Access to Justice
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August 22, 2024
Strangulation by regulation | Tega Adjara
Canada’s economic prominence in the early 21st century marked a significant turning point, as the country’s prosperity garnered global recognition, leading to a surge in migration to North America. Although Canada had been economically stable prior to the 2000s, it was during this period that the nation’s economic success became widely acknowledged. The strength of the Canadian dollar, which even surpassed that of its southern neighbour, symbolized this era of prosperity.
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August 21, 2024
15 years on, court restores Indian status of mother and daughter who died waiting for recognition
The Indian status of a mother and daughter, both of whom passed away before a court could decide their appeal, has been affirmed 15 years after they were removed from the Indian Register without notice.
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August 21, 2024
B.C. class action launched for alleged negligent misrepresentation of ‘safe’ opioid program
The families of two teen girls, one deceased, who became addicted to opioids have brought a class action against the B.C. government and Health Canada. The class action claims that they became addicted due to the province’s Safe/Safer Supply Program, a publicly funded prescription medication program. Health Canada shared responsibility for its implementation through its Substance Use and Addictions Program.
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August 21, 2024
Dashcam footage focus of Ontario Court of Appeal decision to order new trial
A serious motor vehicle collision occurred on an afternoon in March 2018 when Wendel Attard was driving his Lexus on Highway 50 in Brampton, Ont., and collided with a Toyota Corolla. Both the Lexus and the Toyota were damaged beyond repair. The Lexus ended up on its roof in the ditch. The drivers of the vehicles were transported by ambulance to a hospital.
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August 20, 2024
Coercive control bill should tackle familial elder abuse | Heather Campbell Pope
Bill C-332 is a noble attempt to protect domestic abuse victims from escalating violence. However, the proposed law does not help seniors who are harmed by adult children and other relatives like grandchildren, once again banishing elder abuse to the hinterlands of the criminal justice system.
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August 19, 2024
Ontario Court of Appeal orders new trial based on defence counsel performance
Seldom does the Ontario Court of Appeal, the province’s highest court, allow an appeal of conviction based on defence counsel’s performance that undermined the fairness of a trial. Yet in R. v. Nnane, 2024 ONCA 609, the court ordered a new trial for George Nnane because of the “ineffective” performance of his defence counsel at trial and concluded that the lawyer’s defence “fell below the standard of reasonable professional judgment.”
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August 15, 2024
Ontario appeal board dissects border guard access to devices in child porn decision
Technology has created a significant problem. According to an Aug. 2, 2024 CBC report, cybercrimes have increased six per cent in Greater Sudbury since 2023.
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August 14, 2024
Ontario Court of Appeal overturns fraud convictions, citing ineffective defense counsel
The Ontario Court of Appeal has set aside two fraud convictions, finding that the legal representation the defendant received at trial fell below the standards of reasonable professional judgment and undermined the fairness of his trial.
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August 14, 2024
Appeal court decision offers lesson in relying on Jordan
It all seems so simple. Anyone wanting to know if a trial occurs within the 18-month time limit set out in the Jordan decision must calculate the time spent from the date of arrest until the trial date.
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August 13, 2024
Failed Albanian refugee claimants get new H&C review of Canadian-born kids’ best interests
The Federal Court has quashed the denial of an Albanian couple’s application for permanent residence that is based on humanitarian and compassionate (H&C) grounds because the immigration officer didn’t properly take into account the best interests of the pair’s two Canadian children but, instead, wrongly applied a more onerous “hardship” test.