Access to Justice
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July 30, 2025
Provocation unproven in Manitoba murder appeal
Justin Patrick Monro, then 27, killed 37-year-old Derek Scott Sutton, but was it murder? Munro was charged with second-degree murder. A June 24, 2021, edition of the Winnipeg Free Press called it a bloody few weeks in Winnipeg, with 11 homicides in just 33 days.
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July 29, 2025
Trudeau Liberals increased diversity of federal benches; female jurists made big gains: report
The former Trudeau government’s nine-year push for diversity in federal appointments since 2016 saw big progress for female jurists — who now make up 49 per cent of all federally appointed judges — along with significant gains for jurists who self-identify as Indigenous, racialized, ethnic, 2SLGBTQI+ or as having a disability, according to the latest information from the Office of the Commissioner for Federal Judicial Affairs.
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July 29, 2025
N.B. funding programs for victims of gender-based violence
As part of its ongoing efforts to tackle an epidemic of gender-based violence, New Brunswick is spending millions on emergency transition programs, outreach initiatives and “second-stage” housing.
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July 29, 2025
Applications open for Alberta Restorative Justice Grant
Applications are now open for the Alberta Restorative Justice Grant program. The province is investing $720,000 through the grant to support communities delivering restorative justice programs. This grant program supports initiatives that seek to hold offenders accountable and repair relationships damaged by crime outside the formal court system.
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July 29, 2025
Strongly worded dissent in impaired driving case presages Supreme Court appeal
When a Court of Appeal justice dissents on a case involving a constitutional issue, it is reasonable to expect a referral to the Supreme Court of Canada. A dissent in the judgment in R. v. Westgard, 2025 SKCA 53 may lead to a consideration of whether the Criminal Code provisions requiring a motorist to provide a breath sample violate s. 8 of the Charter, which protects against unreasonable search and seizure.
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July 28, 2025
Navigating Ontario’s strong mayor powers: Practical and strategic insights
In November 2022, Ontario introduced a significant shift in municipal governance through amendments to the Municipal Act, 2001, empowering select mayors with new executive authorities known as strong mayor powers. These powers, designed to expedite provincial priorities such as housing and infrastructure, offer municipalities an important tool, albeit one that carries substantial governance implications.
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July 28, 2025
N.B. to review information and privacy legislation
New Brunswick has launched a review of provincial laws governing privacy and the public’s right to information in a bid to enhance access, loosen “restrictive rules” and address the impacts of AI.
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July 28, 2025
Deportation case shines light on vagaries of using spyware in investigations
Canadians are justifiably outraged that it appears the United States authorities are using extrajudicial means of catching and deporting residents. They are abandoning the rule of law, some say. Can Canadians be so sanctimonious when we may be responsible for similar acts?
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July 25, 2025
SCC gives its first interpretation of ‘unfit to stand trial’ and capacity to ‘conduct a defence’
The Supreme Court of Canada has 9-0 provided its first interpretation of the decades-old definition of “unfit to stand trial” contained in Criminal Code s. 2, shedding light on the considerations and standard for assessing whether an accused has the requisite capacity to “conduct a defence.” On July 25, 2025, the top court dismissed 6-3 an appeal brought by an Ontario man convicted of first-degree murder, who argued he was unfit to stand trial and who also moved to introduce fresh evidence on appeal to show that he was not criminally responsible at the time of the killing: R. v. Bharwani, 2025 SCC 26.
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July 25, 2025
Successful parole bid augurs well for eventual exoneration in coke smuggling case
It is often said that in prison, small issues can become significant. To many, transitioning from a penitentiary to a community-based halfway house might seem like just a change in who supervises daily life. However, for Jeffrey Kompon, the Parole Board of Canada’s decision to transfer him from an Ontario federal prison to a halfway house was more than just a reduction in restrictions — it represented hope that exoneration could eventually come.