Access to Justice
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October 18, 2024
SCC rules driving bans not available for sentencing criminal negligence causing death or bodily harm
In a ruling that may impact an unknown number of existing and expired driving prohibitions, the Supreme Court of Canada has ruled 5-4 that since Criminal Code changes (Bill C-46) went into effect on Dec. 18, 2018, sentencing judges no longer had the discretion to impose driving bans for the offences of criminal negligence causing death or bodily harm.
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October 18, 2024
6 new Indigenous justice centres opening in British Columbia
The BC First Nations Justice Council (BCFNJC) has announced that six new Indigenous Justice Centres (IJCs) will be opening up in the province by December 2024, saying this would allow more Indigenous people to have access to free and culturally safe legal services.
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October 18, 2024
Conviction upheld despite Charter breaches
The Toronto Police Service arrested 27-year-old Shamar Brown while executing a search warrant in a Bowmanville residence on June 12, 2020. Officers found Brown carrying a handgun. The police advised him of his right to counsel. He asked to speak to a lawyer.
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October 17, 2024
Ontario Court of Appeal orders new hearing for youth-driven climate constitutional challenge
A landmark challenge of Ontario’s climate change legislation has been given new life by the province’s top court.
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October 17, 2024
Family law conference hears from lawyers doing things differently
A recent legal conference featured a panel of family lawyers doing things differently — including one on a mission to better educate clients and another who acts for both separating spouses.
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October 17, 2024
Thunder Bay murder conviction stands despite bias concerns
Thirty-seven-year-old Nicholas Necan’s reaction when advised that he was charged with the second-degree murder of 60-year-old George James Gerard on Jan. 28, 2016, was disbelief. Gerard was killed after his head was bludgeoned with a piece of wood in his apartment.
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October 17, 2024
My story, thus far | Courtney Betty
I remember as a young boy arriving in Canada, from Jamaica, filled with excitement and joy. Canada was the land of opportunity, my parents told me. They were both hardworking people. My mother worked in a clothing factory and my father worked for the City of Toronto as a proud parking attendant. They drilled in me the value of education, character and a strong religious belief that I should treat everyone with the greatest level of respect and compassion. In many ways, though I did not recognize it then, these values became a cornerstone that formed the foundation for the rest of my life.
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October 16, 2024
Growing Yukon planning to increase electoral districts
In a bid to address a growing population, the territory of Yukon has tabled legislation that would increase its number of electoral districts.
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October 16, 2024
Lightening the land: Restoring balance and the case for Indigenous fire management
Canada faces an escalating wildfire crisis. Year after year, uncontrolled flames consume vast landscapes and jeopardize the livelihoods of countless people and their communities. In 2023, 2.84 million hectares of forest and land burned in British Columbia alone — the worst in the province’s recorded history. This growing threat stands in stark contrast to the period before colonial disruption when Indigenous peoples expertly managed the land through cultural burning. These deliberate, small-scale fires effectively cleared underbrush, nurtured biodiversity and ultimately fortified ecosystems against larger, more destructive wildfires.
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October 15, 2024
Streamlining EI repayment: A call for less-complicated, dedicated support
A clear, easy-to-follow process is urgently needed to assist those expected to satisfy employment insurance (EI) repayment obligations after an employment settlement.