Criminal

  • September 16, 2026

    Manitoba King’s Bench now allowing video affirmation of affidavits at detention hearings

    Manitoba’s Court of King’s Bench is now allowing accused persons in remand who are challenging their detention the option of affirming the truth of their affidavits via video appearance.

  • September 16, 2026

    Ontario high court examines police searches of vehicles suspected of illegally carrying cannabis

    Police need not perform “an exhaustive, confirmatory investigation” to form a reasonable belief that there is cannabis being illegally stored in a vehicle, states an Ontario court in ordering a new trial for a driver who was arrested after police allegedly found drugs in his car and a gun hidden in the gearshift.

  • September 16, 2026

    Ottawa & judges dispute if Carney gov’t gave meaningful effect to judicial pay commission’s work

    A behind-the-scenes bid by federal chief justices to make future recommendations from the federal independent judicial pay commission process binding on Ottawa is on hold as representatives of Canada’s 1,200 federal judges and Federal Court associate judges sue the Carney government for allegedly not giving “meaningful effect” to the work and non-binding advice of the latest quadrennial Judicial Compensation and Benefits Commission (Giardini Commission.)

  • September 16, 2026

    There is no self-defence behind bars: Prison discipline without context

    To survive in prison, many prisoners must resort to violence — not because they want to, but because they have to.

  • September 15, 2026

    How technology industrializes fraud, confounds criminal justice system

    I was recently approached by email and asked to be interviewed about my latest book on a Zoom call that would reach more than 800 viewers. What troubled me was that the Zoom call was to originate in Dubai. I checked the company before accepting. The Winnipeg Free Press had reported on the venture and labelled it a scam intent on pushing authors to make sizable donations.

  • September 14, 2026

    CBSA removes 111 people in effort to disrupt extortion networks

    The Canada Border Services Agency (CBSA) has removed 111 foreign nationals from Canada as part of an enforcement initiative targeting people with suspected links to extortion and organized crime.

  • September 14, 2026

    TMU controversy tests the limits of law society regulation

    Justice Mary Lou Benotto’s recent review of Toronto Metropolitan University (TMU) contains disturbing accounts of antisemitism. Jewish students, faculty and staff describe harassment, concealing their identity and feeling unsafe. Those accounts should be taken seriously, and TMU has an obligation to address them.

  • September 14, 2026

    View from prison: Why it’s so hard to get information about the correctional system

    When I first realized I was likely to be incarcerated, I started looking for information about prisons in Canada. It turned out to be surprisingly hard to find.

  • September 14, 2026

    N.L. appoints new director of Serious Incident Response Team

    Richard Deveau has been appointed director of Newfoundland and Labrador’s Serious Incident Response Team for a five-year term, effective Sept. 9.

  • September 11, 2026

    SCC sets Charter s. 11(b) test for unreasonable post-verdict delay; nixes Ontario’s 5-month ceiling

    Ruling 9-0 in favour of the Ontario Crown’s position, the Supreme Court of Canada has declined to impose a presumptive time cap on post-conviction sentencing delays or to make a stay of proceedings the mandatory Charter remedy for unreasonable post-verdict sentencing delay that breaches an offender’s s. 11(b) Charter right to trial within a reasonable time.

  • September 11, 2026

    N.S. tables new laws tackling non-consensual spreading of AI-generated intimate images

    Nova Scotia has introduced new legislation in the name of greater public safety — including laws supporting those who have been misrepresented by intimate images created or altered by AI.

  • September 11, 2026

    McInnes Cooper adds Nicholas Burke as partner in Sydney

    Nicholas Burke has joined McInnes Cooper as a partner in its Sydney, N.S., office.

  • September 11, 2026

    CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Trial within a reasonable time - Presumptive ceiling

    Appeal by appellant from a judgment of the Ontario Court of Appeal which reduced his 24-month conditional sentence to 20 months. The appellant was convicted of sexual assault in October 2021.

  • September 08, 2026

    Federal judges’ legal tab so far tops $1M as they take constitutional pay dispute to court

    Ottawa has agreed that the federal judiciary reasonably incurred more than $1 million in legal fees and disbursements to participate in the independent quadrennial process that is meant to depoliticize determinations of federal judicial remuneration and avoid pay disputes.

  • September 08, 2026

    Alberta Chief Justice Ritu Khullar dies

    The Court of Appeal of Alberta has announced that Chief Justice of Alberta Ritu Khullar died on Sept. 3, surrounded by family. She also served as chief justice of the Courts of Appeal of Alberta, Nunavut and the Northwest Territories.

  • September 04, 2026

    CRIMINAL CODE OFFENCES - Homicide - Second-degree murder - Attempted murder

    Appeal by appellant from his convictions and sentence for second degree murder and attempted murder, and application for leave to appeal sentence. The convictions arose from an incident in which three men were shot, two fatally.

  • September 04, 2026

    No need to turn disagreement into a political indictment of judge

    Criticizing judges is not wrong. Indeed, criticism of judicial decisions is an important part of a free society. Judges are not infallible, and their reasons are properly subject to scrutiny by lawyers, academics, journalists and the public.

  • September 03, 2026

    Upcoming legal conferences to tackle AI, estate disputes

    Upcoming conferences listed by Saskatchewan’s law society will include a look into the emotional challenges in estate disputes, French terminology in family law contracts, and the current state of AI in the legal profession.

  • September 03, 2026

    Ottawa murder appeal: Appellate review of a jury charge is not a word-search exercise

    A Jan. 13 issue of the Ottawa Citizen reported on the sentencing of Alam Buoc, who had been found guilty by a jury of second-degree murder. Superior Court Justice Robert Maranger described the crimes in exceptionally harsh terms, calling Buoc a “homicidal maniac” and “a monster.” He characterized the July 2017 killings as “cold-blooded and ruthless” and said the motive appeared to be trivial. It involved an alleged dispute over a bullet that Buoc believed one of his friends had taken. The sentence imposed was the same as if the crime had been first-degree murder: life imprisonment without parole eligibility for 25 years. Buoc appealed, and the Ontario Court of Appeal delivered its reasons on July 6, 2026 (R. v. Buoc, 2026 ONCA 492).

  • September 03, 2026

    Closing the loopholes: The HEAR Act of 2025 and the battle for merits-based art restitution

    In the early years of art restitution, after the signing of the Washington Conference Principles on Nazi-Confiscated Art in 1998, several museums in the United States launched pre-emptive strikes against claimants of looted artworks who expressed an interest in discussing or resolving their claim. Examples include the Toledo Museum of Art v. Ullin, 477 F. Supp. 2d 802 (N.D. Ohio 2006); the Museum of Fine Arts, Boston v. Seger-Thomschitz, 623 F.3d 1 (1st Cir. 2010) and The Museum of Modern Art v. Schoeps, 549 F. Supp. 2d 543 (S.D.N.Y. 2008). The first two cases were dismissed in favour of the museums and in the latter case an out-of-court settlement was reached.

  • September 02, 2026

    Alberta opens $15M grants to expand family violence aid

    Alberta has announced that applications are now open for service providers to access $15 million in grant funding to expand services and supports for those experiencing family violence.

  • September 02, 2026

    B.C. Court of Appeal adopts open-access legal citation guide

    The B.C. Court of Appeal has issued a practice directive adopting the Canadian Open Access Legal Citation Guide (COAL), a free, publicly accessible legal citation guide, as its preferred method for civil and criminal filings in an effort to advance access to justice.

  • September 02, 2026

    Yukon releases ‘What We Heard’ report on ‘sexualized cyber crimes’

    Yukon residents say victims who had intimate images that were shared illegally face barriers in accessing justice due to the expense of legal services, a lack of privacy and a rigid reporting system.

  • September 02, 2026

    Solitary crosses constitutional line in prisons. Why not in hospitals?

    There is something profoundly unsettling about a society that regards prolonged solitary confinement as unconstitutional in prison yet appears prepared to tolerate the same isolation when the person behind the locked door is a psychiatric patient.

  • September 02, 2026

    How escalation actually works under Canada’s anti-money-laundering penalty regime

    One provision of Canada’s anti-money-laundering penalty regime is quoted more often than it is read. Section 4(2) of the Administrative Monetary Penalties Regulation provides that a series of minor violations identified on a notice of violation “shall be considered to be a serious violation” where the penalties total $400,000 or more. That sentence has appeared, in substantially that form, in law firm bulletins, compliance explainers and vendor guides published since the regime was overhauled in March 2026.

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