Resources, Articles, & Advocacy
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.
Legislative Update | December 19, 2025
Your OBA LegUp Policy and Legislative Update Week of December 15
CRR Final Report Released: The Civil Rule Review (CRR) Working Group's Final Policy Report, is now available online. The 200+ page document proposes a broad range of reforms across core areas of the civil litigation process to help reduce delays and costs and increase access to the civil justice system for Ontario litigants.
Criminal Justice | December 15, 2025
MAG - Expansion of Digital Information and Repository (DIR) Solution in the Northeast and Northwest Regions
The Digital Information and Repository (DIR) solution will be expanded to Ontario Court of Justice (OCJ) criminal court locations across the Northeast and Northwest Regions in March 2026.
Advocacy | December 12, 2025
Your OBA LegUp Policy and Legislative Update Week of December 8
Central East Civil Trial List: The January 2026 Central East Civil Blitz Trial List has been released. This list details the matters that may be called during the upcoming civil trial sittings, scheduled to commence on January 5, 2026, and continue for three weeks.
