Access to Justice
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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?
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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.
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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.
Access to justice: The language of the litigant counts | Ruphine Djuissi
Access to justice in French is a critical issue for Francophones across Canada, particularly with respect to the availability of legal services in French, the quality of interpretation and translation, and equal language rights. It also includes access to French-speaking lawyers and court documents written in French. It is important to ensure that Francophones have access to legal services in their mother tongue or first official language.
Ontario committed to expanding Unified Family Courts but Toronto still lacking
Ontario’s government is vowing to continue working towards the expansion of Unified Family Courts across the province. But a local lawyer says that until a UFC is placed in the Toronto area, millions are being left to navigate a confusing, “two-tiered” family court system.