials are using this power. Ontario’s rushed amendments to freedom of information and privacy laws enacted a few days ago through the government’s Bill 97, Plan to Protect Ontario Act (Budget Measures), 2026 directly attack both of these fundamental democratic principles.

  • May 01, 2026

    Law delaying redrawing of Quebec voting boundaries an infringement of voting rights: SCC

    The Supreme Court of Canada has confirmed there was an unjustified infringement on Quebec residents’ voting rights due to a law that interrupts the process of determining electoral boundaries.