Robson Crim Legal Blog

Indigenous people in Canada are denied bail more often than any other group, despite bail being a constitutional right grounded in the presumption of innocence.[i] This blog examines how the Canadian bail system disproportionately impacts marginalized communities, particularly Indigenous Canadian, and questions whether bail is truly applied equally for all accused individuals.

n November 2025, Manitoba became the first province in Canada to authorize 72 hours of involuntary detention for intoxicated individuals, tripling the previous limit with near-unanimous legislative support. Bill 48, The Protective Detention and Care of Intoxicated Persons Act, passed through the legislature quickly, but the constitutional questions it raises will not resolve as easily.

Several factors must be considered when assessing the credibility of a witness or victim during a trial, one of which is their demeanour. Demeanour evidence is behavioural observations made by either the trier of fact or jury during witness testimony. Triers of fact analyze a witness’s demeanour for sincerity and honesty in determining credibility.

The admissibility of similar fact evidence presents a persistent challenge in Canadian evidence law, particularly in sexual assault prosecutions where credibility assessments are often central. Evidence of an accused’s other discreditable conduct is presumptively inadmissible due to the risk of propensity reasoning and the resulting moral and reasoning prejudice.

In R. v Landrick [2022] BCCA 181, the appeal hinges on new expert evidence with the application of a “Not Criminally Responsible due to Mental Disability” (NCRMD) application. While an application for an NCRMD assessment is generally used as a defence during an original trial, there are instances where it can be used on appeal. The explanation given by the appeal Judge in this case calls attention to how limited time to receive an NCRMD assessment can impact expert witnesses