SCC
Case Summary, Legal News, 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.

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.