June 2026

Challenging an unfair PSR
Case Summary

R. v. Desormeaux – Unfair PSR Challenged

Pre-sentence reports carry weight well beyond the sentencing hearing — correctional and parole authorities rely on them throughout a client’s sentence. In R. v. Desormeaux, Justice Doyle struck a defective PSR in its entirety and ordered a fresh one from a different probation officer, providing the clearest Ontario articulation to date of when structural relief is warranted. Here is what defence counsel should be looking for every time a PSR lands on their desk.

Superior Court of Canada
Case Summary, SCC

R. v. Berg, 2026 SCC 21: The Supreme Court Reins In Misuse of J.J.R.D. in W.(D.) Analyses

In R. v. Berg, 2026 SCC 21, the Supreme Court unanimously held that trial judges should not rely on R. v. J.J.R.D. when structuring W.(D.) analyses or directing juries. The Court confirmed that a conviction cannot rest on a “considered and reasoned acceptance” of a complainant’s testimony alone — proof beyond a reasonable doubt always demands more. A must-read for defence counsel in any credibility-driven trial.