Constitutional
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August 08, 2025
Ontario Court of Appeal balances family situation, job loss in sentence reduction
How does a court balance the profound harm caused by sexual violence with the significant collateral consequences that imprisonment imposes on offenders and their families, especially when the offence occurred years ago?
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August 07, 2025
Jacqueline Sirois joins McDougall Gauley
McDougall Gauley LLP has announced that Jacqueline Sirois has joined the firm as an associate.
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August 07, 2025
Lack of cross-examination of videotaped statement leads to overturned conviction
On the night of Saturday, May 28, 2022, in downtown Prince Albert, Sask., Barry Pruden and his daughter were riding their bikes when a group of individuals confronted them along a riverside path behind the Prince Albert Provincial Court. One of the assailants, later identified as K.R., had a knife and stabbed Pruden multiple times.
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August 06, 2025
Quebec appeal court rejects constitutional challenge over kafala
A constitutional challenge against federal and Quebec regulations that allow Canadian residents to sponsor a child for family reunification only if the child is their biological or adoptive child was rebuffed by the Quebec Court of Appeal in a ruling that underlines the challenges facing Canadian citizens or residents of Muslim faith who want to sponsor a child though kafala, a form of legal guardianship in Muslim law countries.
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August 06, 2025
Drug appeal illustrates how circumstantial evidence can lead to reasonable inference of guilt
Gerry Crawley, a commercial truck driver operating his vehicle, was convicted of importing and possessing 64 kilograms of cocaine for the purpose of trafficking. The drugs, worth approximately $3 million, were discovered in after-market hidden compartments in the sleeper cab of his truck during a secondary inspection at the Pacific Highway border crossing in Surrey, B.C., on March 18, 2021.
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August 05, 2025
Federal Court of Appeal bars estates from Charter damages in early parole rights class action
The Federal Court of Appeal has ruled that the estate of a deceased federal inmate cannot claim damages for the government’s retrospective removal of early parole, which was found to be a violation of the Charter right not to be punished twice for the same offence.
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August 05, 2025
Ontario Court of Appeal finds ‘golden rule’ key to determining assault case
The Ontario Court of Appeal recently addressed a particularly unusual situation. In the case of R. v. G.G., 2025 ONCA 574, the trial judge found beyond a reasonable doubt that G.G. committed the sexual assault.
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August 01, 2025
Court finds Toronto bike lane removal law breaches Charter rights
The Ontario Superior Court of Justice has allowed an application finding that the provincial government’s provisions to reduce gridlock by removing bicycle lanes was contrary to s. 7 of the Charter.
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August 01, 2025
Why judge’s sentencing error breeds public distrust of system
According to a CBC report, a Hamilton Superior Court judge has been reprimanded for failing to correct a sentencing mistake.
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July 31, 2025
Toronto renoviction bylaw ‘very close to being unconstitutional,’ lawyer says
Landlords in Toronto now require a licence before starting repairs or renovations that require a tenant to move out, but a lawyer is saying it may not be constitutionally compliant due to it conflicting with provincial legislation.