Access to Justice
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March 23, 2026
Manitoba Court of Appeal determines frustration and fear, not drugs, led to murder
Jon Preston Hastings was convicted of first-degree murder in a King’s Bench judge-alone trial (R. v. Hastings, 2024 MBKB 171). Although conceding that the evidence established an intent to commit murder, Hastings argued that the trial judge erred in finding planning and deliberation, which are essential elements for a first-degree murder conviction. The Manitoba Court of Appeal dismissed the appeal (R. v. Hastings, 2026 MBCA 11).
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March 23, 2026
Class conflicts in corporate COVID-19 claims: Alberta court weighs limits of one class
Class actions promote litigation efficiency and access to justice, but they can also expose tensions between groups of plaintiffs whose interests do not fully align. In Ingram v. Alberta, 2025 ABKB 420, (Ingram) the Alberta Court of King’s Bench (the court) showed how those tensions can become a certification issue when a proposed class definition sweeps together businesses with potentially opposite economic interests.
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March 23, 2026
N.B. moves to end limitation period for victims of intimate partner violence dependent on assailant
New Brunswick is proposing legislation that would remove the limitation period for civil claims by victims of intimate partner violence who were dependent on their assailant. A March 18 news release notes there is no civil limitation period to file claims for damages in cases of assault or battery “for acts of a sexual nature” or for “trespass to the person.”
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March 23, 2026
Seismic Bill 21 case draws record counsel & intervener presence at this week’s four-day SCC hearing
This week’s blockbuster Bill 21 appeal at the Supreme Court involves 140 counsel of record — with 64 of them slated to make oral argument over four days on behalf of the seven main party groups and the record 51 interveners.
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March 20, 2026
B.C. boosts compensation for intimate-image abuse victims
British Columbia is increasing compensation limits for people who have had their intimate images shared without their consent. Victims can now seek as much as $75,000 in compensation through the Civil Resolution Tribunal (CRT) with amendments to the Intimate Images Protection Act now in effect.
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March 20, 2026
Why Ontario is the epicentre of Canada’s remand issue
A recent CBC report noted that Ontario has announced plans for a new jail in Brockville and to add 1,436 new correctional beds by 2032. By any reasonable measure, Ontario should not be facing a jail overcrowding crisis. Crime rates are not surging out of control. Sentencing laws have not dramatically stiffened. Yet the province’s correctional facilities are often beyond safe capacity. The explanation lies not in who is being sentenced but in who is waiting.
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March 19, 2026
Law school: The dean, the dance and the Holy Grail
There are three reasons I decided to apply to Queen’s law school back in 1968.
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March 19, 2026
The view from inside jail: Parole hearing
I’ve written twice previously about aspects of parole — how complicated it is to figure out, and about halfway houses and the crazy rules of parole. A parole hearing, though, is a unique exercise in public humiliation, in some ways worse than a trial. Like a trial, it is a piece of theatre, with all the parts scripted in advance.
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March 19, 2026
Appeal Court overturns sex assault conviction, orders new jury trial
At the core of a fair criminal trial lies a simple principle: the accused, not the lawyer, must decide the most basic choices about how the defence will be carried out. In a recent decision, the Ontario Court of Appeal determined that this principle was broken when a man convicted of sexual assault was never properly informed of his critical rights, including whether to testify and whether to appear in court in person.
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March 17, 2026
N.W.T. releases feedback on changes to union rules for public sector workers
The Northwest Territories has released feedback on possible legislative changes around how unionized public servants are represented.