Criminal
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June 12, 2025
POWERS OF SEARCH AND SEIZURE - Seizure - Forfeiture of items seized
Appeal by appellant Wojcik from a decision of the Court of King’s Bench regarding a forfeiture order of his firearms.
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June 12, 2025
New Brunswick Appeal Court finds no reversible error in gun permit case
How can our courts protect public safety by revoking a person’s firearms licence without discriminating against individuals with mental health issues? This became a significant focus in the New Brunswick Court of Appeal decision R. v. Wojcik, 2025 NBCA 46.
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June 11, 2025
Appeal Court stands by trial judge’s balance between probative value and prejudicial evidence
It has been a 13-year ordeal for both the accused and the victim’s family. Unless there is a further appeal, Adam Picard will remain in prison. After being charged with first-degree murder in 2012, a court stayed the prosecution of Picard due to unreasonable delay in 2016 (R. v. Picard, 2016 ONSC 7061). That decision was overturned by the Ontario Court of Appeal (R. v. Picard, 2017 ONCA 692).
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June 10, 2025
Canada’s top judge declares ‘in this country, the rule of law is non-negotiable’
Lawyers, as officers of the court, have a professional “responsibility and obligation” to defend the rule of law and the independence of the bar and judiciary against attacks, Chief Justice of Canada Richard Wagner said at his annual news conference in Ottawa.
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June 10, 2025
Quebec ordered to pay $164 million for Charter breach in class action suit
The Quebec government has been ordered by Superior Court to pay a staggering $164 million in compensatory damages, plus interest, for knowingly violating the rights of thousands of individuals who were arrested and illegally detained for a longer period of time than permitted by the Criminal Code prior to appearing before a justice of the peace.
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June 10, 2025
Juries warrant recognition, but seriously
On June 5, the Honourable Lucie Moncion (Ontario, Independent Senators Group) reintroduced Bill S-226 (An Act respecting Jury Duty Appreciation Week) in the Senate. The bill aims to establish a National Jury Duty Appreciation Week, which will take place annually during the second week of May. Its adoption is intended to facilitate yearly recognition of the contributions and dedication of thousands of Canadian jurors and raise awareness among governments and the public about the mental health challenges associated with serving as a juror.
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June 09, 2025
Civil society advocates, information watchdog seek major overhaul of Access to Information Act
Advocates for greater government transparency and accountability have called on the Carney government to stand up an “independent” review — and then speedily overhaul — the much-criticized federal Access to Information Act.
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June 09, 2025
Accepting defeat honourably
As a wrongly convicted individual in this country, I know something about defeats, especially those of the legal variety. I suffered many between my arrest in 1988 and my eventual acquittal in 2000. I offer these comments as an individual and specifically not in my capacity as a co-president and board member of Innocence Canada.
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June 09, 2025
Ontario court confirms Niagara Police liable for wrongful border arrests on unverified data
The Ontario Court of Appeal has upheld a $20,000 damages award against Niagara Police for wrongfully arresting two elderly people at the border, after officers relied solely on outdated police database information and failed to verify its accuracy despite the individuals’ protests that charges had been dropped.
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June 09, 2025
Lack of consensus in Bouvette acquittal leaves questions unanswered
When a serious yet inaccurate allegation of criminal wrongdoing is made against someone, permanently halting criminal proceedings without a determination of guilt or innocence is insufficient. What is truly needed is a declaration of being found not guilty.