Myles McLellan

When Justice Causes Harm: Rethinking Canada’s Response to Sexual Assault

The criminal justice system is often described as a pathway to accountability, healing, and public protection. For survivors of sexual violence, however, the experience of seeking justice can sometimes become a source of further trauma. A recent commentary by Ontario lawyer and human rights advocate Deepa Mattoo highlights a concept that deserves greater attention within […]

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Chief Justice Wagner Defends Jordan Framework and Warns of AI Risks to the Justice System

June 11, 2026 Canada’s Chief Justice, Richard Wagner, has delivered a strong defence of the Supreme Court of Canada’s landmark decision in R. v. Jordan, while simultaneously warning that artificial intelligence presents a growing threat to the integrity of legal proceedings when lawyers and litigants rely on fabricated case law. Speaking at his annual press

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Saskatchewan Court of Appeal Orders New Trial After Improper Jury Instruction on Charter Rights

June 2026 The Saskatchewan Court of Appeal has ordered a new trial for Jeffrey Leonard Stark, finding that a jury instruction given by the trial judge created a serious risk that jurors could improperly infer guilt from the accused’s exercise of his constitutional rights. In R. v. Stark, 2026 SKCA 48, the Court of Appeal

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Supreme Court Reaffirms the Bedrock Principle of Criminal Justice: Proof Beyond a Reasonable Doubt

On June 5, 2026, the Supreme Court of Canada released its decision in R. v. Berg, 2026 SCC 21, a case that serves as an important reminder of a foundational principle of Canadian criminal law: a person cannot be convicted simply because a judge prefers one witness’s testimony over another. A conviction must always be

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When Bad Character Becomes Bad Justice: Ontario Court Overturns Sexual Assault Conviction

By Miscarriage of Justice Canada One of the most fundamental principles of the Canadian justice system is that individuals must be judged on the evidence relating to the offence charged—not on whether a judge, jury, or the public finds them unlikeable, offensive, or morally objectionable. A recent decision of the Ontario Superior Court of Justice

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Court Tosses Another Case Over Crown Conduct: What It Means for Justice in Ontario

A recent Ontario court decision has once again raised serious concerns about prosecutorial conduct in the province. A judge dismissed a criminal case after finding what was described as “unacceptable negligence” by Toronto Crown attorney Marnie Goldenberg, marking the latest in a series of controversies that have drawn scrutiny from defence lawyers, judges, and members

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Four Years and Still Waiting: The Quewezance Sisters and Canada’s Continuing Wrongful Conviction Crisis

More than three decades after a Saskatchewan farmer was murdered, and more than four years after the federal government acknowledged that a miscarriage of justice may have occurred, Odelia and Nerissa Quewezance remain trapped in legal limbo. The recent APTN News report by Leanne Sanders shines a spotlight on a troubling reality: even when serious

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Miscarriage of Justice Canada Meets with Federal Justice Officials on Launch of New Wrongful Conviction Commission

On May 25, 2026, representatives of Miscarriage of Justice Canada met with officials from the Office of the Minister of Justice and Attorney General of Canada regarding the implementation and operationalization of Canada’s newly created Miscarriage of Justice Review Commission under Bill C-40. The meeting marks an important milestone in the ongoing effort to ensure

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Ontario Court of Appeal Reinforces High Threshold for Malicious Prosecution Claims in Police Investigations

The Ontario Court of Appeal has released an important decision in McCormack v. Evans, a case that will likely have continuing significance for civil claims involving police investigations, Charter-based arguments, and allegations of malicious prosecution arising from criminal investigations. The decision, released today, confirms the considerable evidentiary burden faced by plaintiffs seeking damages against police

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The Most Common Causes of Wrongful Convictions

Wrongful convictions are rarely the result of a single mistake. Instead, they typically arise from a combination of factors that interact in ways that obscure the truth. One of the most well-documented causes is eyewitness misidentification. Research has consistently shown that human memory is fallible, particularly under stressful conditions. Factors such as poor lighting, cross-racial

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