Criminal

  • October 27, 2026

    Ottawa unveils bill paving way to legally carry out advance requests for MAID

    The federal Liberal government has introduced promised Criminal Code amendments to legalize medical assistance in dying (in specified circumstances) for legally incompetent persons who validly make advance requests for MAID while they are still competent. On Oct. 27, federal Justice Minister Sean Fraser introduced Bill C-41, the proposed MAID Safeguards Act, that would decriminalize the actions of doctors and nurse practitioners who carry out advance requests for MAID, provided that these medical practitioners have complied with specific safeguards and conditions, including requirements put in place by the applicable province or territory.

  • October 27, 2026

    Legal Aid Plans of Canada celebrates duty counsel’s impact on A2J

    Oct. 27 marks Duty Counsel Day, a nationwide initiative led by the Association of Legal Aid Plans of Canada. The day is observed to “recognize the essential role duty counsel lawyers play in helping people navigate the justice system and access legal support when they need it most.”

  • October 27, 2026

    View from prison: Are prisons full of dangerous people?

    In minimum security, I lived for a few months with two men with life sentences for murder, another who had sold fentanyl and another convicted of drug smuggling. These are serious crimes. Yet I found these men to be easy to live with, reasonable to get along with, good housemates. I never felt a moment of fear or anxiety with any of them.

  • October 27, 2026

    Canada’s temporary-entry system needs a security reset

    Recent terrorism allegations and official audits show why Canada needs better identity verification, intelligence sharing and follow-through, and two recent cases illustrate the stakes in Canada’s immigration-security system.

  • October 27, 2026

    Appeal Court orders new trial due to trial judge’s unequal scrutiny of evidence

    The Ontario Court of Appeal has ordered a new trial for a man convicted of two sexual assaults, an assault with a weapon and an assault against his former spouse, finding that the trial judge’s assessment of the evidence was fundamentally flawed. The decision, R. v. Hornsby, 2026 ONCA 604, reinforces an important principle in criminal trials: a judge cannot apply different standards of scrutiny to a complainant’s evidence and an accused’s evidence, particularly when credibility is central to determining guilt.

  • October 27, 2026

    APPEALS - Misapprehension of or failure to consider evidence - Question of law - Unreasonable verdict

    Appeal by appellant from his convictions for sexual interference and invitation to sexual touching involving 11- and 12-year-old complainant. The appellant occasionally provided after-school care for the complainant, whose father was his coworker.

  • October 26, 2026

    Unlocking the retail channel: The mechanics and structure of private-fund-to-ETF conversions

    A structural paradigm shift is unfolding across the global asset management industry. Alternative investment advisers are moving down-market, driven by a powerful strategic imperative: tapping into the lucrative retail wealth management channel. Platforms like CAIS and iCapital, alongside direct brokerage accounts, have democratized access to institutional-grade returns. Concurrently, mass-affluent retail investors and financial regulators are actively demanding access to private alternative strategies — such as private credit, infrastructure and liquid alternatives — to unlock crucial diversification benefits.

  • October 26, 2026

    Something looks suspicious: How AI can help detect fraud and forgery

    The invoice looks convincing. The supplier’s logo is familiar, the amount seems reasonable, and the email politely explains that banking details have changed. It even urges payment before Friday. In this fictional Canadian workplace, an AI system notices what the accounts payable team has missed: the new bank account also appears on invoices from two supposedly unrelated suppliers. A staff member calls the supplier using an established telephone number. The supplier knows nothing about the change.

  • October 26, 2026

    POWERS OF SEARCH AND SEIZURE - Search warrants - Setting aside

    Appeal by the Crown from acquittals following the invocation of residual discretion. The respondent brought a Garofoli application challenging two search warrants. He pointed to what he said were numerous omissions in the Information to Obtain.

  • October 23, 2026

    Court of Appeal for Ontario reframes long-standing test for leave to appeal

    For the first time in more than 50 years, the Court of Appeal for Ontario has updated its test for leave to appeal from a decision of the Divisional Court. In Knauff v. Ontario (Human Rights Tribunal), 2026 ONCA 653, a five-judge panel confirmed that the test for leave is whether the proposed appeal raises an arguable question of law or mixed law and fact that is of sufficient public importance to warrant consideration by the Court of Appeal.

  • October 23, 2026

    Plaintiffs in $10M illegal fishing suit must provide ‘full particulars’ to defendants: Appeal Court

    Nova Scotia’s highest court has ruled that plaintiffs in a multimillion-dollar civil conspiracy lawsuit provide “full particulars” in their claim against a company accused of dealing in the illegal lobster trade.

  • October 22, 2026

    Supreme Court of Canada agrees to hear groundbreaking Emergencies Act case

    The Supreme Court of Canada has granted Ottawa’s request for leave to appeal Federal Court rulings that held that the federal government wrongly declared a national “public order” emergency in 2022. On Oct. 22, the top court granted the federal government’s leave application and also granted leave to cross-appeal to the Canadian Civil Liberties Association (CCLA) and the Canadian Constitution Foundation (CCF).

  • October 22, 2026

    Federal Court awards inmate $7,500 for cruel and unusual treatment over missed medication

    The Federal Court has awarded a prison inmate $7,500 in Charter damages, finding that Correctional Service Canada’s failure to provide prescribed medication for his bipolar disorder while he was held in a dry cell constituted cruel and unusual treatment.

  • October 22, 2026

    Ottawa rolls out recruitment ‘symposiums’ for federal benches, starting in Halifax next month

    Ottawa has launched its first-ever cross-country recruitment drive for the federal benches, in the midst of a lawsuit from the judiciary, in which Ottawa denies having a judicial recruitment problem.

  • October 22, 2026

    The economics of collaboration in cultural property restitution and estate asset recovery

    Within the practice of cultural property restitution and estate asset recovery, fiduciary litigators and trust administrators frequently encounter unique administrative challenges.

  • October 22, 2026

    POWERS OF SEARCH AND SEIZURE - Search - Warrantless searches - Search incidental to arrest

    Appeal by the Crown against acquittals of Singh and Grewal. An RCMP officer stopped their vehicle. Based partly on information received from another RCMP member, and partly on observations, the officer formed the belief that Singh and Grewal possessed controlled substances for the purpose of trafficking and arrested them.

  • October 21, 2026

    Dementia Justice Canada calls for mandatory legal assessment for any advance MAID requests

    Dementia Justice Canada is urging Parliament to require an independent legal assessment before medical assistance in dying is administered under an advance request, warning that people who have lost decision-making capacity need protection from coercion, undue influence and abuse.

  • October 21, 2026

    Gathering of the Innocence Canada warriors

    The evening Of Oct. 8 saw a gathering at the Law Society of Ontario's Convocation Hall of an eclectic mix of those at the forefront of the innocence movement in this country. The occasion was the 12th anniversary of International Wrongful Conviction Day.

  • October 21, 2026

    Royal commission on immigration would promote public understanding, dialogue and law reform: expert

    A royal commission or national commission of inquiry into immigration could boost Canadians’ understanding of hot-button immigration issues and generate positive public dialogue as well as needed policy reforms, says an expert on Quebec’s uniquely autonomous immigration regime that sparks envy from other provincial leaders.

  • October 21, 2026

    Evidence must be considered cumulatively and contextually: Saskatchewan Court of Appeal

    A police officer investigating suspected drug trafficking does not have to eliminate every innocent explanation for a suspect’s behaviour before making an arrest. But an officer’s training and experience alone cannot justify depriving someone of liberty.

  • October 21, 2026

    APPEALS - Grounds - Misapprehension of or failure to consider evidence - Mixed question of law and fact

    Appeal by accused from convictions for sexual interference, invitation to sexual touching and forcible confinement.

  • October 20, 2026

    McGill letter probes educational mission, treatment of a student, commitment to reconciliation

    An open letter, titled “Reconciliation and Reintegration Cannot Mean Exclusion,” challenges McGill University’s decision to exclude Jeffrey G. Ewert from campus after concerns about his presence were raised. The letter, addressed to the leadership of McGill University, notes that Ewert is an Indigenous man serving a life sentence, a survivor of the Sixties Scoop and was admitted to first-year law at McGill. The university’s Oct. 6, 2026, exclusion order barred him from campus until Oct. 28 and prohibited him from communicating with female students during that period.

  • October 19, 2026

    Ontario targets illegal cannabis sales with new AGCO powers

    The Government of Ontario is planning on introducing changes to “strengthen enforcement against illegal cannabis sales” to protect consumers, while also “promoting a fair and competitive marketplace for the approximately 1,800 authorized cannabis retailers operating across the province.”

  • October 19, 2026

    McGill law student’s murder conviction could serve as valuable rehabilitation lessons

    Law students should learn from the difficult realities of rehabilitation. A controversy at McGill University law school raises questions about campus safety, reintegration and the educational value of confronting the criminal justice system.

  • October 16, 2026

    When political capital becomes liability: Alberta’s lawyers at referendum crossroads

    For lawyers, a photograph with a political figure can do two jobs. It can reassure a prospective client that a lawyer understands where decisions get made. It can also invite a question: Whose side is this firm on?