Criminal

  • March 25, 2026

    Ontario Court of Appeal examines obligations of trial judge for self-represented accused

    What assistance should a self-represented accused expect from the presiding judge during a trial? That question was recently addressed in an appeal before the Ontario Court of Appeal.

  • March 25, 2026

    Parole hearings: A response to Dorson article

    It was with great interest that I started reading the article written by David Dorson in Law360 Canada on March 19.

  • March 25, 2026

    MOTOR VEHICLES AND HIGHWAY TRAFFIC - Driver licensing - Liability and offences

    Appeal by Gregory from a decision dismissing her statutory appeal of the Registrar of Motor Vehicles’ (Registrar) cancellation of her driver’s licence. The Registrar cancelled the licence following concerns raised by police and after Gregory failed two recent driving examinations.

  • March 24, 2026

    SCC judges probe what Charter s. 33 ‘override’ may mean for survival of Charter judicial review

    The argument that a legislature’s use of the Charter’s s. 33 “override” clause can temporarily prevent judges from striking down a law but not from reviewing the law’s constitutionality or stating that the law infringes Charter rights and freedoms sparked a lively exchange between counsel and the bench as the Supreme Court of Canada kicked off its inquiry into the constitutionality of Quebec’s controversial “secularism” (Bill 21) law.

  • March 24, 2026

    CBSA issues temporary halt on removals to UAE, Kuwait, Bahrain and Qatar

    On March 24, the Canada Border Services Agency (CBSA) issued a “temporary halt” on removals to the United Arab Emirates (UAE), Kuwait, Bahrain and Qatar.

  • March 24, 2026

    Dalhousie U and King’s College to resurrect joint journalism-law program

    Two universities in Nova Scotia are re-launching a joint degree program combining law and journalism in a bid to create professionals able to “cut through the noise” of today’s world.

  • March 24, 2026

    Generative AI not immune from potential legal action

    The use of AI chatbots by self-represented litigants and lawyers has raised alarms in the justice system because the chatbots are prone either to hallucinate cases or to cite a legitimate case for a proposition which simply cannot be found in that case. With respect to lawyers, in general, the courts have awarded personal costs sanctions against them and are beginning to refer them for potential disciplinary penalties. A lawyer has a duty to not mislead a court.

  • March 23, 2026

    A few questions about the Law Society of Ontario’s mandatory Indigenous law requirement

    It is déjà vu all over again at Ontario’s legal regulator.

  • March 23, 2026

    Manitoba Court of Appeal determines frustration and fear, not drugs, led to murder

    Jon Preston Hastings was convicted of first-degree murder in a King’s Bench judge-alone trial (R. v. Hastings, 2024 MBKB 171). Although conceding that the evidence established an intent to commit murder, Hastings argued that the trial judge erred in finding planning and deliberation, which are essential elements for a first-degree murder conviction. The Manitoba Court of Appeal dismissed the appeal (R. v. Hastings, 2026 MBCA 11).

  • March 23, 2026

    Doug Ford on self-defence laws: Yippee ki‐yay, Mr. Premier

    By now, we’ve all seen the news coverage surrounding the Vaughan, Ont., homeowner who shot one of three armed home invaders, sending the assailants fleeing like scalded dogs back into a waiting getaway vehicle. York Regional Police later arrested and charged the wounded home invader after he turned up at a Toronto area hospital. York Regional Police declined to charge the homeowner. This led Premier Doug Ford to issue his now infamous “congratulatory” remarks that the homeowner “should have shot him a couple more times.”

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