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« La 33e édition du Traité général de preuve et de procédure pénales 2026 comporte plusieurs modifications ainsi que de nombreux ajouts afin d’actualiser l’exposé du droit de la preuve et de la procédure pénale. Encore une fois cette année, notre objectif d’offrir aux intervenants du système judiciaire ainsi qu’aux universitaires un vaste regard sur le droit applicable en matière de preuve et procédure pénales est atteint. En plus d’offrir une substantielle mise à jour législative et jurisprudentielle, le Traité propose cette année une profonde refonte de la section portant sur le droit d’être jugé dans un délai raisonnable prévu à l’alinéa 11b) de la Charte canadienne des droits et libertés. Le Traité incorpore également les enseignements émanant des nombreux arrêts rendus par la Cour suprême du Canada en droit criminel au cours de la dernière année, notamment en ce qui concerne la preuve relative aux infractions d’ordre sexuel, le droit d’être jugé dans un délai raisonnable, l’aptitude à subir un procès, la détermination de la peine, la constitutionnalité de peines minimales, la preuve du résultat d’analyses d’échantillons d’haleine et les directives au jury. Les douze derniers mois ayant été particulièrement chargés, la Cour suprême du Canada s’est également prononcée concernant les pouvoirs d’arrestation sans mandat d’un agent de la paix, la preuve d’antécédents judiciaires, une exception au secret professionnel de l’avocat et, enfin, la manière d’apprécier la preuve testimoniale pour conclure à l’innocence ou à la culpabilité. Par souci d’efficience et de cohérence, le Traité ne s’attarde qu’aux arrêts de la Cour suprême du Canada et des cours d’appel provinciales. Afin d’assurer le travail d’édition, la date de tombée est le 31 mai de chaque année, tant pour la jurisprudence que la législation. Cette année, nous avons exceptionnellement intégré l’arrêt de la Cour suprême rendu le 5 juin 2026. Concernant la jurisprudence issue des cours d’appel provinciales, la date de tombée a légèrement été devancée afin d’assurer la publication pour la rentrée judiciaire. À l’instar des éditions antérieures, nous tenons à rappeler que bien que le Traité propose un vaste aperçu du droit en vigueur pour susciter la réflexion et inviter le lecteur à effectuer une recherche approfondie au besoin, il ne saurait apporter à lui seul une réponse exhaustive dans tous les contextes. »-- Site de l'éditeur

Section 718.2(e) of the Criminal Code directs sentencing judges to exercise restraint in the use of incarceration ‘with particular attention to the circumstances of Aboriginal offenders.’ In R v Gladue, the Supreme Court of Canada interpreted this as a remedial provision aiming to reduce the incarceration of Indigenous people. That has made it appear to be a failure by its own lights. Yet to write off section 718.2(e) and the Gladue principles would be to fail properly to understand their moral foundations and structure. Judges are called upon to reduce the incarceration of Indigenous people neither by working backwards from prison demographic targets nor merely by combating implicit bias. Rather, Gladue requires judges to open their minds to hitherto unappreciated reasons that many Indigenous offenders should be afforded mitigation, restorative justice, and community-based accountability. One reason, we argue, relates to the unfair criminogenic disadvantages disproportionately faced by Indigenous offenders. Another reason is that the Canadian state’s complicity in such disadvantages calls into question its legitimate authority and its standing to blame Indigenous offenders. In sum, Gladue calls upon our courts to widen the horizon of fairness in their treatment of Indigenous people. This matters for its own sake in each and every case, whether or not it brings about an appreciable reduction in Indigenous incarceration in the aggregate. Our reconstruction of Gladue not only rescues it from cynical dismissals but also helps to solve the central doctrinal puzzles surrounding it: how Indigenous offenders’ unique life circumstances must be connected to their offences to be mitigating; how Gladue principles should apply differently to more and less serious offences; how a variant of Gladue principles should be extended to members of other disadvantaged groups such as Black Canadians; and how judges should weigh the interests of Indigenous victims when sentencing Indigenous offenders.

"Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler-colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, though bail, specialized courts, policing, sentencing, incarceration, and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice"-- Provided by publisher.

"Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law -- instead, the chapters explore the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume "will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing."-- Provided by publisher.

Aboriginal representation in Canadian correctional institutions has increased rapidly over the past decade. We calculated “years of life lost to incarceration” for Aboriginal and non-Aboriginal Canadians.

"Implementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws and Canada's constitutional narratives. Two significant statements by the current Liberal government (the May 2016 address by Indigenous Affairs Minister Carolyn Bennett to the Permanent Forum on Indigenous Issues at the United Nations and the September 2017 address to the United Nations by Prime Minister Justin Trudeau) have endorsed UNDRIP and committed Canada to implementing it as 'a way forward' on the path to genuine nation-to-nation relationships with Indigenous peoples. In response, these essays engage with the legal, historical, political and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses"-- Provided by the publisher.

"In Algonquian folklore, the wetiko is a cannibal monster or spirit that possesses a person, rendering them monstrous. In The Wetiko Legal Principles, Hadley Friedland explores how the concept of a wetiko can be used to address the unspeakable happenings that endanger the lives of many Indigenous children. Friedland critically analyses Cree and Anishinabek stories and oral histories alongside current academic and legal literature to find solutions to the frightening rates of intimate violence and child victimization in Indigenous communities. She applies common-law legal analysis to these Indigenous stories and creates a framework for analysing stories in terms of the legal principles that they contain. The author reveals similarities in thinking and theorizing around the dynamics of wetikos and offenders in cases of child sexual victimization. Friedland's respectful, strength-based, trauma-informed approach builds on the work of John Borrows and is the first to argue for a legal category derived from Indigenous legal traditions. The Wetiko Legal Principles provides much needed direction for effectively applying Indigenous legal principles to contemporary social issues."--Provided by publisher.

"This book is meant to be a clear and authoritative statement of the law with respect to the Gladue analysis for the sentencing of Indigenous offenders. We describe the book as both a "bench book" and an "implementation guide", with the specific objective of setting out all the relevant law in one place to make it easier to apply in practice. In spite of the fact that the Gladue decision was released some 20 years ago, appellate courts still end up reviewing many lower court decisions for failure to properly apply section 718.2(e) and many issues with its implementation are still evolving, such as the role played by Indigenous peoples' "traditional conceptions of justice" and the amount of detail required of Gladue reports. Overall, it is our hope that this book will lead to courts better applying section 718.2(e), which should lead to less court time spent on appealing those lower court decisions and ultimately fairer sentences that are determined more efficiently."-- Provided by publisher.

"The objective of this book is to provide commentary from leading practitioners and thought-leaders on timely and important issues in the area of Aboriginal law in Canada"--Preface, page iii.

"Canada's Indigenous Constitution reflects on the nature and sources of law in Canada, beginning with the conviction that the Canadian legal system has helped to engender the high level of wealth and security enjoyed by people across the country. However, longstanding disputes about the origins, legitimacy, and applicability of certain aspects of the legal system have led John Borrows to argue that Canada's constitution is incomplete without a broader acceptance of Indigenous legal traditions., With characteristic richness and eloquence, John Borrows explores legal traditions, the role of governments and courts, and the prospect of a multi-juridical legal culture, all with a view to understanding and improving legal processes in Canada. He discusses the place of individuals, families, and communities in recovering and extending the role of Indigenous law within both Indigenous communities and Canadian society more broadly."--pub. desc.

In this article, practices of Canadian electoral management bodies at federal provincial and territorial levels are examined, especially those methods designed to assist electors with disabilities with voting. Different models of disability co-exist within and around electoral rules, procedures, practices and overall systems. Electoral arrangements in Canada incorporate three distinct models of disability: an individualistic-biomedical approach to disability, a functional model of disability, and a social model of disability. These models have distinctive implications for addressing barriers and making access and inclusion real for voters with disabilities. Electoral reforms address different broad categories of impairments: electors with permanent disabilities, serious illness or infirmity; electors with physical mobility issues; electors with hearing challenges; electors with visual impairments; and, electors with any significant disability, whether chronic or episodic in nature, visible or invisible in appearance. Changes to election processes are shifting the mix of disability models embedded in electoral systems, away from individual and medical conceptions and toward functional and contextual notions of disability.

This document is a final report and list of recommendations following a six-month review of the problem of "non-compliance" with rules and standards set out for election officers to follow in federal elections. Elections Canada commissioned an independent electoral management consultant to lead the review and to author this report. This report is delivered to the Chief Electoral Officer of Canada to fulfil the commission mandate. Its contents and recommendations are expected to be given due consideration from senior management at Elections Canada as they set priorities and develop plans to prepare for the 42nd general election, scheduled for October 19, 2015, and for the elections that follow.