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.

Ontario Police Services
Legal News

Ontario Police Are Using Smartphone Spyware — and Fighting to Keep It Secret. Here’s What Defence Counsel Need to Know.

Ontario police are quietly deploying on-device investigative tools (ODITs) — state-grade spyware capable of intercepting encrypted messages, activating cameras, and logging keystrokes. Active prosecutions in Windsor and Brampton are raising urgent constitutional questions about warrants, disclosure, and the right to make full answer and defence. This article breaks down the legal issues defence counsel need to understand now.

Impaired Female Driver
Case Summary

R v Wilson [2026] OJ No 1514

R v Wilson, 2026 ONCJ 211 is the most significant DRE case since Bingley. An Ontario Court of Justice acquitted on a Refuse Demand charge after finding that skipping Step 1 of the 12-Step Drug Influence Evaluation — the breath alcohol test — means the evaluation was never completed, the demand was invalid, and the Crown’s case collapses at the threshold. The Court also dismantled the officer’s polydrug opinion indicator by indicator, rejected five General Indicators as speculation, and issued a pointed warning about confirmation bias built into the DRE program itself. Essential reading for any defence lawyer handling impaired driving or refuse charges involving a DRE.