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 seventy 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. Law & Style  2. À bon droit  3. Double Aspect  4. David Whelan  5. ABlawg

Law & Style
Meet the lawyer who became a reality-TV star

When Veronica Cham saw her family, she let out a childlike shriek of excitement — and it was all caught on camera and broadcast on the most recent season of MasterChef Canada. Moments before, one of the hosts had told Cham, a 36-year-old immigration lawyer at the Department of Justice and one of the final four contestants, to go into the kitchen for a surprise. There stood Cham’s mother, father and sister — all the way from Hong Kong and Vancouver. …

À bon droit
Par Expert: les honoraires taxables de l’expert incluent la préparation du rapport, la préparation du témoignage et la présence au procès

Nous avons discuté à quelques occasions – dans la cadre de la rubrique Par Expert – du fait que les honoraires taxables de l’expert sont ceux pour la préparation de son expertise, la préparation de son témoignage et sa présence à la Cour. C’est dans l’affaire Massinon c. Ghys (1998 CanLII 12845) que la Cour d’appel clarifiait le droit sur cette question. …

Double Aspect
The Public Confidence Fairy

Public confidence in the courts cannot be the foundation of judicial independence. Judicial independence is often justified, both in the decisions of the courts and in the broader public discourse, by the need to maintain public confidence in the administration of justice. It seems to me that this justification is not compelling. …

David Whelan
Why Your Deleted Content is Still in Google’s Search

The phone call was the third time in the last 6 months or so that I’d received the question: why was a document appearing as a Google search result when it had been deleted? The short answer is: because Google can still see it. The longer answer is: I have no idea, let’s take a look. Call 1: HTML page deleted. Let me clarify that these weren’t all co-workers. Sometimes I get calls from colleagues in other organizations who are flummoxed by something. …

Making Sense of Aboriginal and Racialized Sentencing

In R v Laboucane, 2016 ABCA 176 (CanLII), the Alberta Court of Appeal strongly criticizes the Ontario Court of Appeal’s decision in R v Kreko, 2016 ONCA 367 (CanLII), where the Ontario Court of Appeal allegedly approached the sentencing of Aboriginal offenders too leniently, and “almost” interpreted the Criminal Code as providing for automatic sentence reductions in all cases with Aboriginal offenders (Laboucane at para 67). …


*Randomness here is created by and its list randomizing function.

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