Access to Justice
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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.
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May 22, 2025
Opening Iran to tourism and technology: Economic potential, strategic implications
This article examines the transformative potential of opening Iran’s tourism and technology sectors to international investment and co-operation.
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May 21, 2025
600 kilometres north of Sweet Grass
It’s 3:27 in the morning, and I’m at my desk in the basement. A fan clicks on behind the furnace-room door, and my fingertips scatter keystrokes across my MacBook like dropped pins. Other than that, it’s silent.
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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.