Criminal

  • 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.

  • May 15, 2026

    The Reid interrogation technique and the Pinocchio’s nose factor

    In R. v. Ordonio, 2025 ONCA 135, the Criminal Lawyers’ Association (CLA), as intervener, argued that Reid technique-induced statements from an accused person should be treated as presumptively inadmissible. The Court of Appeal thought otherwise, opining that the determination of whether (or not) the technique had been used would be a labour-intensive misuse of resources. The decision surveyed some of the criticisms of the practice from the criminology literature. It also considered how some Canadian courts have viewed the procedure. A more comprehensive and contemporary review might have given rise to a different result.

  • May 14, 2026

    Immigration Board must consider duress claims in inadmissibility analysis: Court

    The Federal Court of Appeal has ruled that the Immigration and Refugee Board (IRB) must consider claims that the defence of duress was not practically available in a foreign criminal proceeding when determining whether a person is inadmissible to Canada for serious criminality.

  • May 14, 2026

    Mandatory breach notification requirements under Canadian privacy law

    Canadian private sector organizations are subject to a combination of compliance requirements under federal and provincial privacy laws. These laws share some common features but also some differences. One privacy obligation that varies across jurisdictions is when an organization is required to notify the applicable regulatory authority of a privacy breach event. A privacy breach refers to those events that result in the loss of unauthorized access to, or unauthorized disclosure of, personal information.

  • May 14, 2026

    Parole procedure: Thoughts on ‘new information’

    During my more than 20 years as a member of the parole board, it was normal (not required) that after a hearing had ended (no further questions from the panel members), the chair of that panel would ask the parole officer who had presented the case whether they had any comments that flowed from the hearing process.

  • May 13, 2026

    Court rejects automatic EI disqualification for worker terminated due to incarceration

    The Federal Court of Appeal has dismissed a federal government appeal challenging employment insurance (EI) benefits for a worker who lost his job after being incarcerated, ruling that a claimant’s inability to fulfill a condition of employment is not, by itself, sufficient to disentitle them to EI benefits.