Verdicts & Voices

How should Canadian courts incorporate Indigenous cultural and legal practices? Why might some judges be reluctant to do so? And are we moving toward a tri-jural system in which Indigenous legal orders exist alongside civil and common law? To mark National Indigenous Peoples Day, we’re replaying a discussion from June 2025 with two chief justices for whom these questions are front and centre: Leon...

In this final episode of the spring, three law students discuss their reasons for studying law, their first forays into law firms, and their impressions of a changing profession and a tumultuous world. See you in September! Maria Kalapurayil  just graduated from the University of Alberta. Sophie Poitras  has one year under her belt at the Université de Moncton. And with one year to go at the Unive...

In 1976, when Harvey Brownstone  told his mother he was gay, she became “volcanic” and kicked him out of the house. He spent five years on welfare, without stealing – much. Somehow, though, he got a law degree from Queens, clerked for a young Rosalie Abella, and became Canada’s first openly gay judge in 1995. Now, in retirement, his celebrity interview show has 70 000 YouTube subscribers, and the...

The Supreme Court of Canada issued a landmark decision earlier this month that created a new tort of family violence. This means people who have suffered harm due to intimate partner violence will be able to seek damages. The 6-3 decision in Ahluwalia v. Ahluwalia was more than a year in the making. What will it mean for victims and legal professionals?     Shelley Hounsell is a family law lawyer...

Since the Supreme Court’s 1999 Gladue decision , sentencing judges in Canada are supposed to consider the “unique systemic or background factors” that bring Indigenous people in contact with the law. The idea is to reduce Indigenous overincarceration and promote alternative sanctions. But how does this work in a place like Nunavut, where the trauma of colonialism affects just about everyone, and s...

For two years, much of the BC legal community has been warning that changes to the regulation of lawyers in that province risk making them answerable to the state rather than their clients. Last week, the BC Supreme Court upheld the changes as constitutional, despite noting the government’s “inability, or failure, to justify overturning 150 years of self-regulation.” Connor Bildfell  is First Vice...

Everyone is supposed to be entitled to their day in court. But how should we weigh that principle against the reality of litigants who misuse court processes, tying up resources and subjecting other parties to harm? What approaches exist to identify vexatious or abusive litigation at an early stage and nip it in the bud?  Donald Netolitzky, K.C.,  was complex litigant management counsel for the Al...

B.C. Supreme Court Justice David Masuhara  may have been the first judge in Canada to encounter AI-generated fake citations. As he wrote at the time, “generative AI is still no substitute for the professional expertise that the justice system requires of lawyers.” Two years later, the phenomenon certainly hasn’t gone away. So, there could hardly be a better guest for a discussion about the frequen...

Canadian law societies require licensed lawyers to be of good character. But what does that mean? How is the requirement enforced? And can a person who sexually abused multiple children, and lied about it for years, still meet this standard? Nadia Liva  practices regulatory and disciplinary defence at Liva Freeman Dent LLP, with additional experience in criminal law. Ben Kates  chairs the Regulato...

When Justice Minister Sean Fraser unveiled the federal government's latest bill to reform the criminal justice system last December, he said Bill C-16 would confront the rise in coercive control and intimate partner violence, and “keep kids safe from predators.”  But will it actually live up to that goal? The bill includes new mandatory minimum sentences, creates new criminal offences, and increas...

When Quebec’s secularism law finally has its day at the Supreme Court next week, it will be a case for the ages. There will be dozens of interveners, six provinces and the federal government will be represented, and Ontario’s Attorney General will even make his argument personally. At issue are fundamental questions of individual liberties, religious freedom, gender equality, minority language rig...

Corinne Sparks of Nova Scotia was Canada’s first black woman judge. She was also the object of a racial bias complaint that reached the Supreme Court and stunted her career. To mark the International Day of Women Judges, we’re replaying this July 2025 interview about it with Constance Backhouse, a legal historian at the University of Ottawa. Her latest book is Reckoning with Racism: Police, Judges...

In 2016, when the Supreme Court issued its landmark decision in R. v. Jordan , it called out a “culture of complacency” toward delays in Canadian court proceedings. The decision revolutionized Canadian criminal law, imposing strict timelines for bringing cases to trial: 18 months for provincial court, 30 months for superior court. If the timelines aren’t met, charges are stayed, and the accused ca...

Cops and lawyers are famously “separate but equally important groups” within the criminal justice system. Police officers often encounter the practice of law – lawyers, warrants, the witness stand – but what makes some of them join it? How do they manage the transition? And how does their policing background help or complicate their legal careers? Louis-Philippe Thériault is a lawyer with McInnes...

On November 21, 2025, a Divisional Court judge ruled that the Black Legal Action Centre could intervene in a case before the Human Rights Tribunal of Ontario. The only problem? Twenty-four hours earlier, a different judge had made the opposite ruling . How did that happen? How was the situation resolved? And what can we learn from it about different approaches to third-party intervention in Canadi...

It’s been a rocky twelve months for the idea that countries’ actions should be governed by rules. Does that mean international law is dead? Was it ever alive? Or is it more relevant than ever? Join two of Canada’s leading experts for a conversation that runs the gamut from tariffs to the ICC to Greenland to Davos to Venezuela and Caribbean drug boats, even a callback to Huawei and Meng Wanzhou, as...

Canada’s Supreme Court will have a lot on its docket in the coming months, and friend of the pod Nadia Effendi is back to talk us through it. Among the highlights: Will the Court recognize a tort of family violence? (Kuldeep Kaur Ahluwalia v. Amrit Pal Singh Ahluwalia) Are the findings of Parliament’s Ethics Commissioner subject to judicial review? (Democracy Watch v. Attorney General of Canada) C...

It was a long year, but you made it! Time to put on your fuzzy socks, curl up with some cocoa, and dig into a good book. We’ve assembled an elite Canadian legal brain trust… to give you reading recommendations for the holidays.  Want ideas for fiction? Non-fiction? True crime? Children’s lit? Narrative verse about a rescue at sea by a teenage girl in 19th-century Newfoundland? Between University o...

Why can’t lawyers and judges just say what they mean? Legal documents – statutes, contracts, court decisions – are infamous for being dense and full of jargon (not to mention Latin). But a growing community of legal professionals is advocating plain language as a way to make the law more accessible, build trust in the justice system, and ensure that ordinary litigants can read a decision and, you...

In the coming days, Quebec’s National Assembly will hear testimony about a proposed new provincial constitution, known as Bill 1. Alexandre Forest, President of the Canadian Bar Association’s Quebec Branch , will attend and argue that the legislation should be withdrawn in its entirety for reasons of substance and process. Meanwhile, Professor Stéphane Beaulac of the Université de Montréal is stay...

The taboo once associated with Section 33 (the notwithstanding clause) of the Canadian Charter of Rights and Freedoms seems to be fading. In recent months, Alberta has used it to end a teachers’ strike and pass bills affecting transgender youth and adults. Saskatchewan invoked it in 2023 to prevent students from changing names or pronouns without parental consent. In Quebec, where the taboo was ne...

Passing the bar exam has long been accepted as a natural step for new lawyers. But in Canada, that seems to be changing. The Practice Readiness Education Program (PREP) has already replaced bar exams in PEI, Alberta, Manitoba, Saskatchewan, Nova Scotia, and Nunavut. British Columbia is set to make the switch soon, and the Law Society of Ontario is considering doing the same. What’s driving this tr...

NYU professor Margaret Satterthwaite has been monitoring threats to the rule of law on behalf of the UN Human Rights Council since 2022. She has seen autocrats around the world unleash assaults on their legal systems, but now she finds herself writing to the government of her own country about attacks on judges and lawyers in the United States. And she has plenty of advice for Canadians and people...

When the Government of Canada launched its AI Strategy Task Force on September 26, 2025, Dr. Gideon Christian noticed a significant omission: Black people. Three weeks later, he was among 60 signatories of an open letter warning that Canada’s Black community “bears some of the greatest harms from AI bias and automated decision-making systems,” and calling for the inclusion on the task force of Bla...

On October 23, 2025, Canadian Justice Minister Sean Fraser introduced Bill C-14, the Bail and Sentencing Reform Act . The legislation notably aims to make bail “stricter and harder to get” and impose harsher sentences on repeat offenders. While some, like the Canadian Association of Chiefs of Police and the Retail Council of Canada, have welcomed the new bill, the Canadian Bar Association has argu...