SCC

SCC Restores Six-Month Mandatory Minimum for Obtaining Sexual Services from a Minor and Narrows the Road to Challenging It

In a 7-2 split, the Supreme Court of Canada has reinstated the six-month mandatory minimum for obtaining sexual services from a minor, overturning the Quebec Court of Appeal’s finding that it was unconstitutional. The bigger story for defence counsel isn’t the outcome in Denis itself — it’s how the Court rebuilt the reasonable-hypothetical test on the way there, stripping out sympathetic facts before weighing proportionality and setting a tougher bar for the next mandatory-minimum challenge.

Firearms and drugs used to murder

R v Okeymow, 2026 ABKB 406

In R v Okeymow, a man who illegally sold a rifle to a troubled teenager was convicted of manslaughter when that teenager later killed two police officers. The court held the firearm sale was a significant contributing cause and that the shooter’s conduct did not sever the chain. Defence lawyers in firearms and drug-death files need to read this one carefully — the Crown’s causation theory just got stronger.

Challenging an unfair PSR

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

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

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.