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Archive for ‘Law Student Week’

Incorporating Skills-Based Learning Throughout Law School

When we leave law school to become articling students and then junior associates, we will likely spend the majority of our time researching and writing memos. Knowing this, how is it possible that law students can leave school without a strong foundation in these skills?

All law students at UVic have at least some exposure to legal research and writing through taking Legal Research and Writing (LRW) in first year. However, this is our first introduction into legal research and writing. At this early stage in our education, it is difficult to fully appreciate and absorb all the material covered . . . [more]

Posted in: Education & Training: Law Schools, Law Student Week, Legal Information: Libraries & Research

A New Approach to Legal Research and Writing?

I have now taken the better part of two legal research and writing courses (though the term paper still looms) and on the whole I have found them to be a beneficial to my legal research both in other classes and in the workplace. However, if there is one thing that I find these courses a bit short on, it is direct feedback and a corresponding opportunity to put this feedback into practice, and observe and evaluate the end results.

While I was an undergraduate I had the opportunity to participate in a writing intensive class as both a student . . . [more]

Posted in: Education & Training: Law Schools, Law Student Week, Legal Information: Libraries & Research

Why We Should Keep the Doggie-Door Closed on Emotional Damages

Household pets are a cherished part of many families. Yet, in the words of Auxier J. in Pezzente v. McClain, 2005 BCPC 352 (CanLII), the law remains “coldly unemotional” towards companion animals, which continue to be considered “just another consumer product.” Nonetheless, there is good reason for continuing to restrict the compensation available in pet death or injury cases. A line of cases out of Ontario has begun to award more than just replacement value and incurred costs to owners of wrongfully injured or killed pets – and it may be setting a precarious precedent.

In Ferguson v. . . . [more]

Posted in: Case Comment, Education & Training: Law Schools, Law Student Week, Substantive Law: Judicial Decisions

Learning to Keep a Proper Research Record

The Importance of Keeping a Record

When I registered for ALRW I thought the most important improvement in my research skills would relate to finding and locating relevant legal materials. However, learning to keep a detailed record of my research has been the most valuable skill I’ve developed.

I kept a record in the past but I didn’t give too much importance to it and it tended to be recorded a bit haphazardly. I kept track of the relevant cases, statutes, and principles I came across but did not keep a detailed record of search terms I used or the . . . [more]

Posted in: Education & Training: Law Schools, Law Student Week, Legal Information: Information Management, Legal Information: Libraries & Research

Eluding Relief: Ministerial Discretion and the Impact of Recent Amendments to the Immigration and Refugee Protection Act

Recent amendments to the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”) (http://canlii.ca/t/52dg2) will make ministerial relief illusory for some foreign nationals deemed inadmissible to Canada on security grounds. The government created this problem in its response to the Supreme Court of Canada’s (“SCC”) ruling in Agraira v Canada, 2013 SCC 36 (“Agraira”) (http://canlii.ca/t/fz8c4). Agraira challenged the application of IRPA s 34(2) (http://canlii.ca/t/521ff) under which an inadmissible foreign national could apply to the Minister of Public Safety for an exemption if they could prove their presence was not contrary to the “national . . . [more]

Posted in: Education & Training: Law Schools, Law Student Week, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Should Advanced Legal Research and Writing Be Mandatory?

As I approach the last few weeks of my legal education I begin to ask myself: Am I ready? Am I a well-trained individual ready to take on any challenge thrown my way? Or at least a competent individual with the basic skills necessary to write my first “real” memo? I have spent the last seven years in university researching and writing multiple papers; is that enough?

Even in my third year I find myself turning to the student next to me, whispering, “Where would I find that?” or “How do I cite that?” As embarrassing as this is, I . . . [more]

Posted in: Education & Training: Law Schools, Law Student Week, Legal Information: Libraries & Research

The Role of ISPs in Canada’s New Copyright Regime

In 2012, the Copyright Modernization Act was enacted to make a number of significant changes to Canada’s existing copyright regime. One of the primary goals of this new legislation was to ensure that Canada did not open the floodgates to “copyright trolls” (copyright plaintiffs who file lawsuits simply to extort quick settlements) and devolve into the shocking state of copyright litigation south of the border. The federal government hopes to balance the rights of copyright holders with the privacy rights of the alleged copyright infringers. The Act now has a statutory limit of $5,000 on damages for all non-commercial copyright . . . [more]

Posted in: Case Comment, Education & Training: Law Schools, Law Student Week, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Law Blogs and Law Reviews: A Tale of Dialogue?

In October 2013, Adam Liptak—The New York Times’ Supreme Court correspondent—dismissed law reviews as repositories of irrelevant and un(der)-read legal scholarship that merely bolster the curriculum vitae of published authors and, presumably, the student editors.

Disagreement with Liptak’s bold assertion ran the gamut from the observation that students run law reviews for lack of an alternative to the rebuke that Liptak’s criticism overreached to taint law reviews with less problematic publication structures. Others focused on Liptak’s brief praise for legal blogging; Kevin O’Keefe celebrated the article for heralding law blogs as better sources of “valuable legal insight” . . . [more]

Posted in: Education & Training: Law Schools, Law Student Week, Legal Information: Publishing

Do Mental Health Act Detainees Have Charter Rights?

Upon arrest or detention, a police officer must advise a detainee of their s. 10 Charter right to retain and instruct counsel without delay. Does this right apply if a person is “apprehended” and taken involuntarily to a health facility for a psychiatric assessment? Presumably it does: if the individual is not free to leave the officer’s custody or refuse the examination, then their individual liberty is clearly suspended by a state authority. This is the very definition of a “detention” under the Charter: R v Grant. Yet, the case law implies that officers may be failing to advise . . . [more]

Posted in: Case Comment, Education & Training: Law Schools, Law Student Week, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Thoughts From UVic Law Students

For the past two years I’ve taught Advanced Legal Research and Writing to upper year law students, and I’ve just begun a third session.

This is a small seminar course and the students are primarily final-year students. My day-one poll of the students generally suggests some feel uncertainty about their legal research and writing skills as they prepare to enter the profession, and they take the course almost as “remedial legal research and writing,” to borrow the words of a colleague.

To meet stated student learning needs, we generally focus in depth on the skills of researching case . . . [more]

Posted in: Education & Training: Law Schools, Law Student Week, Legal Information: Libraries & Research

4 Out of 5 Lawyers Will Face a Malpractice Claim: Improve Your Odds

We’ve been happy to take part in Slaw’s Law Student Week. As a final post, here is a sobering fact: LAWPRO stats show that 4 out of 5 lawyers will face a malpractice claim during their careers. Fortunately, there are resources to help the new lawyer mitigate the risks and help LAWPRO (or other E&O insurer outside Ontario) effectively defend you should a claim arise.

. . . [more]
Posted in: Law Student Week

Does Solicitor-Client Privilege Truly Enhance Public Trust in Lawyers?

The first rule of the privilege is: you do not talk about the privilege. In this way, the legal profession seems quite reminiscent of ‘Fight Club.’ Rather than guarding a recreational fighting ring however, the legal profession chooses to concern itself with protecting the communications of clients and their lawyers. The purpose of this obligation placed on legal professionals is to ensure that clients feel they can actively trust their lawyer, and thus be as candid as possible – which subsequently allows their lawyer to best advise them. Does this obligation truly accomplish the goal, or does it in actuality . . . [more]

Posted in: Law Student Week