Criminal
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April 24, 2025
British Columbia Supreme Court case exposes new civil liability risks for regulators
Unfair regulatory investigations and decisions now present more than just judicial review risks — the regulator may be exposing themselves, their staff and even legal counsel to civil liability. In Thmbran v. British Columbia College of Nurses and Midwives, [2024] B.C.J. No. 479, the British Columbia Supreme Court permitted tort claims against both the College of Nurses and Midwives and individual staff members to proceed, establishing that statutory immunity offers limited protection where there is bad-faith handling of regulatory complaints.
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April 24, 2025
Why video evidence failed to win Alberta sex assault appeal
When an accused Alberta man was charged with three counts of sexual assault by a former partner, he thought he might have a good defence if he could get around Canada’s “rape shield law,” s. 276 of the Criminal Code. His defence at trial was that he had an honest but mistaken belief that the partner had consented to the sexual advances.
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April 24, 2025
Wait! Hear me out
I am listening to a Filipino song called Bulag Pipi at Bingi by Freddie Aguilar. The lyrics express the idea that the real world is not far from the life of deaf, blind and mute — it suggests that what one is going through is not unusual or isolated. However, the other side of me is worrying that I am starting to realize how loud the volume is. Am I starting to have noise-induced hearing loss?
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April 23, 2025
Conservative and Liberal election platforms feature ‘tough’ approaches to crime but clash on the Charter
Ahead of the April 28 federal election, the Liberal contender for prime minister is promising to “stand up for the Charter,” for example by expanding the federal Court Challenges Program, while his Conservative rival for the post aspires to become the first prime minister to invoke the Charter’s “notwithstanding” clause, in order to shield his promised “life without parole” sentencing reforms for multiple murders from being struck down as a violation of the Charter’s ban on cruel and unusual punishment.
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April 22, 2025
Law Commission of Ontario seeking answers on use of AI in criminal justice
The Law Commission of Ontario has started a public consultation process to explore the implications of artificial intelligence in the criminal justice system, seeking to gather diverse perspectives on its use and regulation.
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April 22, 2025
Evidence - Admissibility - Prejudicial evidence - Probative value - Photographs and video recordings
Appeal by BJ from conviction for three counts of sexual assault against his former partner.
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April 17, 2025
Federal Court of Appeal upholds Ottawa's ban on more than 1,500 firearms, dismisses appeals
The Federal Court of Appeal has dismissed four appeals that related to six applications of judicial review on the banning of over 1,500 types of firearms in regulations brought by governor-in-council in 2020. The firearms were banned due to not being reasonable for hunting or sport, with the Federal Court finding that the regulations were not ultra vires.
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April 17, 2025
Saskatchewan looking to classify fentanyl, meth, needles as ‘street weapons’
Saskatchewan is planning legislative changes that would classify fentanyl, meth and hypodermic needles as street weapons.
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April 17, 2025
B.C. Appeal Court: Step-up principle ‘one of restraint rather than mandatory escalation’
B.C.’s top court has ruled a judge incorrectly applied the “step-up principle” when sentencing a woman for criminal contempt in relation to her actions when protesting logging operations in the province.
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April 17, 2025
Top jurists urge ‘vigilance, courage’ to defend rule of law amid rising political attacks abroad
Top judges from Canada and around the world recently gathered with other jurists in Ottawa for the Supreme Court of Canada’s 150th anniversary symposium, where a prominent Canadian legal expert remarked that the new U.S. administration’s stance towards courts and the rule of law reflects expansive conceptions of executive power and impunity espoused by Germany’s Nazi regime in the 1930s.