Criminal
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February 03, 2026
The open court principle versus reputational loss
The open court principle is a powerful doctrine that has been inextricably linked to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The principle permits public access to information about the court, which, in turn, fosters the public to discuss, opine and criticize court practices and proceedings. As well, the principle permits members of the public to obtain information about the courts and the cases that are heard by them.
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February 03, 2026
Counsel conduct leads to mistrial in Nova Scotia Court of Appeal
In many instances, the claim on appeal is that the accused received ineffective assistance of counsel. A claim of ineffective assistance can result in a new trial if it is shown that counsel’s acts or omissions fell below the standard of reasonable professional assistance and resulted in an unfair trial or a miscarriage of justice. It is rare for a trial in a provincial court to be adjourned because an accused person makes a claim for ineffective assistance of counsel midway through the trial. Yet such was the case in R. v. MacQuarrie, 2026 NSPC 5.
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February 03, 2026
Poverty big factor contributing to mass incarceration of Indigenous people in Saskatchewan: lawyer
Poverty is driving the high number of imprisoned Indigenous people in Saskatchewan, says a lawyer. Brady Knight, a Saskatoon-based criminal lawyer, calls the issue of Indigenous mass incarceration in the province “a concerning and pressing problem.”
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February 03, 2026
When compassion replaces accountability in Ontario’s animal welfare system
The recent decision of Ontario’s Animal Care Review Board (ACRB) to reduce a $108,928 cost recovery order — subsequently conceded by the respondent, the chief animal inspector, to be $101,771.64 — to $10,000 following the seizure of 64 dogs (55 miniature poodles; one Maltese; one shih tzu; one German shepherd; four poodle/Maltese puppies; and two miniature poodle puppies) from a Hamilton residence raises troubling questions not only about accountability in cases of large-scale animal neglect but also about the structural limits of Ontario’s animal welfare regime.
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February 02, 2026
Decision in much delayed drug trial proves Jordan must be applied flexibly
The Supreme Court of Canada has set a presumptive ceiling for delay at 18 months for cases tried in provincial court (R. v. Jordan, 2016 SCC 27). When an accused’s right to a speedy trial under s. 11(b) of the Charter is violated, charges should be stayed under s. 24(1) of the Charter.
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February 02, 2026
Access to Justice Week B.C. speaks to importance of system that evolves, listens and learns, AG says
British Columbia Attorney General Niki Sharma is marking Access to Justice Week by reaffirming the province’s commitment to building a justice system that is “responsive, inclusive and accessible.”
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February 02, 2026
Court of Quebec appoints new judge and justice of the peace magistrate
Quebec Minister of Justice Simon Jolin-Barrette has announced the appointment of a judge and a justice of the peace magistrate to the Court of Quebec.
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February 02, 2026
Ontario appoints 4 new judges to Court of Justice
Ontario has appointed four new judges to the Ontario Court of Justice, effective Jan. 29: Justice Joanne Michelle Marie Clouston, Justice Archana Arun Medhekar, Justice Jesse M. Razaqpur and Justice Mary Meta Elizabeth Warren.
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February 02, 2026
The recent incident at the courthouse in Oshawa
Have you seen the documentary on Netflix called Skyscraper Live? It documents an unbelievable solo climb up a 100-storey building in Taiwan. The climber had no rope, no parachute and no safety harness. Any slip on his part, any grip not secure, and he falls to his death. Writing this article, I feel like that climber, only I am about to fall off the building … but … here goes.
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January 30, 2026
Is international law really law or just a script the powerful edit at will?
International law likes to enter the room wearing a tailored suit, speaking in solemn tones about order, peace and a rules-based world. It carries binders full of treaties, conventions, charters and resolutions from an era post 1945. It invokes history, morality and the collective will of nations. It sounds authoritative. It looks official. It insists it is law.