Reconciliatory JusticeIn two firsts, the SCC decided that the unwritten constitutional principle of the honour of the Crown applies to certain non-treaty contractual arrangements with Indigenous groups and referred to reconciliation a constitutional principle in Quebec v. Pekuakamiulnuatsh Takuhikan….
Ending the Harm to Parents and Children from Ontario’s Family Justice System by Transforming Family Law CultureThis paper examines the harm to families and particularly children, caused by the litigation method of dispute resolution for making parenting plans. That this harm occurs in the area of law entrusted with promoting the best interests of children is morally, ethically, and legally unacceptable…
Lawyers Play an Important Role in Addressing Coercive ControlIn the last four months in Nova Scotia, 6 women have been killed in murders attributed to intimate partner violence (IPV). These tragic deaths all occurred since Nova Scotia’s official declaration that IPV is an epidemic…
Between Public Health and Safety: Decriminalization of Drugs in British Columbia Through the Lens of Justice and RealpolitikBC declared a health care emergency in April 2016 because thousands of residents had died of increasingly toxic illicit drugs. The BC government studied the problem and solutions in great detail. A major Death Panel Report to the BC Coroner updated in 2022 examined the deaths. Studies recommended evidence-based steps to reduce deaths from overdose…
Ontario’s New Drug Policy: Impacts on Safe Consumption Sites and Public HealthOntario’s new drug policy will close many supervised consumption sites in Ontario. The Community Care and Recovery Act, 2024 prohibits safe consumption sites from operating within 200 metres of schools and daycare centres…
Navigating NCR and Automatism Challenges in Criminal CasesIn the aftermath of R v Sullivan and R v Brown, both the legal profession and the wider public have struggled to reconcile cases in which violent acts are committed involuntarily. Legislation and jurisprudence relating to intoxication, mental state, and criminal culpability has faced heightened scrutiny, as Canadians attempt to balance competing principles of fairness […]
Keeping up with the Evolving Law of Family Violence in Family LawThe past three years have seen the introduction and implementation of significant family law reforms to the ″Divorce Act″, and a number of provincial acts, with many amendments focused on family violence. Since then, case law has continued to evolve across the country, providing interpretations on what constitutes family violence and highlighting the importance of […]
New SCC Thoughts on the Honour of the Crown in Modern TreatiesThe SCC recently decided three cases interpreting historic and modern treaty promises to aid in the reconciliation of Indigenous and non-Indigenous people. I wrote about two of these…
Section 24 – Damages for Unconstitutional LegislationThe Supreme Court of Canada recently confirmed that individuals may bring actions under s. 24 of the Charter for damages flowing from unconstitutional legislation. The Court’s decision in AG Canada v Power upholds a decades-old principle established in Mackin…
Reflections on the Challenges of Consent and Decision-Making for Gender-Diverse Children and FamiliesAs part of our 48th Annual Conference on Families and the Law, which will take place from October 9 to 11 in Winnipeg, a panel will be dedicated to the Challenges of Consent and Decision-Making for Gender-Diverse Children and Families. In light of recent provincial policies concerning gender-diverse students, this panel will examine the legal, […]
