Criminal
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November 04, 2025
B.C. appeal decision reinforces court’s focus on punishment rather than rehabilitation
Although public safety is a shared goal, there remains debate over how best to achieve it. The courts generally stress punishment, denunciation and deterrence, imposing long sentences to keep offenders off the streets. In contrast, within the penitentiary system, a different philosophy has emerged: one centred on rehabilitation and reintegration.
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November 04, 2025
When the soul suffers: Why moral injury should be compensable in law
It is a curious paradox of modern professional life that physical injury is readily compensable and psychological injury is increasingly actionable, yet wounds of conscience remain invisible to the law.
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November 03, 2025
Quebec justice system in crisis
Quebec’s beleaguered justice system, already reeling under the weight of chronic underfinancing and an acute personnel shortage, is showing “alarming signs” of a gradual paralysis, prompting the province’s main legal players to call on the provincial government to put a halt to belt-tightening measures.
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November 03, 2025
When a lawyer’s hat draws fire
The fight for our basic freedoms also happens outside our courtrooms. What began as a casual breakfast gathering of local men at a downtown Cobourg, Ont., restaurant turned tense when some members of the group objected to a baseball cap worn by the newest member. The faded red cap displayed the slogan “Make America Great Again.” The cap was on the head of Cobourg criminal lawyer Colin Browne, the only Black man present at the meeting.
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October 31, 2025
Split SCC strikes down one-year mandatory minimums for accessing or possessing child pornography
Dividing over what is too “remote” a hypothetical scenario to qualify as “reasonable” when sentencing judges are assessing the constitutionality of a mandatory minimum penalty (MMP), the Supreme Court of Canada ruled 5-4 that the one-year MMPs for accessing or possessing child pornography are unconstitutional as they would be grossly disproportionate in some hypothetical, but reasonably foreseeable, circumstances.
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October 31, 2025
CONSTITUTIONAL ISSUES - Legal rights - Protection against cruel and unusual punishment
Appeal by Appellants from a judgment of the Quebec Court of Appeal which declared the mandatory minimum sentences provided for in ss. 163.1(4)(a) and 163.1(4.1)(a) of the Criminal Code unconstitutional under s. 12 of the Canadian Charter of Rights and Freedoms and of no force or effect pursuant to s. 52 of the Constitution Act, 1982.
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October 31, 2025
B.C. Court of Appeal decides error by trial judge means harsher sentence
In British Columbia, it is well established that a sentence for sexual assault against adults must reflect society’s current understanding of the serious harm and wrongfulness of sexual violence.
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October 30, 2025
Exclusive: Chief Justice Crampton reflects on Federal Court’s successes and ongoing challenges
As he steps down today from the diversified and expert bench he’s recruited over the past 14 years, Federal Court Chief Justice Paul Crampton says he’s confident about the national trial court’s future, even though the full implementation of the court’s “digital shift” awaits the necessary funding from Ottawa.
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October 30, 2025
Black magic and black letter: Legal tales of witchcraft, ghosts and haunted houses
It was not a dark and stormy night. It was actually a pleasant fall morning, and I probably should have been entering my dockets. But the Halloween spirit was in the air, and it moved me to see what Canadian law has to say about the occult. Read on if you dare. I promise there won’t be anything as frightening as the Income Tax Act.
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October 29, 2025
Commons committee invites public input on improving peace bonds, recognizance orders
A House of Commons committee is soliciting submissions by Nov. 28 to inform its new study of how the safety of women and children is affected by Canada’s bail and sentencing regimes, and how Criminal Code s. 810 (recognizance orders or peace bonds) can be improved to help keep women and children safe.