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Archive for the ‘Justice Issues’ Columns

We Belong Here: Black Lawyers in Canadian Court Spaces

On January 23, 2026, a disturbing incident unfolded in the Oshawa courthouse that forced the Canadian legal profession to confront a truth many Black lawyers have long known but too often endured in silence. Sudine Riley, a Black woman and criminal defence lawyer, had just completed a trial and was working in a private interview room when uniformed Durham Regional Police officers challenged her presence in the courthouse. What followed, according to her lawyer, was a violent assault: her head was slammed onto a desk, knees pressed into her back and neck, her headscarf ripped off, and she was handcuffed, . . . [more]

Posted in: Justice Issues, Practice of Law

Attacks Against the International Criminal Court: Who Cares About Victims of Atrocity Crimes?

When the distinguished Canadian jurist, Kimberly Prost, began her term as a judge of the International Criminal Court (ICC) in 2017, she could not have imagined what happened on 20 August 2025. That day, the United States imposed sanctions on her, putting her on a list alongside those implicated in terrorism and organized crime.

Judge Prost is one of eight ICC judges sanctioned by the US during 2025, along with the ICC prosecutor and two deputy prosecutors. They are all being penalised – without any due process – for performing their professional duties as mandated by the Rome . . . [more]

Posted in: Justice Issues

Age-Appropriate Design for Canada: Moving Beyond One-Size-Fits-All Consent

Canada is at a pivotal moment in children’s privacy. Federal reform under Bill C-27, including the proposed Consumer Privacy Protection Act (CPPA), continues to advance, while provinces such as Quebec—through Law 25, which introduces enhanced rights and stricter consent obligations, have already begun reshaping the legal landscape. At the same time, the Office of the Privacy Commissioner of Canada (OPC) continues to identify children’s privacy as a policy and enforcement priority, underscoring the need for a modernized framework that reflects minors’ unique vulnerabilities and developmental needs. OPC Annual Report 2021 , Bill C-27 Overview Quebec Law 25 Summary

Despite . . . [more]

Posted in: Justice Issues

The Political Threat to the Rule of Law in Canada

Recently, the law societies across Canada came together to launch Ours to Protect, a national campaign to raise awareness about the importance of the rule of law. In Canada, when we talk about threats to the rule of law, we tend to glance nervously at chaos in other countries, especially the United States. The United States has provided a dramatic study in how quickly respect for legal norms can erode. The Trump White House openly vilified judges who ruled against it – accusing them of abusing their powers and even suggesting they be impeached or prosecuted. Some years . . . [more]

Posted in: Justice Issues

This Way for the Legal Wading Pool

If you’ve been adrift on the internet desperately trying not to drown in the flood of legal information, great news! You’ve found a raft!

No, that’s not really funny. When you’re representing yourself, trying to get to the information you want does often feel like drowning. There’s so much info, mostly not what you need, so you wind up flailing about desperate to stay afloat while the currents try to pull you under. Or you get caught in whirlpools of misinformation. Or weighted down by too much case law.

Few make an intentional choice to dive in and go DIY-lawyering. . . . [more]

Posted in: Justice Issues

A Court Divided: What an Ontario Court Motion Reveals About Race in the Courtroom

In a bizarre procedural twist, the Ontario Divisional Court issued two contradictory decisions on consecutive days in the same case. Two written motions for leave to intervene in Dosu v. Human Rights Tribunal of Ontario was sent to two different judges – Justice Sharon Shore and Justice Shaun Nakatsuru – who rendered opposite rulings. Justice Shore dismissed the would-be intervenors; the next day, in a separate ruling, Justice Nakatsuru granted them intervention, setting the stage for what appears to be an embarrassing judicial outcome for the court.

The anomaly in the motions outcome – essentially a legal coin flip yielding . . . [more]

Posted in: Justice Issues, Practice of Law

The Moral Cost of Delay: Reflections on Managing Judicial Reserves

“Reserves do not improve with age. The longer a decision sits unwritten, the heavier it becomes.”

When the Honourable Deena Baltman (retired) offered this observation during a recent continuing professional development session for Deputy Judges, she articulated something that every judge knows but rarely voices. Her presentation, titled Managing Reserves, was pragmatic and concrete: write promptly, ideally within 48 hours; avoid over-reserving; schedule writing time ruthlessly; resist the temptation to wait for motivation, inspiration, or provocation.

Yet what has stayed with me is not just the efficiency of her techniques but the unspoken premise beneath them: that timeliness in . . . [more]

Posted in: Justice Issues, Legal Ethics

Using Representation Pathways to Explore Court Data

Court data is an important source of information that can increase our understanding of justice system issues. Research is currently under way at Osgoode Hall Law School and the Canadian Forum on Civil Justice using Ontario court data examining two issues: the impact of unrepresented accused on the efficiency of the courts and the disadvantages that may be experienced by unrepresented accused in terms of outcomes. The research is being carried out using an appearance-based data set from the Ontario Cout of Justice. The data set includes 17,622,670 appearances nested within 2,002,306 disposed cases from 2011 to 2022.

Court data . . . [more]

Posted in: Justice Issues

Breaking Down Silos

The landscape of access to justice research and work in Canada continues to grow and evolve. However, in such a large and diverse country it is sometimes easy to become siloed in one’s own work, institutional setting, and geographical location. Understandably, we are all focused on the particularities and situational challenges inherent in the necessarily specific work of addressing a plethora of access to justice symptoms across different governments, court and tribunal systems, regions, and populations. But we must not lose the bigger picture, and there is therefore a great benefit to being able to connect, exchange ideas, share research, . . . [more]

Posted in: Justice Issues

What Reforms Does the Ontario Superior Court Most Need?

Tasked with proposing reforms to the Ontario Rules of Civil Procedure, the Civil Rules Working Group (“Working Group”) misfired rather badly. For example, the Working Group proposed adding a prelitigation protocol that would in effect require plaintiffs to serve their Affidavit of Documents before commencing litigation and accordingly disclose sensitive information (think medical records, bank and credit card statements, tax returns and proprietary business information) directly to opposing parties, often before such parties had retained counsel. Ignoring privacy issues and resultant risks of such information being posted online, because why not, this would add significant up front cost to . . . [more]

Posted in: Justice Issues, Practice of Law

Digital Justice: Rural Communities and the Access to Internet Problem

A key barrier to accessing justice in rural and remote communities is the lack of high-quality, reliable Internet. According to Statistics Canada, households in rural areas are nearly twice as likely to lack home Internet access and are almost ten times more likely to cite poor Internet quality as the reason for not having it.[1] Over the last few years, much of the legal world has shifted from the physical to digital space. Those unable to access information or services online are increasingly at a disadvantage. This means that there are potentially millions of Canadians who cannot access justice . . . [more]

Posted in: Justice Issues

Self-Represented Victim-Survivors of Family Violence Walk a Hard Road

Navigating the legal system is challenging for any self-represented litigant (SRL), but for victim-survivors of intimate partner violence (IPV) or family violence, it can also be deeply retraumatizing. Without a lawyer, SRLs are directly exposed to the adversarial nature of the court process, where abusers can continue harassing victim-survivors through aggressive and oppositional tactics. At least 40% of family law litigants self-represent, often because they earn too much to qualify for legal aid but not enough to sustain representation. Abusers exploit this financial vulnerability, hoping that financial hardship will force their victims to give in—particularly in custody and support disputes. . . . [more]

Posted in: Justice Issues

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