Criminal

  • May 20, 2026

    Foreign criminal non-prosecution orders and Ontario civil litigation: Procedural lessons

    As commercial disputes increasingly cross borders, Canadian courts are more frequently asked to assess the legal effect of foreign judgments, prosecutorial decisions and parallel proceedings arising from unfamiliar legal systems. One recurring question is whether a foreign criminal or quasi-criminal decision should bar subsequent civil litigation in Ontario through doctrines such as res judicata, issue estoppel or abuse of process.

  • May 20, 2026

    Contemporary high-tech police surveillance technology demands updated legislation

    The spectre of police surveillance has long occupied an uneasy place in Canadian constitutional law. Wiretaps, tracking warrants, production orders and covert searches have traditionally been constrained by judicial authorization and Charter scrutiny.

  • 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.