Criminal
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January 09, 2026
PM Carney’s appointment of Judge Hogue as Deputy AG of Canada sparks questions within legal community
Quebec Court of Appeal Justice Marie-Josée Hogue is retiring Feb. 1, 2026, from her full-time job on the federal bench — one day before starting work on Feb. 2 as deputy minister of justice and deputy attorney general of Canada, Law360 Canada has learned.
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January 09, 2026
DANGEROUS AND LONG-TERM OFFENDERS - Persistent criminal behaviour - Protection of the public
Appeal by Sewap from his designation as a dangerous offender and the imposition of an indeterminate sentence. The predicate offence occurred in 2018 while Sewap was serving a four-year sentence for a prior aggravated assault.
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January 09, 2026
Application of the ‘consensual fight’ defence in the context of domestic assaults
Does the common law allow for the defence of “consensual fight” to excuse domestic assaults? This question has concerned defence counsel contemplating potential defences to their clients’ assault charges, Crown counsel trying to prove the accused guilty of the alleged unlawful conduct, as well as trial and appellate judges considering specific policy reasons for vitiating consent in an intimate partner violence context.
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January 08, 2026
Court orders investigation into alleged discrimination over Elder services for Indigenous offenders
In a case where serious discrimination allegations were made for a correctional institution’s failure to provide appropriate Elder services to Indigenous offenders, the Federal Court has required an outside investigation to be conducted while remitting the matter back to the Special Advisor to the Commissioner.
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January 08, 2026
Nova Scotia releases first 2SLGBTQIA+ action plan
Nova Scotia has released its first 2SLGBTQIA+ action plan, which includes addressing that community’s lack of trust in the province’s justice system. A Jan. 8 news release describes the action plan as a “co-ordinated road map to advance equity, improve access to services and supports, and build safer, more inclusive communities.”
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January 08, 2026
Camelot, Marilyn and the mirage of proof: A journalist’s blunder as blueprint for honest lawyering
Over the holiday break, I had the pleasure of watching the Netflix documentary Cover-Up, which explores the life and career of legendary investigative journalist and author Seymour Hersh. Hersh is known for exposing truths behind government veils. In this documentary, he is portrayed as a somewhat mercurial character, but nonetheless his deeply rooted humanity shows through.
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January 07, 2026
Judge Simmons retires from Nova Scotia Provincial Court
The Honourable Ann Marie Simmons has retired from the Provincial Court of Nova Scotia following a legal career spanning nearly 40 years.
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January 07, 2026
Indeterminate sentence upheld despite Gladue appeal
We are all familiar with the fact that trials of Indigenous accused require reviewing what have been called Gladue principles, which can lead to a shorter sentence (R. v. Gladue, [1999] 1 S.C.R. 688). How those principles play out when a court reviews a dangerous offender application was recently the focus of a Saskatchewan Court of Appeal decision (R. v. Sewap, 2025 SKCA 114).
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January 06, 2026
The problems of Nazi-looted possessions sold at auctions
Just as you are enjoying that beautiful impressionist painting on your wall and sitting comfortably on that Louis XV chaise longue, a letter arrives from a well-known auction house informing you that both the painting and the chaise longue may have been looted during the Second World War. How is that possible? You bought both objects at that same impeccable auction house, which is now informing you that their provenance research was not watertight after all.
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January 06, 2026
‘Every stone must now be overturned to find this man some hope’: Anita Szigeti to Court of Appeal
An important case was argued before the Ontario Court of Appeal on Jan. 5, 2026. The appellant, Camelot Hamblett, is a middle-aged Black man who has spent half his life locked in a small cell in a maximum-security psychiatric facility. He has had treatment-resistant schizophrenia since his teens and continues to experience highly distressing hallucinations.