Criminal
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December 05, 2025
PROCEDURE - Trial judge’s duties - Charge or directions
Appeal by Crown from a judgment of the Ontario Court of Appeal which set aside a conviction for attempted murder and ordered a new trial; appeal by BF from same judgment which upheld her convictions for attempted murder and aggravated assault.
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December 05, 2025
CONTROLLED DRUGS AND SUBSTANCES - Possession - Cannabis
Appeal by Liu from conviction and sentence. Approximately five kilograms of cannabis and growing equipment were found in Liu’s car when he was stopped by police while driving from Calgary to Toronto.
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December 05, 2025
Brutality of crime informs sentencing, appeal in B.C decision
Criminologists might use “strain theory” to explain crimes committed by individuals who grew up in deprivation and are unable to reach their goals through legitimate means. While such individuals deserve sympathy, how far should an appellate court go in reducing sentences when the crime was brutal? That was the issue facing the Manitoba Court of Appeal in R. v. Heinrichs, 2025 MBCA 101.
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December 04, 2025
Ontario Court of Appeal weighs real public risk against public opinion
There is significant public pressure to deny bail after a person is arrested for a criminal offence. It is also reasonable to expect that this pressure could influence a Court of Appeal judge to refuse bail when an application for bail pending appeal is made, especially if the conviction involves a serious offence.
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December 03, 2025
Federal judges ‘reluctantly’ take Carney gov’t to court in dispute over pay, judicial independence
In a pay dispute with Ottawa that raises questions about the requirements for judicial independence, the Canadian Superior Courts Judges Association (CSCJA) and the associate judges of the Federal Court separately filed Federal Court applications seeking judicial review of the Carney government’s recent refusal to implement the recommendations of an independent judicial pay commission, including its advice that a $28,000 salary boost (on top of mandatory annual indexing) is necessary to keep attracting outstanding lawyers to the federal benches.
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December 03, 2025
Lawyers raise concerns about Manitoba’s new detainment law for meth intoxication
Legal minds in Manitoba are concerned that new legislation allowing for the 72-hour detention of people “intoxicated” by drugs will possibly do more harm than good.
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December 03, 2025
Saskatchewan Appeal Court finds incarceration ‘demonstrably unfit’ sentence for cannabis offence
Canada passed the Cannabis Act on Oct. 17, 2018, becoming the second country in the world, after Uruguay, to formally legalize the cultivation and recreational use of cannabis. Prosecutions for possession of the substance are now a rarity. The Oct. 2, 2025, Saskatchewan Court of Appeal decision of R. v. Liu, 2025 SKCA 98 stands out for that reason.
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December 03, 2025
Success rate for injured applicants at Licence Appeal Tribunal continues to plummet
As a new associate chair with significant political connections is poised to take over, the Licence Appeal Tribunal (LAT) is facing criticism over the plummeting success rate for people injured in auto accidents who are appealing decisions by insurance companies — a success rate that has dropped precipitously to only eight per cent.
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December 02, 2025
P.E.I. appoints Krista J. MacKay as new chief provincial court judge
Krista J. MacKay has been appointed chief judge of the Provincial Court of Prince Edward Island.
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December 02, 2025
With court coverage shrinking, is the general deterrence effect of sentencing relevant?
Our criminal courts consistently refer to general deterrence when imposing sentences. Section 718(a) and (b) instruct our criminal courts that to protect society and maintain a just, peaceful and safe society, a sentence should denounce unlawful conduct and deter the offender and other persons from committing offences.