Criminal
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July 28, 2025
Deportation case shines light on vagaries of using spyware in investigations
Canadians are justifiably outraged that it appears the United States authorities are using extrajudicial means of catching and deporting residents. They are abandoning the rule of law, some say. Can Canadians be so sanctimonious when we may be responsible for similar acts?
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July 25, 2025
SCC gives its first interpretation of ‘unfit to stand trial’ and capacity to ‘conduct a defence’
The Supreme Court of Canada has 9-0 provided its first interpretation of the decades-old definition of “unfit to stand trial” contained in Criminal Code s. 2, shedding light on the considerations and standard for assessing whether an accused has the requisite capacity to “conduct a defence.” On July 25, 2025, the top court dismissed 6-3 an appeal brought by an Ontario man convicted of first-degree murder, who argued he was unfit to stand trial and who also moved to introduce fresh evidence on appeal to show that he was not criminally responsible at the time of the killing: R. v. Bharwani, 2025 SCC 26.
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July 25, 2025
A fraud trifecta: Doubtful deities, fake flight attendants, dubious dentists
Travel advisory: Planning a vacation trip shortly? The following information could keep you out of trouble.
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July 25, 2025
ELEMENTS OF THE OFFENCE - Insanity or mental disorder - Presumption of fitness to stand trial
Appeal by Bharwani from a judgment of the Ontario Court of Appeal which dismissed his motion to adduce fresh evidence and affirmed his conviction. Bharwani, who has a longstanding history of mental health challenges, was charged with first-degree murder for the killing of one of his roommates.
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July 25, 2025
Successful parole bid augurs well for eventual exoneration in coke smuggling case
It is often said that in prison, small issues can become significant. To many, transitioning from a penitentiary to a community-based halfway house might seem like just a change in who supervises daily life. However, for Jeffrey Kompon, the Parole Board of Canada’s decision to transfer him from an Ontario federal prison to a halfway house was more than just a reduction in restrictions — it represented hope that exoneration could eventually come.
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July 24, 2025
Supreme Court upholds constitutionality of two ‘commodification of sexual activity’ criminal offences
The Supreme Court of Canada has upheld 9-0 the constitutionality of the crimes of procuring and obtaining material benefit from sexual services, two of the new Criminal Code offences enacted by the Harper-era Parliament after the top court struck down the old prostitution laws in 2013 for breaching sex workers’ s. 7 Charter-protected right to security of the person.
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July 24, 2025
CRIMINAL CODE OFFENCES - Offences in relation to sexual services for consideration - Procuring - Material benefit from sexual services
Appeal by appellants from a judgment of the Alberta Court of Appeal which restored their convictions. The appellants were convicted of receiving a material benefit from sexual services and procuring a person to offer or provide sexual services for consideration.
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July 24, 2025
Family separation consequences taken into consideration in sentencing
When a family relationship ends, it can be likened to the nursery rhyme “Humpty Dumpty.” When the details of the breakup are presented in court, a judge’s role is to try to put the pieces together again. That appears to be the task the Ontario Court of Appeal took on in R. v. D.L., 2025 ONCA 533. They became the king’s horses and king’s men.
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July 24, 2025
CRIMINAL CODE OFFENCES - Possession and trafficking - Possession of property obtained by crime under $5,000
Appeal by Miller from his conviction for unlawful possession of methamphetamine (meth) for the purpose of trafficking and unlawful possession of property obtained by crime not exceeding $5,000.
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July 23, 2025
G20 finance ministers discuss international tax reforms and debt relief framework in South Africa
Finance ministers and central bank governors from the world’s 20 largest economies (G20) have concluded their third meeting of the year in Durban, South Africa, by endorsing several initiatives with potential legal and regulatory implications for international finance and taxation.