Criminal
-
June 24, 2025
Moncton mental health, addiction court program to start next year
New Brunswick will be opening a new addiction and mental health criminal court program in the city of Moncton next year — but it will be available only to those facing less serous charges.
-
June 24, 2025
Mandatory charging: Has its time come and gone?
In the mid-1980s, mandatory charging policies came into effect across Canada. They directed police to lay charges whenever they believed there were “reasonable and probable grounds” to do so. Put another way, police were expected to lay charges where they believed the evidence was likely to lead to a guilty verdict.
-
June 23, 2025
Evading tariffs not worth the risk
With Canada’s retaliatory tariffs still in effect due to the ongoing Canada-United States trade war, importers continue to grapple with the significant financial burden of high tariffs rates. In an effort to seek some financial relief, importers might be tempted to consider various “creative strategies” aimed at minimizing the amount of duties paid or payable. Many of these strategies are offered to innocent importers by unscrupulous actors seeking to turn a profit by selling easy answers. Unfortunately, these strategies are usually forms of customs “evasion,” with the importer on the hook for the potential liability.
-
June 23, 2025
Two new judges appointed to the Court of Quebec
Quebec Minister of Justice Simon Jolin-Barrette has announced the appointment of Isabelle Charles and Mathieu Locas as judges of the Court of Quebec. According to the announcement, Charles and Locas will serve in the Criminal and Penal Division in Montreal.
-
June 23, 2025
APPEALS - Grounds - Misapprehension of or failure to consider evidence
Appeal by appellant against his conviction for various offences, including assault with a weapon, possession of methamphetamine, and possession of prohibited firearms.
-
June 23, 2025
Alberta Appeal Court balances Taser use, Charter breach against public safety in gun case
To what extent should police error be considered when a court is asked to exclude evidence due to a Charter breach? The Alberta Court of Appeal recently addressed this issue in an appeal against Sheldon Brian Blyan’s conviction (R. v. Blyan, 2025 ABCA 213).
-
June 23, 2025
Only 24 hours to live
There was a time, altogether not too long ago, when I lived and practised law in Nunavut. Living in the Arctic was a wonderful experience. Learning from Inuit and sharing in Inuit culture was a privilege. I have many fond memories and could speak at length about them. One of the most serious challenges that nearly every person who has visited or lived in Iqaluit knows about, however, is the city’s loose dog problem.
-
June 16, 2025
SCC clarifies how to determine child’s ‘habitual residence’ in non-Hague Convention custody disputes
In upholding an Ontario Superior Court’s assumption of jurisdiction over an international custody dispute, the Supreme Court of Canada has given guidance on how courts should determine the habitual residence of children allegedly wrongly taken or withheld by a parent from a foreign jurisdiction that has not signed onto the Convention on the Civil Aspects of International Child Abduction (Hague Convention).
-
June 20, 2025
OBA awards gala celebrates service to the legal profession and community at large
Toronto lawyer Angela Ogang had a good excuse not to attend the Ontario Bar Association’s annual awards gala June 19: She’d given birth to her baby the night before.
-
June 20, 2025
Federal Court of Appeal overturns denial of psilocybin exemptions for health care practitioners
The Federal Court of Appeal has set aside federal decisions denying certain health care practitioners exemptions from criminal prosecution for possessing and using psilocybin mushrooms as part of experiential training for psilocybin-assisted psychotherapy (PSAP).