Criminal

  • June 29, 2026

    U.S. birthright citizenship: The meaning of ‘and subject to the jurisdiction thereof’

    In July 1868, when the Citizenship Clause of the 14th Amendment was adopted into the Constitution of the United States, it declared: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” While initially incorporated into the Constitution to overturn the Scott v. Sandford, 1856 U.S. LEXIS 472 decision and guarantee citizenship to formerly enslaved individuals, the Citizenship Clause has since become the foundation of birthright citizenship in the United States.

  • June 29, 2026

    Banishment from reserve not legal punishment for arson: B.C. Court of Appeal

    Many non-Indigenous Canadians are unaware that within the Indigenous community, many are dissatisfied with their leadership. Some are so jaded that they suspect their leaders are corrupt. This unacknowledged tension may be at the heart of a charge laid against Eddy Walter Cliffe, otherwise known as Hə' Yəł' Kən. He appealed a 21-month jail sentence imposed after he pleaded guilty to arson causing damage to property.

  • June 29, 2026

    Ontario Court of Appeal rejects DNA sample order for discharged offender

    Citing a “meaningful legislative difference” between the treatment and retention of DNA samples taken from convicted offenders and discharged offenders under the DNA Identification Act, the Court of Appeal for Ontario unanimously upheld a lower court appeal decision, rejecting arguments by the Crown to force a discharged offender to provide DNA samples.

  • June 29, 2026

    Need for trauma-informed intakes and the practice roadmap

    While the Ahluwalia decision solidified a groundbreaking civil framework for addressing coercive control, Parliament simultaneously built a parallel carceral one (Ahluwalia v. Ahluwalia, 2026 SCC 16). The federal intention behind Bill C-16 is well-intentioned — aiming to intervene early, recognize psychological containment as violence, and treat coercive control as a precursor to lethal escalation.

  • June 26, 2026

    SCC declines to narrow McNeil disclosure; expunged police misconduct info must be given to defence

    Underscoring the breadth of the constitutional obligation of first-party Crown disclosure to the defence, the Supreme Court of Canada has 7-0 clarified and elaborated on the scope of the duties of Crown and the police to disclose to the accused relevant police disciplinary records, as was previously established by R. v. McNeil, 2009 SCC 3.

  • June 26, 2026

    B.C. Court upholds certification of opioid class action against McKinsey

    The B.C. Court of Appeal has upheld the certification of a proposed class action against consulting giant McKinsey & Co. over allegations that it worked closely with opioid manufacturers and distributors to increase the sale and distribution of opioids in Canada for unsuitable uses.

  • June 26, 2026

    Higher fines, new offences for illegal cannabis now a go in N.S.

    Nova Scotia has introduced higher fines and new offences in a bid to battle the illegal cannabis market.

  • June 26, 2026

    CBSA provides update on enforcement actions targeting extortion

    The Canada Border Services Agency (CBSA) has provided an update on its work with partners to target individuals involved in organized crime with a focus on those linked to extortion-related activities, noting it removes 400 inadmissible individuals every week.

  • June 26, 2026

    Community legal information project: Bringing access to justice to the streets

    Graham is in his 50s, he’s disabled and uses a wheelchair. A resident in a shelter for homeless people, Graham desperately needed legal information help. Our team of community justice helpers met with him many times, and we were able to answer to his questions. Now every morning, he and I greet each other as I head off to work.

  • June 26, 2026

    Coast Guard to expand Great Lakes surveillance with new Niagara centre, radar sites

    The federal government has announced plans for a 24/7 marine security operations centre in Niagara and up to 11 new radar sites across the Great Lakes and St. Lawrence as part of the Canadian Coast Guard’s expanded maritime security role.