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.

The Quarantine Act: Beware of the criminal consequences for corporations, directors and officers

April 30, 2020
Matthew S. Shadley, Lauren Shadley, Léon H. Moubayed and Sarah Gorguos

The Canadian government has announced an Emergency Order under the Quarantine Act requiring any person entering Canada by air, sea or land to self-isolate for 14 days whether or not they have symptoms of the COVID-19 virus. Announced on March 25, the mandatory isolation is in effect until June 30, 2020.

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.

Tracking Preferences

2020