Court strikes down climate case

A Regina Court of King’s Bench judge has dismissed a lawsuit filed against the Saskatchewan government, ruling that claims over its climate policies fall outside the court’s authority. The decision, released last week, ends a legal effort launched in 2023 to push the province toward stronger climate action.

Grassroots challenge to provincial policy

The case was filed by Climate Justice Saskatoon and seven residents aged 15 to 80. They alleged that Saskatchewan’s continued reliance on gas-fired power plants violated their Charter rights by worsening the impacts of climate change. The lawsuit named the province, SaskPower, and the Crown Investments Corporation as respondents.

Ruling focused on legislative limits

Justice Holli Kuski Bassett heard the government’s motion to strike the claim in October 2024. In her written ruling, she concluded the applicants were effectively seeking “court-directed legislative reform,” which she said lies within the provincial legislature’s, not the judiciary’s, jurisdiction. As a result, the claim was struck in its entirety.

Applicants express disappointment

Members of Climate Justice Saskatoon said they were “disappointed” by the ruling but not deterred. “I don’t think it’s the end of our case,” said Amy Snider, one of the applicants. “Our fears for our children’s and grandchildren’s futures remain. The decision doesn’t take away the problem.” The group is now considering an appeal.

Court acknowledges environmental importance

While dismissing the case, Justice Kuski Bassett underscored that the decision did not address the merits of the climate claims. She emphasized that the ruling should not be interpreted as shielding the province from future constitutional scrutiny over its environmental policies.

Reaction from environmental groups

The Saskatchewan Environmental Society, involved in a separate legal challenge over the province’s continued use of coal-fired plants, echoed the disappointment. “This case raises urgent and fundamental questions about climate change and human rights. We believe it should have been heard in full,” said SES president Margret Asmuss in a statement.

Province defends its energy strategy

The Saskatchewan government welcomed the decision, reaffirming its commitment to an “all-of-the-above” approach to power generation. In a statement, the province said it aims to maintain energy security, reliability, and affordability while transitioning its electricity system.

Broader climate context

According to Environment and Climate Change Canada, Saskatchewan ranked among the country’s top five greenhouse gas emitters in 2023, alongside Alberta, Ontario, Quebec, and B.C. Together, those provinces produced 92 per cent of Canada’s total emissions. The case’s dismissal renews debate over how far courts can go in compelling governments to act on climate change.

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Federal Court Upholds Passenger Compensation Ruling

The Federal Court of Appeal has dismissed a challenge brought by WestJet against an order to compensate a passenger for a cancelled flight, marking a significant moment for airline accountability in Canada. The ruling, issued Monday, upheld the Canadian Transportation Agency’s (CTA) directive requiring WestJet to pay $1,000 in compensation.

Case Originating from 2021 Flight Cancellation

The case stems from July 2021, when passenger Owen Lareau’s flight from Regina to Ottawa was cancelled, forcing him to endure a 21-hour delay. The CTA determined WestJet failed to prove the cancellation met conditions that would exempt the airline from compensation under Canadian air passenger protection rules.

WestJet’s Argument on Safety Grounds

WestJet argued the cancellation was caused by a first officer calling in sick an hour before departure, a circumstance the airline said was a matter of safety. The carrier maintained this exempted it from paying compensation. However, the three-judge panel ruled the airline provided “insufficient evidence” to demonstrate the cancellation was unavoidable or properly mitigated.

Court’s Findings on Contingency Planning

In its written decision, the court noted that the CTA was entitled to conclude WestJet did not present enough proof of reasonable contingency measures to manage the disruption. The panel found no reviewable error in the regulator’s determination, effectively rejecting WestJet’s attempt to overturn the compensation order.

Broader Implications for Airlines

The outcome could have wider consequences across Canada’s aviation sector. The CTA, a quasi-judicial tribunal, has seen several airlines challenge compensation orders since the introduction of federal air passenger protection regulations. Air Canada, which intervened in the Lareau case, has also pursued legal challenges over similar rulings.

What This Means for Travellers

Under existing CTA regulations, airlines must compensate passengers in certain circumstances involving delays or cancellations, unless the carrier can clearly establish the disruption was beyond its control. Monday’s decision strengthens the precedent that airlines must present substantial evidence when invoking exemptions.

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Supreme Court Orders Full Acquittal in Long-Running Case

In a unanimous ruling released Friday, the Supreme Court of Canada acquitted Tammy Marion Bouvette in the 2011 drowning death of 19-month-old Iyanna Teeple. The toddler was found unresponsive in a bathtub in Cranbrook, British Columbia, while under Bouvette’s care. The decision ends more than a decade of legal proceedings marred by prosecutorial disclosure failures and questions of fairness.

Original Conviction Traced to Withheld Evidence

Bouvette initially faced a second-degree murder charge but pleaded guilty to criminal negligence in a bid to avoid a longer sentence. However, an independent review and a 2023 B.C. Court of Appeal decision later revealed that key pathology evidence had not been shared with her defense—evidence that could have cast doubt on her culpability.

Public Spotlight and Journalistic Investigation

The case gained renewed attention after CBC’s The Fifth Estate published an investigation in 2020 uncovering a critical pathology report that undermined the Crown’s claims. Bouvette consistently maintained her innocence and said she accepted the plea deal out of fear of facing a harsher punishment if convicted at trial.

Legal Missteps Deemed a Miscarriage of Justice

The B.C. The Court of Appeal stayed the proceedings last year, citing the Crown’s failure to disclose significant evidence. Though the court did not initially grant a full acquittal, Bouvette appealed. The Supreme Court noted that retrying the case would be an “abuse of process,” especially as the Crown had conceded it would present no evidence at a new trial.

Crown and Victim’s Family Support Acquittal

In a rare convergence, both the Crown and the victim’s family supported Bouvette’s acquittal. The Court emphasized that continuing the case served no public interest, particularly given the absence of admissible evidence and the harm already endured by Bouvette, who completed her sentence years ago.

Closure After Years of Public Scrutiny

Following the verdict, Bouvette expressed relief, saying, “The truth is out… there’s closure now.” She hopes the ruling will allow her and her family to move forward after years of public judgment and personal hardship.
The Supreme Court’s decision marks a definitive end to a controversial case that raised significant concerns about prosecutorial conduct and the risks of rushed plea bargains. Legal experts say it could serve as a precedent in future appeals where disclosure failures impact the integrity of guilty pleas.

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Trial Collapses After Shocking Charter Breaches

An Ottawa judge has delivered a blistering rebuke of two city police officers whose deception and misconduct led to the collapse of a major firearms and drug case. In a decision released in May 2025, Ontario Court Justice Mitch Hoffman ruled that Constables Anthony Kiwan and Ali Sabeeh had violated a man’s constitutional rights in a manner so egregious that all evidence against him had to be excluded, leaving the Crown no choice but to withdraw more than two dozen charges.

Nighttime Arrest Sparks Judicial Backlash

The case stemmed from a March 2023 incident, when the officers spotted a man asleep in a running vehicle outside a fast food restaurant at a shopping plaza near Merivale and Baseline roads. Inside the car, they discovered a loaded prohibited Glock, over-capacity magazines, and significant amounts of illegal drugs. Videos on the man’s phone also showed him posing with multiple firearms and large amounts of cash. Despite the gravity of the findings, the court later ruled that the evidence was inadmissible due to how it was obtained.

Officers Fabricated Impaired Driving Probe

Justice Hoffman found that the officers knowingly staged a false impaired driving investigation as a pretext to search the vehicle, even after identifying the man and realizing he was not impaired. Rather than disclose the real reason for detaining him—a firearms investigation—they misled him and later lied under oath in court. Hoffman called the conduct “planned, audacious, contemptuous and abhorrent,” and described the breaches as “flagrant, shocking and brazen.”

Evidence Excluded, Charges Dropped

Because of these Charter violations, the court excluded all evidence recovered from the vehicle. This included the firearm, drugs, and phone content. The ruling effectively ended the prosecution, and the man was acquitted of all charges. Defence lawyer Mark Ertel praised the court’s courage, noting that such strong judicial condemnation of police deception is rare, particularly when firearms are involved.

Systemic Accountability Called Into Question

Ertel emphasized that there is no mechanism within the Ottawa Police Service (OPS) to monitor Charter breaches or follow up with offending officers. Union president Matthew Cox confirmed the absence of any internal system to track or respond to judicial findings of misconduct. He acknowledged that officers are often unaware of how their testimony holds up in court and supported the idea of establishing a liaison between police and the Crown to address such issues.

Reforms Urged, But Institutional Silence Prevails

Despite the gravity of the findings, the OPS has not responded to media inquiries regarding this or a similar case reported in January, where another officer was found to have lied under oath. While Cox supports improved training and oversight, he noted that many Charter breaches stem from inexperience rather than malicious intent. Nonetheless, advocates say a system to retrain or discipline officers is essential to maintaining public trust and safeguarding the integrity of Canada’s justice system.

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