On one Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, SupremeAdvocacyLett@r, to which you may subscribe.

Appeals

Aboriginal Law: Harvesting Rights; Taking-Up Power
Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48
Ontario has the authority to take up lands in the Keewatin area so as to limit the harvesting rights set out in Treaty 3. By virtue of ss. 109, 92A, and 92(5) of the Constitution Act, 1867, Ontario alone has . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

Pénal : Le juge du procès devait indiquer au jury la distinction à faire entre les effets des troubles mentaux induits par la maladie de l’appelant, un alcoolique chronique, et ceux qui pouvaient découler de son intoxication extrême par l’alcool le jour du drame; la tenue d’un troisième procès sous . . . [more]

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Current and “wannabe” litigators practising (or hoping to practise) in the medical negligence area would do well to read, and consider, what happened, and why, in the just released Briante v. Vancouver Island Health Authority, 2014 BCSC 1511. Regardless of one’s position on the legal validity of the result, the result is a reminder (for those old enough to remember, or otherwise be aware of) of these statements and calls for reform (outside of the tort system) in cases such as Ferguson v Hamilton Civic Hospitals (1983), 40 OR (2d) 577, 1983 CanLII 1724 (ON SC) aff’d (1985) . . . [more]

In their recently published book Think Like a Freak, Freakonomics authors Steven Levitt and Stephen Dubner offer a simple set of rules to explain the role of incentives in many forms of financial and non-financial interactions.

1. Figure out what people really care about, not what they say they care about.
2. Incentivize them on the dimensions that are valuable to them but cheap for you to provide.
3. Pay attention to how people respond; if their response surprises you or frustrates you, learn from it and try something different.
4. Whenever possible, create incentives that switch the frame from adversarial to cooperative.

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In the words of songwriter Charles Dumont, “Non, je ne regrette rien!” I tend to think that lamentation makes an unlovely sound and is largely a waste of time and effort. Except that I caught myself today indulging in a regret. I heard a replay of Michael Enright interviewing Jesse Winchester, a singer who died in April. Now I really like Jesse Winchester’s songs and really, really liked his performance of them. My regret? That I never wrote to tell him how much pleasure his work gave me.

Would he have cared? I suspect so. In the interview he . . . [more]

Earlier this week I participated in a bilingual (French–English) conference. Of course, not all participants and presenters were bilingual, so simultaneous interpretation services were offered.

I’m always impressed with simultaneous interpretation. I think it’s a real feat to be able to listen in one language and process the information quickly enough to speak words of the same meaning in another language, while continuing to listen, continuing to process, and continuing to speak. I’m imagining reading a case while dictating a memo while running on a treadmill.

So simultaneous interpretation is wonderful and impressive. What also struck me, though, is that . . . [more]

The Slaw community will be very pleased to learn that our Founder Simon Fodden has been honoured as a co-recipient of this year’s CBA President’s Award, along with former MP, Irwin Cotler.

From the press release:

The award recognizes the significant contribution of Canadian jurists to the legal profession, the CBA, or the public life of Canada.

Simon Fodden founded Slaw.ca in 2005, a blog that is considered by many to be a foremost source of legal information and discussion in Canada.

“As we debated and analyzed the future of law, and in particular our CBA Legal Futures

. . . [more]

While the headline to this post shouldn’t be a surprise to anyone, it has made headlines. In a recent decision, the Court of Appeal of Ontario rejected claims that requiring potential Canadian citizens to swear an oath to Her Majesty was unconstitutional and reaffirmed that because Canada is a constitutional monarchy, it is acceptable to be required to verbally ascribe to what the Monarch represents. For those of us who are history geeks (me) and monarchists (also me), the decision is a fascinating read. It discusses our history, our Queen (she is the Queen of Canada) and . . . [more]

2 years in the making.

7 key findings.

22 recommended actions.

Those are the numbers behind the CBA’s Futures: Transforming the Delivery of Legal Services in Canada report, released today.

The initiative was established in 2012 to “examine the fundamental changes facing the Canadian legal profession and to help lawyers understand and respond to those changes.”

The 106-page report identifies seven key findings, the result of thousands of hours of work through commissioned research and extensive online and in-person consultations with “a broad cross-section of lawyers, clients, law students, and other legal stakeholders,” and in-depth interviews with selected innovators. . . . [more]

Usually, income tax table updates occur January 1 and July 1 of each year. However, because the Ontario budget was passed on July 24, 2014, the income tax table changes and resulting processes have been delayed to September 1, by the Canada Revenue Agency (CRA). So how do these changes impact employers’ withholding and remitting obligations?

People are always looking for a way to do business development in the summer that is fun and ensures ample time to get to know your client or potential client better. For decades that has been done on the golf course. It is often said that if you can spend 5 hours on the golf course together then you won’t mind working through the details of a transaction.

But not everyone likes golf and certainly not everyone is good at golf.

The sport of cycling has steadily been growing in popularity for the last number of years. Maybe it was . . . [more]