Resources, Articles, & Advocacy
Legislative Update | January 12, 2026
Your OBA LegUp Policy and Legislative Update Week of January 5
Premier Ford to Turn Over Personal Phone Records: The Ford government’s request for a judicial review of two IPC rulings on access to the Premier’s private phone logs was dismissed. In their decision, the judges wrote, “The conclusion that the Premier used his personal cellphone to conduct Cabinet Office matters is a finding of fact that attracts a high degree of deference.” The Premier’s office will be seeking leave to appeal the decision.
Ontario Court of Justice | January 12, 2026
Plea Court Changes – Effective February 2, 2026
Please be advised of upcoming courtroom changes that will take effect February 2, 2026. These adjustments are being made to streamline plea courtrooms at OCJT.
Article | December 30, 2025
Section 493.2 of the Criminal Code: Addressing the Primary and Secondary Grounds for Vulnerable and Racialized Clients
In 2019, the federal government amended the Criminal Code of Canada, R.S.C., 1985, c. C-46 to incorporate the principle of restraint into bail hearings. As stated in section 493.2 of the Criminal Code, a peace officer, justice or judge that is considering release shall give particular attention to the circumstances of (a) Aboriginal accused, and (b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release. Section 493.2 is remedial in nature, and is intended to “ameliorate the pre-trial over incarceration of overrepresented, vulnerable groups," “release more of the accused described in the provision,” and “remedy the problem of overuse of pre-trial custody as well as the overrepresentation of certain populations in the criminal justice system."
Article | December 24, 2025
Driving this Holiday Season: Understanding offences of impaired driving and dangerous driving
Impaired driving and dangerous driving are both illegal and equally serious criminal offences. They are technically rather different when it comes to the Crown proving their elements in court and for counsel defending the accused. Notably, consumption of alcohol, short of the point of impairment, is not the element of the offence of dangerous operation. However, it is “a relevant factor for the trier of fact in considering the mens rea element of the offence of dangerous driving:" R. v. McLennan, 2016 ONCA 732, at para. 27.
Submission | December 23, 2025
Bill 75 - Schedule 2 Bail Act
The OBA provides comments to the Ministry of the Solicitor General (“SOLGEN”) concerning proposed amendments to the Bail Act, as described in Schedule 2 of Bill 75, Keeping Criminals Behind Bars Act, 2025 (“Bill 75”).
