Access to Justice
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May 27, 2025
Yukoners want more legal services in French
Yukon residents want better access to legal resources in the French language. So states a recent What We Heard report released by Yukon’s government, according to a government news release.
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May 27, 2025
Helpful or hurtful? The dark side of social media sleuthing
Social media keeps us connected and fosters friendship and community. During the pandemic, in those long dark months after the world shut down, it became a crucial source of connectivity for many. In the years since, social media has become increasingly divisive, crude and untrustworthy. In a world of AI, fake news, deep fakes and strong political opinions, it has brought out some of the worst in people.
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May 27, 2025
Application of the 21-foot rule
In summer of 1966 I was introduced to Canadian knife culture. A group of men always carried a knife — at work, the barber shop, the ball game, and even Sundays at church. They were all good friends and respected members of the community. The group included my grandfather and his close friends.
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May 26, 2025
Federal Court rejects constitutional challenge to $20K damages cap in federal human rights cases
The Federal Court has dismissed a constitutional challenge to the $20,000 cap on pain and suffering damages in federal human rights cases, finding the cap does not violate the Charter’s s. 15(1) equality rights.
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May 26, 2025
Federation of Ontario Law Associations asking for revamp of civil rules review
The Federation of Ontario Law Associations (FOLA) is calling on the Ontario government to ensure that ongoing reforms to the province’s civil rules are “representative, evidence-based and reflective of the diverse realities of civil litigation across the province.”
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May 23, 2025
Supreme Court of Canada gives sentencing guidance on ‘enhanced’ credit for pre-sentence custody
The Supreme Court of Canada has granted a convicted sex offender enhanced sentencing credit (1.5 to 1) for the time he spent in presentence custody at a mental health facility in a judgment that also greenlights judges to consider as a factor in determining a fit sentence the time an offender is expected to need to complete institutional rehabilitative programs and treatment, when such measures are adequately supported by the evidence.
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May 23, 2025
Bill 5’s implications for legal profession: Upholding justice system integrity demands our response
As lawyers, we took an oath to ensure access to justice and champion the rule of law. This oath bestows a privilege but also a responsibility to advance the cause of justice and safeguard the rights and freedoms of all persons in Ontario. In light of recent legislation proposed by the Ontario government, this oath — and by extension the Law Society Act that makes it operative — are jeopardized.
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May 23, 2025
Appeal Court cites misapplication of totality as basis for new sentence
No one would deny that child abuse is serious, and more so when the conduct involves child sexual abuse. Should the abuser’s physical and mental condition be factored into a sentence when that person is sentenced? That was a key question before a Manitoba court recently.
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May 22, 2025
Trial prep 101: A practical guide for lawyers (and a message for clients who want to win)
Preparing for trial is not something that begins a month out, or while drafting the trial scheduling endorsement. It begins the moment a lawyer first opens a file. This article walks through the foundational elements of strong trial preparation in the context of family law.
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May 22, 2025
SCC won’t weigh in, for now, on how chronic judge shortages may impact Charter speedy trial right
The Supreme Court of Canada has declined to rule on whether chronic judicial vacancies can contribute to criminal charges being thrown out for unconstitutional trial delay; however the top court appears to be open to grappling with that persistent problem in a future Charter s. 11(b) case, according to counsel for an accused whose Toronto jury trial was postponed for 10 months due to the lack of a judge to preside at the first scheduled trial date.