Access to Justice

  • March 13, 2025

    Hartman defence showcases complicated factors in determining appropriate sentence

    Judges in criminal cases often say that sentencing is the most challenging part of their work. It requires them to balance a dichotomy and find harmony and effectiveness when dealing with seemingly opposite or contradictory ideas or concepts.

  • March 12, 2025

    The legal stage: Exploring famous operas with legal themes | Connie L. Braun

    Opera originated in Italy during the late 16th century to present a positive image of the ruler and his court to visiting dignitaries. With grand narratives and emotional depth, opera has long been a medium through which complex societal issues are explored.

  • March 11, 2025

    Law Society of Ontario awards honorary doctorate at ceremony

    During the Law Society of Ontario’s (LSO) Call to the Bar ceremony that took place on March 10, Ronald D. Manes received a degree of doctor of laws, honoris causa (LLD).

  • March 11, 2025

    Yukon seeking input on upgrading Human Rights Act

    Yukon’s government is inviting residents to “share their thoughts” on proposed “improvements” to its human rights legislation.

  • March 11, 2025

    Saskatchewan Appeal Court reaffirms judge need not be ‘sphinx’

    Past behaviour is the best predictor of future behaviour. That is a precept often heard at parole board hearings. Tyler Robert Vandewater appeared via video link in Miramichi, New Brunswick provincial court on Feb. 27, 2012, and pleaded guilty to an assault that took place Nov. 19, 2010, in the Atlantic Renous Institution.

  • March 10, 2025

    Court certifies class action against Newfoundland town, paper company over flooding damage

    The Newfoundland and Labrador Court of Appeal has certified a class action against a town and a paper company over alleged damage to residences by flooding caused by the water control system of a hydroelectric power generating system.

  • March 10, 2025

    Procedural errors lead to successful appeal bid

    “Hard cases make bad law” is an adage dating back to 1837. It stands for the proposition that cases that spark moral outrage should not be used as precedent for sentencing. Caleb Nettleton is no stranger to cases that result in moral outrage. While not the subject of comment in the most recent judgment, Nettleton's history suggests the Crown’s patience with this offender was likely strained.

  • March 10, 2025

    Mutual recognition of law licences: A step toward greater access to justice? | Daniel J. Escott

    Canada’s first ministers have made a strong commitment to eliminating internal trade barriers, including the mutual recognition of professional credentials across provinces. While this effort is largely driven by economic concerns, including the need to strengthen domestic trade in the face of U.S. tariffs, the proposal raises fundamental questions for the self-regulated-by-jurisdiction legal profession. Specifically, should Canada’s lawyers be able to practice freely across provincial boundaries? And if so, how would this affect the longstanding principle of self-regulation by law societies? Furthermore, how would such a reform impact access to justice for Canadians, particularly those in underserved regions?

  • March 06, 2025

    Split SCC strikes down 3rd-party political ad spending limits for breaching Charter right to vote

    In what winning counsel call a “landmark” judgment that bolsters democracy, the Supreme Court of Canada has divided 5-4 to strike down an Ontario provision that imposed spending limits on third-party political advertising for a full year before any provincial election period.

  • March 07, 2025

    Court stays class action against workers’ compensation regimes over lack of legal representation

    An Ontario Superior Court has stayed a proposed class action challenging workers’ compensation regimes across Canada, finding that the plaintiffs were required to retain legal counsel to proceed with the action.