Criminal
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June 13, 2025
SCC rules admissibility of Crown-led ‘sexual inactivity’ evidence must be decided in a voir dire
Holding 9-0 that evidence of a complainant’s “sexual inactivity” forms part of their “sexual history” — and is therefore presumptively inadmissible at trial — the Supreme Court of Canada has also clarified that the common law screening procedure for Crown‑led sexual history evidence “should mirror” the s. 276 Criminal Code regime that applies in a voir dire for defence-led sexual history evidence.
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June 13, 2025
Supreme Court Kinamore ruling clarifies rules on sexual history in trials
A fair match in sports requires teams to confront each other on a level playing field. The analogy holds for the courtroom as well. Sexual offence trials in Canada have become increasingly complex, partly due to confusion surrounding the rules governing evidence of a complainant’s sexual history. These rules, designed to prevent reliance on discriminatory myths and protect complainants’ rights, have resulted in uncertainty and disruption during trials. In the recent case of R. v. Kinamore, 2025 SCC 19, Canada’s highest court sought to level the playing field.
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June 13, 2025
Former Supreme Court Justice La Forest dies
Former Supreme Court Justice Gérard Vincent La Forest has died. Justice La Forest, whose long legal career also encompassed government work, private sector lawyering, teaching and sitting on an East Coast appeal court, died June 12, according to a news release. He was 99.
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June 13, 2025
Christopher Johnson receives CBABC award for contributions to legal aid
The Canadian Bar Association, B.C. Branch (CBABC) has recognized criminal justice lawyer Christopher Johnson with the Georges A. Goyer, QC Memorial Award for Distinguished Service.
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June 13, 2025
EVIDENCE - Methods of proof - Complainant’s sexual activity
Appeal by Kinamore from a judgment of the British Columbia Court of Appeal affirming his conviction for sexual assault.
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June 13, 2025
Alberta Court of Appeal tasked with measuring manageable vs. unmanageable risk
We have all heard the phrase, “Lock him up and throw away the key.” The closest our Criminal Code comes to authorizing such a punishment is the designation of an offender as a dangerous offender. Challenging such a designation can be difficult, as one Albertan found in R. v. Bouvier, 2025 ABCA 202.
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June 12, 2025
BCSC aims to fight investment scams targeting elderly with new ringtones
The British Columbia Securities Commission (BCSC) has launched a new ad campaign using custom ringtones to help seniors and their families avoid investment scams.
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June 12, 2025
N.B. legal aid needs to review eligibility criteria, formalize appeals process: auditor
New Brunswick’s legal aid provider dropped the ball in failing to review its conditions for financial eligibility and for lacking a formal appeals process for those turned down, states a report from the province’s auditor general.
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June 12, 2025
Group urges Ontario to allow for restorative justice in sexual violence cases
A global organization promoting alternatives to the criminal legal system for survivors of sexual violence is urging the Ontario government to change a policy that makes sexual violence cases ineligible for community justice programs.
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June 12, 2025
What happened to Madleen
Israel controls Gaza’s borders by sea, land and air, except for the border with Egypt, where it still has indirect influence through a buffer zone and security co-ordination. Whether this level of control counts as occupation or violates international law isn’t something I’ll get into here.