The Justice Files

The Justice Files tracks the judges, rulings, appointments, and court decisions reshaping Canada from the bench. From soft-on-crime sentencing to activist constitutional rulings, we document the cases the establishment media ignores and explain why they matter.

Justice Catherine Rhinelander throws out teacher's sex assault trial after court runs out of judges

Defence lawyer Sherif Foda says 37-year-old Clipper Miano maintains his innocence.

 

source: JHVEPhoto - stock.adobe.com

An Ontario judge has stayed sex assault charges against a Toronto high school gym teacher after finding court delays caused by a lack of available judges violated his Charter right to be tried within a reasonable time.

Justice Catherine Rhinelander dismissed charges of sexual assault and sexual exploitation against Clipper Miano, 37, after his scheduled jury trial was bumped for three consecutive days because no judge was available to hear the case.

The Crown, defence and witnesses all appeared ready to proceed in May, but the trial never began. By the time the court could reschedule it for August, the case had exceeded the constitutional timeline established under the Supreme Court's Jordan decision.

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ICC prosecutor Karim Khan removed from office over sexual misconduct findings

Khan stepped aside from his duties in 2025 while the investigation was underway, leaving deputy prosecutors to oversee the office. His removal now begins the process of selecting a permanent replacement, though that process could take months.

  

AP Photo/Peter Dejong, Pool

The International Criminal Court has voted to remove its chief prosecutor, Karim Khan, after member states concluded he had committed serious misconduct, ending a two-year scandal that has engulfed one of the world's highest-profile international legal institutions.

In a secret ballot held by the ICC's Assembly of States Parties at the United Nations in New York, 82 of the court's 125 member states voted to remove Khan from office, marking the first time a sitting ICC prosecutor has been ousted.

The allegations first surfaced in 2024, when a junior lawyer accused Khan of repeated sexual misconduct. An internal investigation eventually concluded that Khan had committed serious misconduct, paving the way for Friday's removal. Khan has consistently denied the allegations and says he intends to challenge the decision through legal channels, reports Reuters.

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Justice Palbinder Shergill throws out murder confession, B.C. homicide suspect acquitted

In a ruling released this week, Justice Shergill found members of the Integrated Homicide Investigation Team subjected Charlie to "degrading and humiliating" treatment while he was in custody at the Chilliwack RCMP detachment.

 

The Canadian Press / Ethan Cairns

A British Columbia man accused of murdering his common-law wife has been acquitted after a judge ruled that police obtained his confession through treatment so degrading that it violated his Charter rights.

B.C. Supreme Court Justice Palbinder Shergill excluded the confession of Frederick Charlie, who had been charged in the April 2024 killing of Vanessa Terry near Agassiz, B.C.

Without the confession, Crown prosecutors told the court they had no evidence to proceed, resulting in Charlie's acquittal after a judge-alone trial.

In a ruling released this week, Justice Shergill found members of the Integrated Homicide Investigation Team subjected Charlie to "degrading and humiliating" treatment while he was in custody at the Chilliwack RCMP detachment.

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Justice Faith Finnestad sentences courtroom attacker to just 60 Days after assault on Crown prosecutor

A man already serving a lengthy federal prison sentence for an aggravated assault involving a stabbing and has been designated a dangerous offender was given a light additional sentence after attacking a Crown prosecutor in the courtroom.

 

Source: Facebook

A man who launched himself from a prisoner's box and attacked a Crown prosecutor inside a Peterborough courtroom has been sentenced to just 60 additional days in jail.

Matthew Dakin, 30, pleaded guilty to assault in connection with the February 17 attack and apologized in court, telling Justice Faith Finnestad, "I'm sorry. I've just been going through a lot."

The sentence was the result of a joint submission from the Crown and defence.

The attack occurred during a dangerous offender hearing. Dakin was shackled but not handcuffed as he sat in a prisoner's box that lacked a Plexiglas barrier. As Crown attorney Kelly Eberhard addressed the court with her back turned, Dakin became increasingly agitated before launching himself from the box and striking her in the shoulder area. Court officers quickly restrained him before the assault escalated further.

Justice Finnestad accepted the joint recommendation but cautioned that the sentence should not be viewed as a precedent.

"Anyone who is tempted to demonstrate their frustration by taking physical action against counsel on either side should not anticipate a sentence of only sixty days," she said. "The consequences would be much higher."

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Ontario Court of Appeal justices say convicted sex offender deserved 3 years in prison, but won't go to jail

Three Ontario Court of Appeal justices found a community-based sentence was inappropriate for a man convicted of sexually assaulting a university student, instead suggesting a three-year custodial sentence only to stay its execution, noting the man had already completed his conditional sentence.

 

A man convicted of sexually assaulting a university student and threatening to distribute intimate videos of her to family members in Iran has avoided serving any jail time despite the Ontario Court of Appeal ruling his original sentence was far too lenient.

In a unanimous decision, Ontario Court of Appeal Justices Gary T. Trotter, Jonathan Dawe and D.A. Wilson ruled that the 20-month conditional sentence imposed on Yasser Ghoreishi in 2024 for sexual assault and assault was "demonstrably unfit." Justice Wilson wrote the court's reasons.

The appeal court concluded that a three-year penitentiary sentence was the appropriate punishment for the offences.

However, the judges declined to send Ghoreishi to prison because he had already completed his conditional sentence, which allowed him to serve his punishment in the community under strict conditions.

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Justice Aamna Afsar allows illegal migrant charged with sex crimes against 12-year-old to keep working

Court records show immigration authorities have been unable to carry out a Colombian man's removal order while both his criminal proceedings and immigration applications remain outstanding.

 

source: Google

A British Columbia judge has allowed a Colombian man who illegally returned to Canada after being deported and was later convicted of sexually interfering with a 12-year-old girl to continue working while serving a sentence of house arrest and fighting his removal from the country.

According to reporting on the case in the National Post, Justice Aamna Afsar sentenced the 31-year-old to one year of house arrest followed by one year of curfew after finding him guilty of sexual interference stemming from an incident in Surrey in January 2024.

The girl was the daughter of the man's landlady. The pair had been shovelling snow when they entered a shed to retrieve road salt. The court found the man sexually interfered with the child before she fled and reported the incident.

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Lawyers accuse Canada’s judge-policing system of being secretive, unfair and ineffective

The court challenge was launched after complaints were filed against three judges of the New Brunswick Court of King’s Bench.

 

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A Toronto law firm is challenging the system used to investigate misconduct allegations against federally appointed judges, arguing the Canadian Judicial Council protects “abusive outliers” through a process that is secretive, ineffective and fundamentally unfair.

The constitutional challenge was launched by Breana Vandebeek, a partner at Gorham Vandebeek LLP, after complaints were filed against three judges of the New Brunswick Court of King’s Bench: Justice Frederick Ferguson, Justice Darrell Stephenson and Justice Thomas Christie.

The allegations have not been tested in court, according to reporting from The Globe and Mail.

According to the application filed in Ontario Superior Court, some judges allegedly harass litigants and lawyers, unnecessarily complicate proceedings and contribute to miscarriages of justice while facing little meaningful accountability.

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Senior General Counsel Sharon Steele rejects terrorism charges against leader of listed terrorist entity

Federal prosecutors find 'no reasonable prospect of conviction' in proposed case against Samidoun's Charlotte Kates

 

X / Dallas_Brodie

A senior federal prosecutor has rejected an attempt to privately prosecute the leader of a listed terrorist entity, concluding there was "no reasonable prospect of conviction" despite allegations that she publicly promoted terrorist organizations, praised the October 7 Hamas attack and encouraged support for extremist groups.

In a decision issued on behalf of the Public Prosecution Service of Canada (PPSC), Senior General Counsel Sharon Steele refused to authorize a private prosecution brought by British Columbia MLA Dallas Brodie against Charlotte Kates, the Vancouver-based international coordinator of Samidoun, an organization listed as a terrorist entity by both Canada and the United States in 2024.

Brodie filed the private prosecution in August 2025 after B.C. prosecutors declined to pursue hate-related charges arising from a speech Kates delivered at the Vancouver Art Gallery in April 2024. Instead of hate speech offences, Brodie alleged Kates had committed multiple terrorism offences under the Criminal Code.

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Justice Bruce Duncan's child pornography ruling became leading precedent narrowing Canada's sex offender registry

Supreme Court says 2005 Ontario decision launched a line of cases exempting offenders from mandatory registration

 

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A 2005 ruling by Ontario Court of Justice Justice Bruce Duncan exempting a convicted child pornography offender from Canada's National Sex Offender Registry, became the leading precedent for a series of decisions that narrowed Parliament's sex offender registration law, according to the Supreme Court of Canada. 

In R. v. Have (2005 ONCJ 27), Justice Duncan declined to order a man convicted of two counts of possessing child pornography to register under the newly enacted Sex Offender Information Registration Act (SOIRA).

At the time, SOIRA generally required convicted sex offenders to register with police, but judges retained discretion to exempt offenders if the impact of registration would be "grossly disproportionate" to the public interest.

Justice Duncan found the case qualified for that exemption.

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Justice Ann Smith rules Nova Scotia court can't hear challenge to self-regulated Indigenous lobster fishery

An alliance of commercial fishermen is arguing that the Sipekne'katik First Nation is conducting an unlawful commercial lobster fishery in St. Mary's Bay by fishing outside federally regulated seasons and without commercial licences.

 

source: The Canadian Press / Mark O'Neill

A Nova Scotia judge has dismissed an attempt by commercial fishermen to have the courts determine whether a self-regulated Indigenous lobster fishery operating outside the federal licensing system is lawful, ruling the case cannot proceed.

In a decision released this week, Nova Scotia Supreme Court Justice Ann Smith struck the lawsuit brought by the Unified Fisheries Conservation Alliance against the Sipekne'katik First Nation, concluding the court lacked jurisdiction because the claim did not raise a legal issue the court could decide.

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Justice Lisa Wannamaker sentences teen who murdered random woman to five more years in youth custody

The Ontario teenager stabbed 60-year-old Eleanor Doney to death during an unprovoked attack in January 2025.

 

source: The Canadian Press / Sharif Hassan

An Ontario judge has sentenced the teenager who admitted to murdering a random Pickering woman in an attempt to emulate a fictional serial killer to just five more years in a youth facility, after granting him credit for the 13 months he has already spent in pre-trial custody.

Justice Lisa Wannamaker ruled that the boy, who cannot be identified under the Youth Criminal Justice Act, will receive credit for the time already served while awaiting trial. He will now spend five additional years in custody, followed by four years under community supervision.

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