Criminal

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.

  • May 19, 2026

    CSIS must obtain warrants to search devices tied to people with a Canadian nexus: Federal Court

    The Federal Court has ruled that CSIS must obtain judicial authorization before searching copied phones and other electronic devices obtained from foreign allies in domestic national security investigations involving people connected to Canada.

  • May 19, 2026

    Nova Scotia’s top court releases 2025 annual report

    The release of the Nova Scotia Court of Appeal’s latest annual report sets the stage for an increase in webcasts and a push to educate people on the importance of judicial independence, says the province’s top judge.

  • May 19, 2026

    Building the perfect divorce bonfire

    In my handy Wilderness Survival Guide, there is a step-by-step guide to building the perfect bonfire. I was reminded of it as I read last week’s Supreme Court of Canada decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, which has created a new tort — the tort of family violence for coercive and controlling behaviour.

  • May 19, 2026

    When national security eclipses the public’s right to know

    Criminal defence counsel frequently find redactions in disclosure material. Sometimes large passages are obscured or “highlighted in black,” as I used to say. In November 2025, the Federal Court gave us some insight as to why and when such deletions are appropriate. That decision was Canada (Attorney General) v. Majcher, 2025 FC 1777.

  • May 15, 2026

    Court rejects appeal in cryptocurrency scam case

    The British Columbia Court of Appeal has dismissed an appeal involving an individual who was subject to a cryptocurrency scam but ignored warnings from trading platforms when carrying out the transactions.

  • May 15, 2026

    Ontario adding 2,500 jail beds across the province

    In an effort to “strengthen the bail system and keep dangerous offenders behind bars,” the Government of Ontario is increasing adult correctional capacity by adding “more than 2,500 permanent jail beds within the next decade.”

  • May 15, 2026

    SCC recognizes new common law tort of intimate partner violence in landmark family law judgment

    The Supreme Court of Canada has created 6-3 a new common law tort of “intimate partner violence” (IPV), which may be claimed separately or within family law proceedings. The far-reaching five-judge majority judgment, written by Justice Nicholas Kasirer (along with a separate lone concurrence by Justice Andromache Karakatsanis), not only recognizes a new tort, it elaborates on when novel torts should be created and on the roles of courts and legislatures in developing the law: Ahluwalia v. Ahluwalia, 2026 SCC 16.

  • May 15, 2026

    Some evidence matters and some doesn’t: A reflection on research in the criminal justice system

    This column is quite different from most of my previous ones in that it focuses on something other than my own experience. However, it grows entirely out of that experience. To reassure readers (beyond the many citations in the text), when I was arrested I had an extensive background in reading and analyzing social science research. In the years since my arrest, I have read and made notes on more than 1,000 books, reports and research studies in this field. I have talked with dozens of experts — lawyers, criminologists and community leaders — and even given presentations at conferences. Every claim in this column can be verified by looking at reputable sources in the field, including the reports of Canada’s Correctional Investigator.

  • May 15, 2026

    ELEMENTS OF THE OFFENCE - Mens rea

    Appeal by appellant from her conviction for dangerous driving causing death. The appellant drove her friend, Moore, to the apartment of his ex‑girlfriend, Ikeda. While waiting in her truck, the appellant saw Moore gesture for her to leave, at the same time observing Ikeda, angry and approaching quickly, cross in front of the vehicle.