Nunavut’s Gladue dilemma

Nunavut’s Gladue dilemma

Since the Supreme Court’s 1999 Gladue decision [https://www.canlii.org/en/ca/scc/doc/1999/1999canlii679/1999canlii679.html], sentencing judges in Canada are supposed to consider the “unique systemic or background factors” that bring Indigenous people in contact with the law. The idea is to reduce Indigenous overincarceration and promote alternative sanctions. But how does this work in a place like Nunavut, where the trauma of colonialism affects just about everyone, and scarce infrastructure exists for non-carceral penalties? In cases of gender-based violence, in particular, are Inuit women being sacrificed on “the altar of reconciliation?” After a career in criminal law as both a prosecutor and defence counsel, Neil Sharkey spent 15 years as a judge, including eight as Nunavut’s Chief Justice. Qajaq Robinson is a Nunavummiuq human rights lawyer and workplace investigator who served as a commissioner on the National Inquiry into Missing and Murdered Indigenous Women and Girls. In the inquiry’s final report [https://www.mmiwg-ffada.ca/final-report/], Call to Action 5.17 urged a thorough evaluation of Gladue principles as they relate to violence against Indigenous women, girls, and 2SLGBTQQIA people. Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada. Notes: * The Path [https://cba.org/our-impact/initiatives/truth-and-reconciliation/the-path/] is the CBA’s Indigenous cultural awareness course. It addresses topics including Gladue principles and alternative justice systems. * The CBA’s Gladue and Beyond Resource Guide [https://cba.org/our-impact/initiatives/truth-and-reconciliation/gladue-beyond/] is a free resource designed to accompany the module of The Path that covers Indigenous Peoples and the Criminal Legal System. * In December 2025, the Supreme Court heard R. v. Cope [https://www.scc-csc.ca/cases-dossiers/search-recherche/41431/], which deals with the application of Gladue principles in a case of gender-based violence. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.

“A landmark decision for the independence of the bar”

For two years, much of the BC legal community has been warning that changes to the regulation of lawyers in that province risk making them answerable to the state rather than their clients. Last week, the BC Supreme Court upheld the changes [https://www.bccourts.ca/jdb-txt/sc/26/07/2026BCSC0779.htm#_Toc228181513] as constitutional, despite noting the government’s “inability, or failure, to justify overturning 150 years of self-regulation.” Connor Bildfell is First Vice President of the Canadian Bar Association’s BC Branch. He was part of a team from McCarthy Tétrault that argued against the changes [https://nationalmagazine.ca/MediaGallery/NM/NationalMagazine/Articles/Law/Hot%20Topics%20In%20Law/Written-Submissions-CBA-Aug-18-2025-re-Summary-Trial.pdf] on behalf of the CBA. On this episode, he discusses why the BC court’s recognition of the independence of the bar as an unwritten constitutional principle is an important silver lining. Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada. Notes: * CBA responds to BC Supreme Court decision on Legal Professions Act [https://cba.org/News/CBA-responds-to-BC-Supreme-Court-decision-on-em-Legal-Professions-Act-em] Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.

When courts get vexed

Everyone is supposed to be entitled to their day in court. But how should we weigh that principle against the reality of litigants who misuse court processes, tying up resources and subjecting other parties to harm? What approaches exist to identify vexatious or abusive litigation at an early stage and nip it in the bud?  Donald Netolitzky, K.C., was complex litigant management counsel for the Alberta Court of King’s Bench. He argues that abusive litigation is often linked to mental health problems, and that letting it proceed unimpeded harms other parties, the courts, and the abusive litigants themselves. Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.

How to judge slop

B.C. Supreme Court Justice David Masuhara may have been the first judge in Canada to encounter AI-generated fake citations. As he wrote [https://www.bccourts.ca/jdb-txt/sc/24/02/2024BCSC0285cor1.htm] at the time, “generative AI is still no substitute for the professional expertise that the justice system requires of lawyers.” Two years later, the phenomenon certainly hasn’t gone away. So, there could hardly be a better guest for a discussion about the frequency of hallucinated citations, strategies for identifying them, and ways of dealing with lawyers and self-represented litigants who rely on them in court. Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada. Check out these CBA resources designed to help lawyers use AI responsibly:  * AI Academy [https://www.cba.org/resources/cba-ai-academy/] * AI In Practice [https://www.cba.org/professional-development/webinars/ai-in-practice/] Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.

The badge of good character

Canadian law societies require licensed lawyers to be of good character. But what does that mean? How is the requirement enforced? And can a person who sexually abused multiple children, and lied about it for years, still meet this standard? Nadia Liva practices regulatory and disciplinary defence at Liva Freeman Dent LLP, with additional experience in criminal law. Ben Kates chairs the Regulatory Practice Group at WeirFoulds and previously acted as Discipline Counsel for the Law Society of Ontario. Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com [https://pcm.adswizz.com] for information about our collection and use of personal data for advertising.