Constitutional
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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.
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July 31, 2025
Appeal court rightly strikes down controversial phallometric testing order
Baba Ouedraogo was found guilty of a vicious sexual assault of a 15-year-old on Nov. 2, 2019.
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July 30, 2025
Court of Appeal affirms secondary picketing part of labour dispute, to hear CUPW injunction appeal
The Ontario Court of Appeal has held that secondary picketing is a labour dispute activity under the Courts of Justice Act (CJA) and has agreed to hear an appeal from orders restricting the Canadian Union of Postal Workers (CUPW) from picketing Purolator facilities in their dispute with Canada Post.
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July 30, 2025
Provocation unproven in Manitoba murder appeal
Justin Patrick Monro, then 27, killed 37-year-old Derek Scott Sutton, but was it murder? Munro was charged with second-degree murder. A June 24, 2021, edition of the Winnipeg Free Press called it a bloody few weeks in Winnipeg, with 11 homicides in just 33 days.
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July 29, 2025
Strongly worded dissent in impaired driving case presages Supreme Court appeal
When a Court of Appeal justice dissents on a case involving a constitutional issue, it is reasonable to expect a referral to the Supreme Court of Canada. A dissent in the judgment in R. v. Westgard, 2025 SKCA 53 may lead to a consideration of whether the Criminal Code provisions requiring a motorist to provide a breath sample violate s. 8 of the Charter, which protects against unreasonable search and seizure.
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July 28, 2025
Settlement of $55M reached in Saskatchewan First Nation class action
A settlement agreement of over $55 million has been reached between Canada and Flying Dust First Nation to resolve a land-related claim for land that was sold to Canadian Pacific Railway.