Access to Justice
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May 21, 2025
Should TV cameras be allowed in Canadian courtrooms?
The month of May has seen Canadians unusually fixated on courtroom drama. In the United States, we watched as the Menendez brothers sought resentencing to end their “life without parole” for shooting their parents, allowing them in future to go before a parole board to rejoin free society.
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May 20, 2025
Quick guide to specialized peace bonds
The Criminal Code contains eight types of peace bonds, set out in ss. 810 to 810.2. The purpose of this article is to detail their similarities and differences, and in doing so, offer some clarity for those seeking to prevent future harm.
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May 20, 2025
Prison food: Canada vs. Beijing
The BBC is reporting on the case of Matthew Radalj, an Australian citizen sentenced to five years (he claims wrongly) after being forced to sign a confession following his Jan. 2, 2020, arrest in Beijing. Radalj was confined in the Beijing No. 2 prison, a facility housing international inmates. He listed a variety of abuses to a BBC reporter, including severe physical punishment, forced labour, food deprivation and psychological torture.
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May 16, 2025
Federal Court extends deadlines for immigration JRs due to surging cases, inadequate gov’t funding
Contending with far too many immigration cases for its tight budget, the Federal Court this week extended by 45 days its regulation 30-day deadlines for litigants to perfect their applications for leave and judicial review of immigration decisions (ALJRs). Why? Because the registry’s beleaguered staff simply can’t keep up, and now often needs weeks rather than days to intake and process the ALJRs — which have more than quadrupled the average volume the court experienced over the five years immediately preceding the 2020 COVID-19 pandemic.
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May 16, 2025
Ontario bill ‘does a good job’ of creating certainty in home, infrastructure construction: lawyer
Ontario legislators are considering a bill aimed at speeding up construction of new homes and transit, and observers are saying the changes are welcome — but note there are a number of things that legal practitioners need to keep an eye out for as a result of the legislation.
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May 16, 2025
B.C. Court of Appeal caps opioid appeal factums at 195 pages per side
The B.C. Court of Appeal has capped factums in the province’s national opioid class action appeals at 195 pages per side, rejecting the defendants’ bid for nearly 300 pages and ordering aligned parties to co-ordinate submissions to avoid duplication and inefficiency.
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May 16, 2025
Court of Appeal: SOIRA exemption unlikely with shorter sentence
On Oct. 28, 2022, the Supreme Court of Canada declared the provisions of SOIRA (Sexual Offender Information Registry Act) unconstitutional (R. v. Ndhlovu, 2022 SCC 38). Section 1 of the Charter could not save the provisions.
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May 15, 2025
When the judiciary and politics mix
Due to ethical constraints, Canadian judges rarely criticize politicians directly in speeches, but there have been moments of tension or implicit critique. The judiciary has a duty to remain impartial and above the political fray.
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May 14, 2025
Bill 5 risks the environment, human health, Indigenous rights by creating ‘law-free’ zones
If passed, Ontario’s Bill 5, Protect Ontario by Unleashing our Economy Act, would effectively return us to the 1970s in terms of environmental oversight and safeguards. The government should withdraw Bill 5.
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May 14, 2025
Alberta releases strategy to end gender-based violence, prioritizes financial empowerment
In an effort to address gender-based violence and “create a safer home for every Albertan,” the Government of Alberta has issued a 10-year strategy to “engage men and boys as partners, enhance women’s economic empowerment and ensure targeted programs are Indigenous-led.”