author archive



What Part of "No" Don't You Understand, O Gracious Crown?

by Michael Posluns

May 22nd, 2012

In the thesis I’m in the midst of writing, about burdens of proof in litigation between First Nations and the Crown pursuant to s.35(1) of the Constitution Act, 1982,… [more] I

Too Easy Rests the Crown

by Michael Posluns

April 5th, 2012

I have been thinking lately that there is a certain similarity between how I observed the Crown operating in the lower courts in the 1970s and how I have observed… [more]

First Nations Leaders and Harper Ministers Meet: Prospects for a Policy of "No-Policy"

by Michael Posluns

March 9th, 2012

Tuesday January 24, 2012, First Nations chiefs from across Canada met with the Prime Minister and an array of his cabinet ministers. Was there an expectation of material results? The… [more]

Specific Claims: The Alice in Wonderland Dimension of the Canadian Judicial System, Part 2

by Michael Posluns

January 25th, 2012

In the Specific Claims Branch process, of course, the Crown is obliged to disclose nothing whereas the claimant has to disclose virtually its whole case.
Mr. Justice Harry Slade,
of… [more]

Dunkin’ the Victim: a Note on Legal-Political Background of the Current Attawapiskat Campaign

by Michael Posluns

December 2nd, 2011

I quite agree that with the Montreal Gazette comment that the blame game is not going to help Attawapiskat. What I want to do in this short note is to… [more]

Aboriginal Land Claims: The Alice in Wonderland Dimension of the Canadian Judicial System

by Michael Posluns

October 27th, 2011

When I first began working with First Nations political organizations, a childhood friend who had become a rising star in the Ottawa public service told me, “Indian Affairs (DIAND) is… [more]

The Illegitimacy of Illegitimacy:  Bastards, a Group Most Subject to Civil Disabilities

by Michael Posluns

September 8th, 2011

Canada – either the Government or the Parliament of the day – has issued public apologies for its treatment of various groups, primarily ethnic communities for the mistreatment they endured… [more]

The Unreasonable and Transgressive Nature of Omnibus Bills

by Michael Posluns

June 24th, 2011

What I plan to do in these periodical contributions to Slaw… [more] is to examine debates and committee proceedings on bills that may be of special interest to lawyers and legal

SlawTips      

SlawTips Cash Flow Reports – Part 2
Thursday, May 24

This is the second in a series of ten tips dealing with cash flow reports and cash flow management. Gregory Nunn once said: “Never underestimate the value of cold cash.”… »»

Practice

SlawTips United Nations Documents
Wednesday, May 23

Today’s Tip: Monitor UN documents with RSS Since I last looked, the United Nations Documents site has a new look and feel. For what the site is trying to deliver, … »»

Research

SlawTips Updated Version of Great Social Media Guide for Lawyers Released
Wednesday, May 23

Last spring, Meritas’ Leadership Institute released a Social Media Guide for Lawyers. This helpful resource provided lawyers with an overview of the three main social media tools — LinkedIn, Faceb. […] »»

Technology

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.
  • Harkat, Re 2012 FCA 122

    Aliens - Exclusion and expulsion - Power to detain and deport - Minister’s certificate - Review - Evidence

    In 2002, Harkat was detained pursuant to a ministerial security certificate issued under the Immigration and Refugee Protection Act (IRPA) as a person inadmissible to Canada on grounds ...

  • Girouard v. Druet 2012 NBCA 40

    Contracts - Formation of contract - Signing - Electronic signature

    The plaintiff expressed an interest in purchasing the defendant’s (vendor’s) condo. The parties agreed to carry on their discussions through e-mail. Following an exchange of e-mails, the plaintiff claimed that the defendant was contractually bound to ...

  • Donell et al. v. GJB Enterprises Inc. et al. 2012 BCCA 135

    Barristers and Solicitors - Relationship with client - Confidential communications - General

    The petitioner was a Receiver appointed in March 2009 by a California court over the assets of GJB Enterprises Inc. (a “Ponzi scheme”) and its principals, the Berkes (the GJB parties). The court ordered ...

  • Dish Network L.L.C. et al. v. Rex et al. 2012 BCCA 161

    Practice - Costs - Funding before judgment - When interim or advance costs available

    The plaintiffs were “direct to home” satellite based subscription program providers. Rex and other defendants offered “grey market” services to Canadian residents to facilitate the unauthorized reception in Canada of the plaintiffs’ ...

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.