Canadian Bar Association

The role of international law in Ukraine’s fight against Russian aggression

May 11, 2022
Dr. Gaiane Nuridzhanian and Lee-Ann Conrod

While a state’s right to use force in individual and collective self-defence is firmly established in international law, there exists no right to intervene by force into the territory of another state for humanitarian reasons without that state’s consent or authorization of the UN Security Council.

One size does not fit all

April 19, 2022
Jody Berkes

Mandatory minimum sentences do not address the need for denunciation and deterrence and can also be truly excessive.

Ontario’s victim compensation bill will hurt those it’s designed to help

February 07, 2020
Shiva Bakhtiary

This article was originally published by The Lawyer's Daily on August 21, 2019, part of LexisNexis Canada Inc.

Impaired driving cases surrounded by uncertainty one year after Bill C-46 took effect

December 06, 2019
Kyla Lee

When Bill C-46 came into force on December 18, 2018, it brought with it a host of challenges in impaired driving cases.

Allowing testimony via CCTV without hearing formal sworn evidence

May 22, 2019
James A. Gumpert, Q.C.

On Jan. 23, 2019, the Nova Scotia Court of Appeal released its decision in R. v N.M., 2019 NSCA 4.

Report on the 2017 Uniform Law Conference

June 18, 2018
The Uniform Law Conference of Canada was founded in 1918 to harmonize the laws of the provinces and territories of Canada, and where appropriate the federal laws as well.

Kevin Westell

An out-of-court option: The Alternative Measures Program

June 15, 2018
Joel M. Wonnacott

Joel Wonnacott, the P.E.I. Branch representative on the Criminal Justice Section, reviews the Alternative Measures Program that allows some matters to be diverted out of the criminal court system.

Admissibility of prior consistent statements under contextual exception

May 28, 2018
James A. Gumpert, Q.C.

On May 14 the Supreme Court of Canada released the oral decision in R. v Cain, 2018 SCC 20. The decision was a 4-to-1 majority decision.

Guilty. Now what?

April 23, 2018
Lauren Shadley

When it comes to criminal trials, members of the public are often too focused on the issue of whether the accused is innocent or guilty. As a criminal defence lawyer, I have been more often drawn in by what happens at the end of the trial - the issue of sentencing.

The long arm of the law and extra-territorial recovery from fraud

April 23, 2018
Grace Hession David

Canada (Attorney General) v Georgiou, 2018 ONCA 320 is an interesting case from the Court of Appeal in Ontario which makes it quite clear that convictions for fraud in the United States and resulting orders for restitution and forfeiture will be enforced with dispatch.

Tracking Preferences

2019