Canada’s online legal magazine.

The Intersection of Family Law and Psychology: Exciting New Course Coming to Vancouver

The Continuing Legal Education Society of British Columbia has just published the details of a new continuing professional development program scheduled for 11 and 12 April 2019 in Vancouver. “A Deeper Dive: The Intersection of Family Law and Psychology 2019” features a multidisciplinary faculty and is open to both legal and mental health professionals throughout Canada.

Topics to be discussed include high conflict family law law disputes, the neurobiological effect of conflict on children’s development, parent-child attachment issues, developing parenting plans and new research on children’s experience of separation and wish to be involved in decision-making after separation. . . . [more]

Posted in: Education & Training: Law Schools, Legal Information

Friday Roundup: Slaw Jobs

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: Friday Jobs Roundup

Oil’s Well Does End Well for Alberta Environmental Regulator

In August 2017, I reported that the SCC would hear an appeal from the Court of Appeal for Alberta (Orphan Well Association v Grant Thornton Limited, 2017 ABCA 124). The case related to the jurisdiction of a regulatory body, not in terms of its governing statute, but in terms of a classical constitutional law question and division of powers. The conflict – or apparent conflict – was between a provincial regulator’s authority on environmental matters and the federal government’s jurisdiction over bankruptcy.

This case involved Redwater, a bankrupt oil and gas company that owned over one hundred . . . [more]

Posted in: Administrative Law

Thursday Thinkpiece: Impaired Driving and Other Criminal Code Driving Offences–A Practitioner’s Handbook

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Impaired Driving and Other Criminal Code Driving Offences

Author: Karen Jokinen and Peter Keen
Foreword: The Honorable Joseph Di Luca, Superior Court of Justice
General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

ISBN: 978-1-77255-292-8
Publisher: Emond Publishing
Page Count: 467
Publication Date: November, 2018

Regular Price: $115
Series Subscription Price: $100 . . . [more]

Posted in: Thursday Thinkpiece

No Going Back, So Why Aren’t We Moving Forward?

When Dorothy realized she wasn’t in Kansas anymore, she stopped acting as if she were. As far as she knew, there was no going back.

In 2012, the American Bar Association amended its Model Rules of Professional Conduct to confirm that a lawyer’s duty of competence includes awareness of “benefits and risks and associated with relevant technology” to legal practice. 35 states (including Kansas!) have since adopted the requirement into their own rules of professional conduct. Meanwhile, in Canada, our law societies aren’t moving with any sense of urgency. Consultations on the question began in 2017, but don’t expect guidance . . . [more]

Posted in: Practice of Law

Book Review: The Unfulfilled Promise of Press Freedom in Canada

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Reviewed by Paul F. McKenna
Adjunct, School of Graduate Studies
Dalhousie University
In CLLR 43:2

The Unfulfilled Promise of Press Freedom in Canada. Edited by Lisa Taylor & Cara-Marie O’Hagan. Toronto: University of Toronto Press, 2017. ix, 277 p. Includes bibliography and index. ISBN: 978-1-4875-0037-5 (paper cover) $29.95.

This collection of . . . [more]

Posted in: Book Reviews

A Three-Step Strategy for Getting Heard

Have you ever noticed how hard it can be to get people to listen?

Have you ever had a challenge getting your point across, even when it was about something of critical import?

In conversations with lawyers in private practice and in-house counsel I frequently hear about the difficulties they run into advising clients and colleagues on alternative courses of action, or risk prevention measures to take.

It is so easy for important advice to be discounted because the lawyer is seen as not getting the big vision, or being too risk averse, or creating unnecessary roadblocks.

Next . . . [more]

Posted in: Practice of Law

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, 2019 ABCA 49

[30] Addressing the “standard of proof” is not therefore a stand-alone test for whether summary judgment is possible or appropriate. Proving the factual basis of the application on a balance of probabilities is not in itself sufficient for summary adjudication, but merely one of the steps in determining if there . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Alleged Blackmail of Jeff Bezos: Did Legal Counsel for the National Enquirer Breach His Professional Duties?

It is alleged that the National Enquirer blackmailed Jeff Bezos by threatening to publish humiliating photographs and messages. In exchange for not publishing the information, the National Enquirer wanted Bezos to stop his criticism of the paper.

To manage the situation, Bezos wrote an article titled “No Thank You, Mr. Pecker”. In the article, Bezos exposed multiple emails directed at him from the National Enquirer (American Media, LLC). One of the emails included an email message from American Media, LLC’s legal counsel, as seen below.

From: Fine, Jon [jfine@amilink.com] (Deputy General Counsel, AMI)
Sent: Wednesday, February

. . . [more]
Posted in: Practice of Law

PMO, Minister of Justice and Attorney General; AG and SNC-Lavalin: The Possibilities

We don’t know yet what really the reality of the allegations that the PMO “pressured” (whatever that means) the former Minister of Justice and Attorney General to (in turn) tell the Director of Public Prosecutions to let SNC-Lavalin to enter into a “deferred prosecution agreement” rather than go to trial on charges of bribing officials (and engaging in fraud and corruption) in Libya is. There are a number of possibilities, ranging from “business as usual” to improper political interference that amounts to a breach of the rule of law. Let’s unpack at least some of those possibilities, relating them to . . . [more]

Posted in: Justice Issues

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

Good Counsel (Plus Thanks and a Request)
Neil Guthrie

Counsel is an ancient term for one’s legal advisers as a body (The accused did not have the benefit of counsel when he was interrogated) or for a single legal adviser (Maria acted as counsel to the federal government, for which she was made Queen’s Counsel). A judge will address a Canadian barrister as Counsel (if not . . . [more]

Posted in: Tips Tuesday

We Should Start Making a Business Case for Legal Aid in Canada

In countries that were early adopters of legal aid governments became major funders of legal services. This remains the case in many countries today. Funding programs that facilitate access to legal services for low-income populations was established in these years as a responsibility of the government. In nations in which the state does not accept access to justice as a government responsibility or simply cannot afford to do so, organizations with global reach, among other groups and bodies, have often stepped in to support initiatives that promote access to legal help, information, empowerment and other forms of dispute resolution. Whether . . . [more]

Posted in: Justice Issues