Immigration
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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
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
Suicidal ideation not ‘a carte blanche or free pass’ to remain in Canada indefinitely without status
A Federal Court judge has granted a temporary stay of removal to a failed refugee claimant who is currently at “a very high risk” of committing suicide if imminently expelled to South Korea, finding that the balance of convenience favours the applicant as it would be “most inconvenient to be dead,” while also remarking that a “long-term mental health condition cannot be a ground for an indefinite stay of his removal.”
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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.
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December 01, 2025
Court approves $59M settlement for staffing-related lockdown class actions
The Ontario Superior Court has approved a $59-million settlement in two class actions brought on behalf of inmates and immigration detainees who experienced staffing-related lockdowns in Ontario correctional institutions.
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November 28, 2025
Rees appeal victory consistent with classic miscarriage of justice cases
Through the excellent work of Innocence Canada, there is a checklist of symptoms indicating that even though a court of law has found an accused person guilty as charged, a miscarriage of justice may have resulted. That checklist includes the following: nondisclosure of crucial evidence, tunnel vision in the original investigation, an alternative suspect suppressed or ignored, a key witness shielded from impeachment at trial, and a decades-long delay in uncovering the truth.
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November 28, 2025
Malayalam speaking defendant wins appeal for access to justice
The right to counsel is a fundamental right guaranteed under the Canadian Charter of Rights and Freedoms, which applies at several key stages. When a person is arrested or detained, police must inform them of the right to speak with a lawyer and give a reasonable opportunity to do so.
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November 28, 2025
What happened to religious worker green cards?
Religious worker green cards have become scarcer in the past several years, contributing to a crisis facing American religious communities as leaders are retiring and dying faster than they can be replaced.
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November 27, 2025
Law360 Canada Pulse survey 2025: AI sparks debate on legal industry's future
Canadian lawyers are somewhat split on the impact artificial intelligence will have on their industry, a new Law360 Canada survey shows. According to the 2025 Lawyer Satisfaction Survey — which marks Law360 Canada’s third deep dive into the feelings and thoughts that legal professionals have about their jobs — nearly half of respondents agreed that both the pros and cons of AI are sizable.