Constitutional
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December 23, 2025
Court clarifies order in UBC free speech case
B.C.’s top court has ruled that an order striking a constitutional claim against the province was too ambiguous and should have included specific reference to the portions of the pleadings that were struck.
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December 23, 2025
Court adjourns veterans’ benefits class action pending outcome of proposed retroactive legislation
The Federal Court has adjourned a certification motion in a proposed class action challenging the practice of prorating certain indexation adjustments for veterans’ benefits pending the outcome of proposed legislation that could end the class action.
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December 23, 2025
Quebec Crown prosecutors lose legal battle over working conditions
Quebec Crown prosecutors, disenchanted by the provincial government’s unilateral decision to ignore several recommendations made by an arbitrator appointed by both parties over their normative working conditions, lost a legal battle after the Quebec Superior Court dismissed their application for judicial review. The decision capped a bleak year for the Quebec Association of Public Prosecutors for Criminal and Penal Prosecutions (APPCP).
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December 22, 2025
Court denies higher contingency fee in case tied to Indian Day Schools settlement
In a case relating to the Indian Day Schools class action settlement, the Federal Court of Appeal has denied a law firm’s appeal for a five per cent contingency fee, noting class counsel involved in proceedings had a lower rate.
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December 22, 2025
Alberta court strikes down law society oath of allegiance over religious rights
Alberta’s top court has ruled that the provincial law society’s requirements to swear allegiance to the monarch violated a Sikh man’s religious rights under the Charter.
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December 19, 2025
Duty to consult may be triggered by unproven cross-border Indigenous claims: Federal Court
The Federal Court has found that Canada’s duty to consult under s. 35 of the Constitution Act may be triggered for an Indigenous group located outside Canada based on an unproven claim that the group are Aboriginal people of Canada.
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December 19, 2025
Deferred custody provisions in youth criminal legislation constitutional: Ontario Appeal Court
Ontario’s top court has ruled that prohibitions on deferred custody in the Youth Criminal Justice Act (YCJA) do not violate the Charter, with some legal observers saying the decision limits the flexibility of sentencing judges.
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December 18, 2025
Staffing issues at N.L. provincial courts overdue for solutions: lawyers
Problems that have led to the recent stoppage of civil, traffic and other matters in some of Newfoundland and Labrador’s provincial courts should have been dealt with some time ago, say lawyers.
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December 17, 2025
FCA upholds finding that ISC unreasonably denied Jordan’s Principle funding for mould remediation
The Federal Court of Appeal has upheld a ruling that set aside Indigenous Services Canada (ISC)’s refusal to fund mould remediation in the on-reserve home of two First Nations children, finding that the department’s reasons were insufficient and failed to meaningfully engage with the funding applicant’s submissions.
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December 17, 2025
Experts warn reading of UNDRIP into B.C. law could cause major legal uncertainty
Legal experts are warning that a landmark B.C. Court of Appeal ruling requiring all provincial laws to be interpreted in line with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) has introduced an unprecedented level of legal uncertainty in the province.