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May 19, 2026
The release of the Nova Scotia Court of Appeal’s latest annual report sets the stage for an increase in webcasts and a push to educate people on the importance of judicial independence, says the province’s top judge.
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May 19, 2026
In my handy Wilderness Survival Guide, there is a step-by-step guide to building the perfect bonfire. I was reminded of it as I read last week’s Supreme Court of Canada decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, which has created a new tort — the tort of family violence for coercive and controlling behaviour.
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May 19, 2026
Criminal defence counsel frequently find redactions in disclosure material. Sometimes large passages are obscured or “highlighted in black,” as I used to say. In November 2025, the Federal Court gave us some insight as to why and when such deletions are appropriate. That decision was Canada (Attorney General) v. Majcher, 2025 FC 1777.
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May 15, 2026
The British Columbia Court of Appeal has dismissed an appeal involving an individual who was subject to a cryptocurrency scam but ignored warnings from trading platforms when carrying out the transactions.
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May 15, 2026
In an effort to “strengthen the bail system and keep dangerous offenders behind bars,” the Government of Ontario is increasing adult correctional capacity by adding “more than 2,500 permanent jail beds within the next decade.”
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May 15, 2026
The Supreme Court of Canada has created 6-3 a new common law tort of “intimate partner violence” (IPV), which may be claimed separately or within family law proceedings. The far-reaching five-judge majority judgment, written by Justice Nicholas Kasirer (along with a separate lone concurrence by Justice Andromache Karakatsanis), not only recognizes a new tort, it elaborates on when novel torts should be created and on the roles of courts and legislatures in developing the law: Ahluwalia v. Ahluwalia, 2026 SCC 16.
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May 15, 2026
This column is quite different from most of my previous ones in that it focuses on something other than my own experience. However, it grows entirely out of that experience. To reassure readers (beyond the many citations in the text), when I was arrested I had an extensive background in reading and analyzing social science research. In the years since my arrest, I have read and made notes on more than 1,000 books, reports and research studies in this field. I have talked with dozens of experts — lawyers, criminologists and community leaders — and even given presentations at conferences. Every claim in this column can be verified by looking at reputable sources in the field, including the reports of Canada’s Correctional Investigator.
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May 15, 2026
Appeal by appellant from her conviction for dangerous driving causing death. The appellant drove her friend, Moore, to the apartment of his ex‑girlfriend, Ikeda. While waiting in her truck, the appellant saw Moore gesture for her to leave, at the same time observing Ikeda, angry and approaching quickly, cross in front of the vehicle.
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May 15, 2026
In R. v. Ordonio, 2025 ONCA 135, the Criminal Lawyers’ Association (CLA), as intervener, argued that Reid technique-induced statements from an accused person should be treated as presumptively inadmissible. The Court of Appeal thought otherwise, opining that the determination of whether (or not) the technique had been used would be a labour-intensive misuse of resources. The decision surveyed some of the criticisms of the practice from the criminology literature. It also considered how some Canadian courts have viewed the procedure. A more comprehensive and contemporary review might have given rise to a different result.
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May 14, 2026
The Federal Court of Appeal has ruled that the Immigration and Refugee Board (IRB) must consider claims that the defence of duress was not practically available in a foreign criminal proceeding when determining whether a person is inadmissible to Canada for serious criminality.