Criminal
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November 07, 2025
Totality of evidence must be considered when looking at capacity to consent to sexual activity: SCC
In a split decision, the Supreme Court has ruled that courts must consider all available evidence — not just testimony — when deciding if someone had the capacity to consent to sexual activity. The accused in the case, Frédéric Rioux, had been charged with sexually assaulting a woman after they met for a picnic in a park. Some of the sexual acts took place in the park, whereas others took place later that night at Rioux’s home.
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November 07, 2025
Power at the door: Bouncers and the use of force, part two
Bars, lounges, nightclubs, et cetera are public stages for private enterprise; lively, necessary, sometimes combustible places where the safety of staff and patrons is paramount. At the door stands the bouncer: an individual whose presence reassures staff and is said to reassure customers as well. They enforce house rules and must, on occasion, confront disorder.
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November 07, 2025
Cultural loss cited in Churchill portrait theft sentence appeal
It was the Canadian equivalent of a break-in at the Louvre. It involved a photograph taken in 1941 during Winston Churchill’s visit to Ottawa, where then-prime minister Mackenzie King invited Yousuf Karsh to photograph the U.K. leader.
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November 07, 2025
CRIMINAL CODE OFFENCES - Assaults - Sexual assault - Consent
Appeal by Rioux from a judgment of the Quebec Court of Appeal which set aside a judgment acquitting him of sexual assault and ordered a new trial.
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November 07, 2025
Pierre-Olivier Gagnon appointed to Quebec court
Quebec Minister of Justice Simon Jolin-Barrette has appointed Pierre-Olivier Gagnon as a judge of the Court of Quebec, where he will serve primarily in the Criminal and Penal Division in Salaberry-de-Valleyfield.
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November 07, 2025
Public disclosure of criminal offences
The law society’s “transparency” is about managing public opinion.
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November 06, 2025
Power at the door: Bouncers and the use of force
Bars, lounges, nightclubs, et cetera are public stages for private enterprise; lively, necessary, sometimes combustible places where the safety of staff and patrons is paramount. At the door stands the bouncer: an individual whose presence reassures staff and is said to reassure customers as well. They enforce house rules and must, on occasion, confront disorder.
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November 06, 2025
A veteran correctional officer’s take on personal self defence, part two: Developing the mindset
It was 3:45 p.m. and school was out. Kids were gathering around an outdoor basketball court anticipating a schoolyard fight.
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November 06, 2025
Biometric identities and the invisible person: The fight for ‘facial privacy’ in Canada
When you walk down a city street today, cameras are quietly watching, capturing and, in some cases, analyzing the smallest details of your face. This, in essence, is the new frontier of identity: the age of biometric recognition.
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November 06, 2025
Newfoundland Appeal Court cites public safety in denying drug dealer bail
There is growing concern that our courts are too lenient in granting bail to individuals charged with a criminal offence. Some criticize the judicial process as “catch and release.” However, there is little public comment when bail is requested pending appeal for what even the Crown considered an excessively harsh sentence.