Access to Justice
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July 18, 2025
Indigenous leaders express ongoing concerns after PM’s First Nations Major Projects Summit
Some Indigenous leaders remain skeptical of the federal government’s Building Canada Act following Prime Minister Mark Carney’s First Nations Major Projects Summit on July 17, saying the legislation fails to uphold the principle of free, prior and informed consent.
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July 18, 2025
Relational vs. transactional: Why Canada continues to fail at implementing Indigenous rights
There is a fundamental difference in worldview that continues to undermine the relationship between Indigenous peoples and the Crown in Canada — a difference that can be summarized as relational versus transactional. This tension lies at the heart of the ongoing failure to fully implement treaties, recognize Indigenous legal orders, or give meaningful effect to constitutionally protected Aboriginal and treaty rights.
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July 18, 2025
Dangerous driving case illustrates how court of law eclipses court of public opinion
What’s the difference between a court of law and the court of public opinion? Public opinion focuses on the status of the offender and the victim, whereas trial and appeal courts look to the correct application of the law. An interesting example is the decision in R. v. Lojovic, 2025 ONCA 319. The background of the parties was not discussed in the judgment, but played a significant role in the press coverage.
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July 18, 2025
Tehran’s strategic blindness: The political fallout of Iran’s 12-day war with Israel
In the early hours of June 13, 2025, the Islamic Republic of Iran was jolted into a geopolitical reckoning. What began as a sudden Israeli air and cyber campaign — Operation Rising Lion — rapidly escalated into a 12-day war that exposed critical weaknesses in Iran’s military command, foreign policy posture and internal political cohesion.
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July 17, 2025
Wide-open-door policy ‘is not how we roll,’ Federal Court of Appeal judge tells would-be interveners
The Federal Court of Appeal’s senior puisne judge says those applying to intervene at the national intermediate appellate court should ask themselves whether their presence “will advance our work.”
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July 17, 2025
Court revives Clearview AI class action, finds query-based class identification not ‘opt-in scheme’
The Federal Court of Appeal has revived a proposed class action against facial recognition firm Clearview AI, ruling that a process requiring potential class members to query the company to confirm their inclusion does not undermine the “opt-out” nature of Canadian class actions.
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July 17, 2025
Teen language, a.k.a. sociolect, plays key role in Alberta Court of Appeal decision
A sociolect is a form of language used by a specific social group, such as teenagers. Teenagers often create and adopt slang or code words to establish their identity and distinguish themselves from adults or authority figures. The Alberta Court of Appeal was asked to interpret a sociolect used in a courtroom before a jury in its recent decision in R. v. Cervantes, [2025] A.J. No. 522, when Enrike Jose Cervantes and Chngkouth John Makuag challenged their sexual assault convictions.
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July 17, 2025
Ecofeminism and Canadian law: An emerging alliance
Imagine a world where caring for the land means caring for people, where the health of farms and natural resources is inseparable from the well-being of citizens in our legal system. This vision lies at the heart of ecofeminism, which advances a critical legal perspective that foregrounds the interdependence of ecological health and social equity.
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July 16, 2025
N.S. renews funding deal with feds to help families of missing, murdered Indigenous people
Nova Scotia has renewed a partnership with the federal government ensuring “more families of missing and murdered Indigenous people” receive support.
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July 16, 2025
Was Correctional Service’s internal investigation into Robert Pickton’s death a ‘whitewash’?
Rather than quelling concerns about how Robert Pickton died at Port-Cartier Institution in Quebec, Correctional Service Canada’s recently released internal Board of Investigation (BOI) report summary should raise red flags. The narrow focus of the investigation and the recommendations that fail to address core issues associated with the death make the report inadequate.