Access to Justice
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December 05, 2025
Nova Scotia court approves $36.2M settlement in deaf schools abuse case
The Nova Scotia Supreme Court has approved a $36.2-million settlement for a class action concerning the alleged abuse and mistreatment of former students at two schools for deaf children, according to a release issued on Dec. 4 by class counsel Wagners.
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December 05, 2025
Supreme Court rules in R. v. B.F. attempted murder case
When someone has provided a person with the means to take their own life, and that person makes an independent and autonomous choice to do so, the question arises: how are we to distinguish between the offences of culpable homicide and aiding suicide?
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December 05, 2025
Brutality of crime informs sentencing, appeal in B.C decision
Criminologists might use “strain theory” to explain crimes committed by individuals who grew up in deprivation and are unable to reach their goals through legitimate means. While such individuals deserve sympathy, how far should an appellate court go in reducing sentences when the crime was brutal? That was the issue facing the Manitoba Court of Appeal in R. v. Heinrichs, 2025 MBCA 101.
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December 04, 2025
N.B. releases latest disability action plan
New Brunswick has released its new disability action plan, which makes numerous recommendations around addressing poverty among that population — with an objective to increase access to justice and “legal decision-making supports.”
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December 04, 2025
Ontario Court of Appeal weighs real public risk against public opinion
There is significant public pressure to deny bail after a person is arrested for a criminal offence. It is also reasonable to expect that this pressure could influence a Court of Appeal judge to refuse bail when an application for bail pending appeal is made, especially if the conviction involves a serious offence.
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December 03, 2025
How to interpret undefined common words in a statute
The Supreme Court of Canada’s decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39 is not just about securities law.
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December 03, 2025
Saskatchewan Appeal Court finds incarceration ‘demonstrably unfit’ sentence for cannabis offence
Canada passed the Cannabis Act on Oct. 17, 2018, becoming the second country in the world, after Uruguay, to formally legalize the cultivation and recreational use of cannabis. Prosecutions for possession of the substance are now a rarity. The Oct. 2, 2025, Saskatchewan Court of Appeal decision of R. v. Liu, 2025 SKCA 98 stands out for that reason.
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December 03, 2025
Success rate for injured applicants at Licence Appeal Tribunal continues to plummet
As a new associate chair with significant political connections is poised to take over, the Licence Appeal Tribunal (LAT) is facing criticism over the plummeting success rate for people injured in auto accidents who are appealing decisions by insurance companies — a success rate that has dropped precipitously to only eight per cent.
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December 02, 2025
With court coverage shrinking, is the general deterrence effect of sentencing relevant?
Our criminal courts consistently refer to general deterrence when imposing sentences. Section 718(a) and (b) instruct our criminal courts that to protect society and maintain a just, peaceful and safe society, a sentence should denounce unlawful conduct and deter the offender and other persons from committing offences.
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December 02, 2025
Christmas at the courthouse
My first Christmas as a judge was in 1994 at the old courthouse on Clarence Street in Brampton, Ont.