Access to Justice
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August 20, 2025
Saskatchewan cannot use notwithstanding clause to ‘shut’ courts out of Charter ‘conversation’: lawyer
Pre-emptively invoking the notwithstanding clause does not bar the courts from still making it known whether laws brought via the clause infringe on people’s rights, says a lawyer of a landmark case involving Saskatchewan’s controversial pronoun policy.
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August 19, 2025
Ministers from territories plan for gender equality
Ministers from Canada’s northern territories are working to develop a “memorandum of understanding” in formalizing shared priorities on gender equity.
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August 19, 2025
Privacy challenge in DUI blood test case fails to sway Quebec Court of Appeal
Fighting an impaired driving charge can be challenging, but it is not impossible. Obstacles often stem from potential errors in police procedures, faulty breathalyzer readings and alternative explanations for a toxicologist’s report. These issues were highlighted in a recent Quebec Court of Appeal decision (R. v. Chartrand, 2025 QCCA 945).
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August 18, 2025
Appeal court determines self-represented accused capable, dismisses application for counsel
While writing these columns for Law360 Canada, I have found that a significant issue in appeals of conviction is the sufficiency or admissibility of evidence. Difficult questions often arise that challenge even well-trained and experienced lawyers. Is it likely that an intelligent self-represented litigant may also struggle when such evidential issues are central to an appeal? This was the question to be decided in the case of R. v. Moylett, 2025 NLCA 25.
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August 15, 2025
The Friendly Bar Series, No. 8: Sweating for justice
At The Friendly Bar, we share more than case law. We exchange courtroom war stories, debate best practices and, during a heat wave, map out which of us has a dog pool deep enough to lie face-down in.
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August 15, 2025
Murder trial jury instructions inadequate, new trial ordered
It was meant to be a coworkers’ celebration of life for a Boston Pizza employee who had died in 2018. That celebration turned tragic when three people were stabbed, one of whom died.
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August 14, 2025
Yukon looking at public, professional feedback on amending Health Professions Act
Yukon will use feedback from the public and other stakeholders to guide “policy and regulatory development” in revamping legislation governing health care professionals.
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August 14, 2025
The ‘best interests test’ and cultural significance in Indigenous communities
As I entered the courtroom in Iqaluit, I was immersed in a world of child welfare, where the glaring significance of rich culture and heritage formed part of the backdrop and undertone in cases where it should be front and centre.
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August 14, 2025
Jury instruction missteps lead to retrial in Ontario murder case
John Wayne Pierre and Lesley Watterworth had a volatile, drug-fuelled relationship, made worse by Pierre’s jealousy over her former boyfriend. After leaving a rehab program early in 2016, Pierre resumed drug use with her.
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August 14, 2025
Bar ramps up campaign to end ‘Zoom-only’ policy & get intervener counsel back into SCC’s courtroom
Prominent intervener groups are telling the Supreme Court of Canada that its 2022 practice direction confining their counsel to Zoom and barring intervener lawyers from making submissions in person before the judges is hurting their advocacy and restricting access to justice for public interest groups. However, the top court says it’s sticking with its current policy since “virtual appearances have proven to be an effective means of supporting equal access.”