Canada’s online legal magazine.

Friday Jobs Roundup

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:

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

Building Bridges Between Private Bar Services and Community Legal Clinics

Community legal clinics have always had strong linkages with the communities they serve and have developed connections with community organizations. They have done this by working with community service agencies and voluntary organizations through different forms of outreach to identify people with legal problems who would probably not otherwise request assistance and by using holistic and integrated approaches to service delivery that identify people experiencing multiple problems and sometimes complex problem clusters. Compared with contacts with community organizations, connections with the private bar have not been prominent aspects of outreach. Community legal clinics can increase the market for private sector . . . [more]

Posted in: Justice Issues

Thursday Thinkpiece: Ontario Civil Justice Reform in the Wake of COVID-19–Inspired or Institutionalized?

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.

Ontario Civil Justice Reform in the Wake of COVID-19: Inspired or Institutionalized?
Forthcoming in the Osgoode Hall Law Journal

Suzanne Chiodo is an Assistant Professor at Western Law and is currently completing her doctorate in class actions and group litigation at the University of Oxford.

Excerpt: Beyong Tinkering–Online Courts & Conclusion–Looking to . . . [more]

Posted in: Thursday Thinkpiece

Is Former SCC Chief Justice McLachlin’s Action Committee and Leadership of the A2J Agencies Avoiding the Major Issues? [Part 1 of 2 Parts]

[The content of this article is closely related to four of my previous posts on Slaw, dated: July 25, 2019; April 9, 2020; May 29, 2020; and, August 6, 2020. See also the full text on the SSRN.]

The recent decision of the Supreme Court of Canada in, R. v. Thanabalasingham 2020 SCC 18 (July 17, 2020; by a full Court of 9 Justices), demonstrates why the access to justice problem exists, i.e. the A2J problem of unaffordable legal services for middle- and lower-income people (they being the majority of society), is caused by . . . [more]

Posted in: Justice Issues, Practice of Law

Book Review: A Reconciliation Without Recollection? an Investigation of the Foundations of Aboriginal Law 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.

A Reconciliation without Recollection? An Investigation of the Foundations of Aboriginal Law in Canada. By Joshua Ben David Nichols. Toronto: University of Toronto Press, 2020. xxx, 376 p. Includes bibliography and index. ISBN 978-1-4875-2187-5 (paper) $49.95; ISBN 978-1-4875-0225- 6 (cloth) $125.00; ISBN 978-1-4875-1498-3 (ePub) $49.95; ISBN 978-1-4875-1497-6 (PDF) $49.95.

Reviewed by . . . [more]

Posted in: Book Reviews

Creating Online Parks and What Courts Can Learn From Them

“The public park is only one of many institutions that was created to enact America’s egalitarian values. At the turn of the 20th century, public libraries opened nationwide to help foster literacy. In the 1910s, a few communities in the Midwest embraced the radical notion of free, universal secondary education: high school.”- Eli Pariser (“To Mend a Broken Internet, Create Online Parks“).

In the article by Wired Magazine, “To Mend a Broken Internet, Create Online Parks“, the author Eli Pariser explains that “Now, accelerated by the pandemic, we spend much of our time living and conversing . . . [more]

Posted in: Technology

My A2J Nightmare

After a lot of pondering, I have decided to share my personal experiences of trying to get access to justice – including, at one point, finding myself confronted with the nightmare of being a self-represented litigant – with Slaw readers.

My experiences are no worse than thousands and thousands of others of course, but I hope that hearing this from a system “insider” (law professor, mediator, scholar, and researcher) will have some impact. This blog is organized around three themes in my own A2J journey (in Canada and England, but with almost identical conditions and legal rules) that I believe . . . [more]

Posted in: Justice Issues

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. Fraser v. Canada (Attorney General), 2020 SCC 28 (CanLII)

[1] In 1970, the Royal Commission on the Status of Women in Canada set out a galvanic blueprint for redressing the legal, economic, social and political barriers to full and fair participation faced by Canadian women for generations. Many of the inequities it identified have been spectacularly reversed, and the result has . . . [more]

Posted in: Wednesday: What's Hot on CanLII

States of Emergency: The Inequity of Municipal Governance During the Pandemic

Since the onset of the pandemic in March of this year, municipalities across the country have instituted policies and by-laws that have had a serious impact on residents, often not following regular processes. The University of Windsor Faculty of Law Centre for Cities has recently released its report about municipal states of emergency, States of Emergency (“the Report”), co-authored by Dr. Anneke Smit (Director, Centre for Cities) and students Hana Syed, Aucha Stewart, Terra Duchene, and Michael Fazzari, which analyses the response of municipalities across Canada in the early days of the pandemic and proposes a way forward, not only . . . [more]

Posted in: Book Reviews, Reading: Recommended, Substantive Law

Judicial Analytics: Facing Uncomfortable Truths

For as long as there have been judges, people have tried to predict judges’ decisions. In so doing, they have always understood that judges are human beings. They are not calculators from an assembly line, each of which will display the same result if one punches in the same inputs. Thus, at any watering hole where litigators gather, it will be overheard that “Justice Smith comes down hard on drug offenders,” or “If your client has soft-tissue injuries, you had better hope that you don’t draw Justice Jones for the trial.”

In France, it would seem that such conversations are . . . [more]

Posted in: Legal Ethics

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

Don’t confuse e.g. and i.e.
Neil Guthrie

Many people do, like the drafters of a contract at issue in an Indiana case brought to our attention by Ross Guberman in a LinkedIn post. The contract made one party responsible for ‘the periodic repair of damages to said Easement area caused by vehicular traffic (i.e. potholes)’. … . . . [more]

Posted in: Tips Tuesday

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Canadian Privacy Law Blog OK 2. Library Boy 3. Lash Condo Law 4. Canadian Class Actions Monitor 5. FamilyLLB

Canadian Privacy Law Blog OK
Presentation: Little Brother – Surveillance Technology and Privacy Law

I had the pleasure of speaking at the University of New Brunswick Law School’s

. . . [more]
Posted in: Monday’s Mix