Criminal
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October 21, 2025
Parliamentary privilege, Indigenous sentencing, spoliation among highlights of SCC’s fall session
The Supreme Court of Canada’s busy and diverse fall session includes weighty constitutional, criminal and Aboriginal law appeals that have attracted the participation of dozens of interveners. By the time the top court’s fall session ends on Dec. 12, 2025, the court will have heard some 20 cases, split between civil and criminal appeals.
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October 21, 2025
When one sentencing objective trumps others
Some critics of our criminal justice system argue that the Charter of Rights and Freedoms functions like a “get out of jail free” card. However, the fact that someone’s Charter rights have been violated does not automatically lead to an acquittal if charges are laid and pursued. The case of Shaun Brabant illustrates this point.
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October 21, 2025
Neurodivergence, neurodiversity and inclusion
The law is often perceived as logical, precise and rigid, yet some exceptional legal minds defy these expectations. Across Canada, the legal profession is experiencing a long-overdue realization that brilliance comes in a variety of forms and neurological flavours.
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October 20, 2025
Feds announce new Financial Crimes Agency to lead anti-fraud strategy
The federal government has announced plans to create a new Financial Crimes Agency to lead a new National Anti-Fraud Strategy set to be unveiled in the fall budget, according to a release issued on Oct. 20.
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October 20, 2025
Staying of Nygard charges in Manitoba sends message to police
A Manitoba court’s recent staying of sex-crime charges against a former fashion mogul sends a “clear message” to police to maintain proper records of investigations into serious offences, says a law professor.
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October 20, 2025
Perils of lost or destroyed evidence: Lessons from Nygård stay for criminal defence in Canada
In criminal prosecutions, the loss or destruction of evidence can strike at the very foundation of the right to a fair trial. The recent decision to stay charges against Peter Nygård highlights how significant these issues can be, and why defence counsel across Canada must remain alert to them.
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October 20, 2025
View from inside prison: What to do if your friend is arrested
About 250,000 people are charged with a crime in Canada every year. Estimates are that about four million Canadian adults have a criminal record. That’s about one in eight adults, and probably about one in five or six adult men. Which means that most of us know someone — quite possibly more than one person — who has been convicted of a crime.
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October 17, 2025
SCC sheds light on sentencing judges’ discretion and on Crown’s duties of fairness in plea deals
The Supreme Court of Canada has provided guidance about the Crown’s duties of fairness in plea bargaining and also confirmed sentencing judges’ discretion to take into account facts related to serious charges that were abandoned by the prosecution in exchange for the accused pleading guilty to a lesser offense. On Oct. 17, 2025 the top court handed down reserved reasons for its oral judgment last February allowing the Quebec Crown’s appeal from a 2023 Quebec Court of Appeal decision, which had reduced to six months the 15-month conditional sentence the judge at first instance imposed on Enrico Di Paola in 2022 : R.v.Di Paola, 2025 SCC 31.
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October 17, 2025
Beware of immigration fraud and misrepresentation
Canadian immigration is increasingly being targeted with fraudulent schemes, misrepresentation, identity theft, and passport-related crimes. Applicants and unscrupulous consultants exploit weaknesses in the system by using forged documents, stolen identities, sham marriages and misleading claims to obtain immigration status.
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October 17, 2025
Legal professionals under fire: Rising threats stir
In recent years, legal professionals across Canada, from Crown prosecutors to administrative staff have increasingly found themselves on the front lines of violence. High-profile assaults, random attacks and deadly outcomes are prompting reflection on how safe our legal system really is, and what must change.