Access to Justice

  • July 21, 2025

    Federal Court quashes thalidomide survivor support denial over lack of explanation, genetic testing

    The Federal Court has set aside a denial of benefits under the Canadian Thalidomide Survivors Support Program (CTSSP), finding the decision lacked sufficient explanation and transparency given its significance to the applicant.

  • July 21, 2025

    Where law takes centre stage in musical theatre

    Long a vivid platform for storytelling, musical theatre unravels complex, multifaceted human experiences. One of the fascinating dimensions explored over decades is the intersection of law and art — a realm where legal themes provide both conflict and resolution, hamper and catalyze dramatic evolution within narratives. Legal themes are woven into the fabric of musical theatre, offering unique insights into society, personal morality and the enduring struggle for justice.

  • July 21, 2025

    Supreme Court decision confirms rehabilitation cornerstone of youth sentencing

    In a significant ruling on youth sentencing, the Supreme Court of Canada clarified the legal standards under the Youth Criminal Justice Act (YCJA) in R. v. I.M., 2025 SCC 23, and R. v. S.B., 2025 SCC 24. The court ruled that youth are presumed to have diminished moral blameworthiness, and this presumption must be rebutted by the Crown beyond a reasonable doubt before an adult sentence can be imposed.

  • July 18, 2025

    Indigenous leaders express ongoing concerns after PM’s First Nations Major Projects Summit

    Some Indigenous leaders remain skeptical of the federal government’s Building Canada Act following Prime Minister Mark Carney’s First Nations Major Projects Summit on July 17, saying the legislation fails to uphold the principle of free, prior and informed consent.

  • July 18, 2025

    Relational vs. transactional: Why Canada continues to fail at implementing Indigenous rights

    There is a fundamental difference in worldview that continues to undermine the relationship between Indigenous peoples and the Crown in Canada — a difference that can be summarized as relational versus transactional. This tension lies at the heart of the ongoing failure to fully implement treaties, recognize Indigenous legal orders, or give meaningful effect to constitutionally protected Aboriginal and treaty rights.

  • July 18, 2025

    Dangerous driving case illustrates how court of law eclipses court of public opinion

    What’s the difference between a court of law and the court of public opinion? Public opinion focuses on the status of the offender and the victim, whereas trial and appeal courts look to the correct application of the law. An interesting example is the decision in R. v. Lojovic, 2025 ONCA 319. The background of the parties was not discussed in the judgment, but played a significant role in the press coverage.

  • July 18, 2025

    Tehran’s strategic blindness: The political fallout of Iran’s 12-day war with Israel

    In the early hours of June 13, 2025, the Islamic Republic of Iran was jolted into a geopolitical reckoning. What began as a sudden Israeli air and cyber campaign — Operation Rising Lion — rapidly escalated into a 12-day war that exposed critical weaknesses in Iran’s military command, foreign policy posture and internal political cohesion.

  • July 17, 2025

    Wide-open-door policy ‘is not how we roll,’ Federal Court of Appeal judge tells would-be interveners

    The Federal Court of Appeal’s senior puisne judge says those applying to intervene at the national intermediate appellate court should ask themselves whether their presence “will advance our work.”

  • July 17, 2025

    Court revives Clearview AI class action, finds query-based class identification not ‘opt-in scheme’

    The Federal Court of Appeal has revived a proposed class action against facial recognition firm Clearview AI, ruling that a process requiring potential class members to query the company to confirm their inclusion does not undermine the “opt-out” nature of Canadian class actions.

  • July 17, 2025

    Teen language, a.k.a. sociolect, plays key role in Alberta Court of Appeal decision

    A sociolect is a form of language used by a specific social group, such as teenagers. Teenagers often create and adopt slang or code words to establish their identity and distinguish themselves from adults or authority figures. The Alberta Court of Appeal was asked to interpret a sociolect used in a courtroom before a jury in its recent decision in R. v. Cervantes, [2025] A.J. No. 522, when Enrike Jose Cervantes and Chngkouth John Makuag challenged their sexual assault convictions.