Criminal

  • November 03, 2026

    Norwich, Anton Piller and Mareva orders: Relief for extraordinary circumstances

    In estate litigation, clients often come with a sense of urgency seeking to collect relevant information, documentation and assets. They might need to see a copy of a will that is being withheld unjustifiably. They may suspect that a once joint investment account is being drained by a nefarious sibling. Ultimately, they want to know about and have access to absolutely everything to understand the scale of the estate and to ensure that it does not slip away. There are court orders that can assist with that.

  • November 03, 2026

    Privacy commissioner recommends amendments to Lawful Access Act

    On Nov. 2, the Privacy Commissioner of Canada told the Standing Senate Committee on National Security, Defence and Veterans Affairs that targeted amendments to Bill C-22, the Lawful Access Act, 2026, would help balance law enforcement and national security needs with Canadians’ fundamental right to privacy.

  • November 03, 2026

    Alberta firm seeks SCC leave over post-arrest demands under SafeRoads regime

    Our firm, Strategic Criminal Defence, has filed an application for leave to appeal to the Supreme Court of Canada (SCC). As lead counsel, I am asking the court to decide whether police can still demand a breath sample to support a provincial administrative penalty after they have already arrested a driver or formed reasonable grounds to believe an offence occurred.

  • November 03, 2026

    IRCC’s new representative penalties are in force, but privilege remains the fault line

    Ottawa’s new administrative monetary penalty regime gives Immigration, Refugees and Citizenship Canada (IRCC) powerful tools against fraudulent and unauthorized immigration representatives. Its express recognition of solicitor-client privilege and Quebec professional secrecy is welcome, but the regime’s legality will ultimately depend on how those protections operate in practice.

  • November 02, 2026

    Sex assault appeal examines limits of appellate intervention in trial judge’s credibility findings

    An accused who chooses not to recall a Crown witness after unexpected evidence emerges during trial cannot necessarily argue on appeal that he was denied a fair opportunity to challenge that evidence. That is the central lesson of R. v. Hinseab, 2026 MBCA 71, in which the Manitoba Court of Appeal dismissed an appeal from convictions for sexual interference, invitation to sexual touching and forcible confinement.

  • November 02, 2026

    PROCEDURE - Questions by jury - Trial judge’s duties - Charge or directions - Defences

    Appeal by Simms from his conviction for assault. The assault charge covered multiple alleged applications of force during two incidents between Simms and the complainant.

  • October 30, 2026

    SCC elaborates on mens rea in dangerous driving cases that involve momentary driver inattention

    The Supreme Court of Canada has specified that a driver’s brief period of inattention is one factor to consider, among others, when analyzing the mens rea in dangerous driving cases. The top court also reiterated its holding in previous decisions that, in some circumstances, a driver’s momentary lapse of attention can, on its own, constitute a marked departure from the standard of care.

  • October 30, 2026

    Auditor general delivers 9 audits to Parliament, notes critical gaps and weaknesses

    Auditor General of Canada Karen Hogan delivered nine performance audit reports to the House of Commons on Oct. 29. The reports cover topics including money laundering, procurement technology, public health, the dental care plan, import assessments, ammunition, thermal coal commitments, water monitoring and net-zero emissions.

  • October 30, 2026

    OFFENCES RELATING TO CONVEYANCES - Dangerous operation - Causing bodily harm - Causing death

    Appeal by the Crown from a judgment affirming Zadeh’s acquittals on charges of dangerous driving causing death and dangerous driving causing bodily harm. Zadeh drove through a red light at a busy downtown Vancouver intersection without slowing down or attempting to stop.

  • October 30, 2026

    N.L. high court orders man’s release pending appeal of sexual, physical assault convictions

    A man found guilty of assault and sex offences has been freed while he appeals his convictions after a court weighed his solid release plan against risk to the public.

  • October 30, 2026

    Crime Stoppers: The price of outsourcing privacy

    The Privacy Commissioner’s investigation into the Crime Stoppers data breach raises fundamental questions about data security, corporate accountability and the obligations of organizations entrusted with confidential information.

  • October 30, 2026

    EVIDENCE - Witnesses - Credibility - Impeachment - Cross-examination

    Appeal by the appellant from convictions for sexual assault and assault. LV and the appellant were the only witnesses who testified. The case turned on credibility.

  • October 29, 2026

    Ottawa plans economic, public safety & intelligence reform under new national security strategy

    Canada must “prepare for all contingencies up to and including war and other worst-case scenarios,” Prime Minister Mark Carney announced as he unveiled his government’s plan to roll out a new national security strategy over the coming year to ensure that the country can “control its own destiny and is resilient in the face of daunting challenges.”

  • October 29, 2026

    Ontario urged to regulate AI use in criminal justice sector

    A major law reform institute is recommending the Ontario government adopt a widespread framework on artificial intelligence (AI) use in the criminal justice sector, saying not doing so will expose people to increased police surveillance and privacy violations.

  • October 29, 2026

    Fraudulent & unauthorized paid immigration & citizenship reps face up to $1.5M in penalties

    New penalties of up to $1.5 million are now in force for those who break the law when providing paid immigration or citizenship advice or representation — including licensed immigration consultants, lawyers and other authorized representatives, as well as people who give paid immigration or citizenship advice or representation without authorization.

  • October 29, 2026

    What are grounds of inadmissibility? How U.S. bars to re-entry and waivers work

    A ground of inadmissibility is a legal reason, set out in the Immigration and Nationality Act (INA), that bars a foreign national from entering the United States. Did you know that every time a foreign national enters the U.S., a U.S. CBP officer makes a determination on whether the officer believes there is a relevant ground of inadmissibility that applies? If the officer determines that there is, U.S. immigration law prevents him or her from permitting that foreign national to enter the U.S.

  • October 29, 2026

    When Crime Stoppers can no longer promise anonymity

    Exposing millions of crime tips threatens more than personal privacy. It risks undermining public confidence in a system that depends on people being willing to speak. Anonymity can be essential to administering justice.

  • October 29, 2026

    APPEALS - Misapprehension of or failure to consider evidence - Question of law - New trial - Substitution of verdict

    Appeal by appellant from convictions for assault, assault with a weapon and two counts of sexual assault. The offences involved his spouse, the complainant, and occurred after their marriage deteriorated.

  • October 29, 2026

    A legal system for the rich, and one (of sorts) for the poor

    Let’s face it folks. Our legal system caters to the rich and, on occasion, the middle class. Most of society cannot afford good lawyers and are on their own navigating our legal system. There is a simple reason for this. Lawyers like to earn good money. It is impossible to do that serving clients who cannot afford to pay hundreds — or thousands — of dollars an hour.

  • October 28, 2026

    Practising law: The weight of innocence

    As I entered the Law Society of Ontario’s Convocation Hall for the 12th Annual International Wrongful Conviction Day evening program, I was immediately struck by its grandeur. The polished wooden floors, towering bookshelves lined with legal texts and magnificent glass windows seemed to embody the prestige of the legal profession. I even caught myself wondering whether pushing on one of the books might reveal a secret passageway.

  • October 28, 2026

    B.C. sex assault appeal: Judicial sensitivity to children’s evidence must not replace scrutiny

    The British Columbia Court of Appeal has overturned the convictions of a man found guilty of sexual interference and invitation to sexual touching, ruling that the trial judge improperly discounted significant inconsistencies in a child complainant’s testimony by attributing them to her age.

  • 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.