Access to Justice
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May 28, 2025
A dance of justice and order: Legal themes in ballet
Ballet is often celebrated for its ethereal beauty, technical precision and emotionally charged storytelling. Yet, hidden beneath the graceful movements and elaborate sets are recurring themes that mirror society’s deeper structures, including the realms of law, order and justice. Legal themes woven into some of the most enduring ballets examine how narratives of retribution, social contracts and class divisions provide a compelling framework for dance.
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May 28, 2025
What ‘agreed statement of facts’ really means
The “facts” aren’t always so obvious. More than 90 per cent of criminal convictions in Canada are not the result of a trial, but of a guilty plea. People plead guilty for many reasons, only one of which is that they are actually guilty. But that’s another matter.
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May 27, 2025
Yukoners want more legal services in French
Yukon residents want better access to legal resources in the French language. So states a recent What We Heard report released by Yukon’s government, according to a government news release.
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May 27, 2025
Helpful or hurtful? The dark side of social media sleuthing
Social media keeps us connected and fosters friendship and community. During the pandemic, in those long dark months after the world shut down, it became a crucial source of connectivity for many. In the years since, social media has become increasingly divisive, crude and untrustworthy. In a world of AI, fake news, deep fakes and strong political opinions, it has brought out some of the worst in people.
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May 27, 2025
Application of the 21-foot rule
In summer of 1966 I was introduced to Canadian knife culture. A group of men always carried a knife — at work, the barber shop, the ball game, and even Sundays at church. They were all good friends and respected members of the community. The group included my grandfather and his close friends.
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May 26, 2025
Federal Court rejects constitutional challenge to $20K damages cap in federal human rights cases
The Federal Court has dismissed a constitutional challenge to the $20,000 cap on pain and suffering damages in federal human rights cases, finding the cap does not violate the Charter’s s. 15(1) equality rights.
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May 26, 2025
Federation of Ontario Law Associations asking for revamp of civil rules review
The Federation of Ontario Law Associations (FOLA) is calling on the Ontario government to ensure that ongoing reforms to the province’s civil rules are “representative, evidence-based and reflective of the diverse realities of civil litigation across the province.”
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May 23, 2025
Supreme Court of Canada gives sentencing guidance on ‘enhanced’ credit for pre-sentence custody
The Supreme Court of Canada has granted a convicted sex offender enhanced sentencing credit (1.5 to 1) for the time he spent in presentence custody at a mental health facility in a judgment that also greenlights judges to consider as a factor in determining a fit sentence the time an offender is expected to need to complete institutional rehabilitative programs and treatment, when such measures are adequately supported by the evidence.
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May 23, 2025
Bill 5’s implications for legal profession: Upholding justice system integrity demands our response
As lawyers, we took an oath to ensure access to justice and champion the rule of law. This oath bestows a privilege but also a responsibility to advance the cause of justice and safeguard the rights and freedoms of all persons in Ontario. In light of recent legislation proposed by the Ontario government, this oath — and by extension the Law Society Act that makes it operative — are jeopardized.
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May 23, 2025
Appeal Court cites misapplication of totality as basis for new sentence
No one would deny that child abuse is serious, and more so when the conduct involves child sexual abuse. Should the abuser’s physical and mental condition be factored into a sentence when that person is sentenced? That was a key question before a Manitoba court recently.