Access to Justice
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December 23, 2025
P.E.I. to launch first community legal clinic
A prominent lawyers’ group in Prince Edward Island is calling the launch of the province’s first community legal clinic “an important advancement in access to justice” — particularly for those facing barriers to certain types of civil justice.
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December 23, 2025
Court adjourns veterans’ benefits class action pending outcome of proposed retroactive legislation
The Federal Court has adjourned a certification motion in a proposed class action challenging the practice of prorating certain indexation adjustments for veterans’ benefits pending the outcome of proposed legislation that could end the class action.
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December 22, 2025
Appeal Court sentence reduction inveighs against normalized errors
The John Howard Society once distributed buttons bearing the words, “There is no such thing as a short prison sentence.” The Alberta Court of Appeal recently decided R. v. Lazzaro, 2025 ABCA 410, where it had to determine how long is too long.
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December 22, 2025
Grand Valley break-in: Incarcerated deserve security, too
We sometimes read of inmates escaping from prison, but it is most unusual to hear of someone breaking into one. A CBC report dated Nov. 3 states that a 28-year-old man from Kitchener, Ont., is facing multiple charges, including two counts of assault, one count of break and enter and one count of mischief. The police said someone had broken into a women’s prison the previous day.
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December 19, 2025
Buffone’s parole: A step toward exoneration?
In what may seem like Part II of a never-ending saga, the Parole Board of Canada granted Vito Buffone day parole to a community residential facility yet to be named.
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December 19, 2025
Manitoba Court of Appeal tasked with determining psychological detention
Psychological detention occurs when a person submits to a police officer’s authority or is deprived of liberty, reasonably believing the choice to do otherwise does not exist (R. v. Tessier, 2022 SCC 35). One would expect that raising psychological detention on appeal from conviction would be a simple, fact-driven analysis. Yet the Manitoba Court of Appeal took 256 paragraphs to rule out psychological detention as a basis for Charter relief. The court’s reasons are in R. v. Francois, 2025 MBCA 93.
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December 18, 2025
Staffing issues at N.L. provincial courts overdue for solutions: lawyers
Problems that have led to the recent stoppage of civil, traffic and other matters in some of Newfoundland and Labrador’s provincial courts should have been dealt with some time ago, say lawyers.
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December 17, 2025
Ontario Court of Appeal resolves ‘jurisdictional dead end’ in labour dispute
Ontario’s top court has ruled that judges must maintain authority over claims involving entities not party to a collective agreement, but has emphasized that “proper respect” is owed to specialized tribunals and requires courts to consider staying parallel litigation if the dispute is before a labour arbitrator.
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December 17, 2025
SCC rejects latest bid to get intervener counsel into court; AGs & other interveners limited to Zoom
The Supreme Court of Canada is poised to hear argument from dozens of interveners in a groundbreaking case about the Charter’s “notwithstanding” clause and the “architecture” and “unwritten principles” of the Constitution, however, intervener counsel won’t be allowed to set foot in the top court’s iconic Ottawa courtroom.
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December 17, 2025
New Indigenous sentencing court opens in Chilliwack, B.C.
The Provincial Court of British Columbia opened the province’s tenth Indigenous sentencing court on Dec. 11 in Chilliwack. Indigenous courts currently operate in nine other B.C. communities.