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Archive for the ‘Justice Issues’ Columns

More Problems With Conflict of Interest Legislation Revealed in Recent Alberta Controversy

In prior posts, I have highlighted problems with conflict of interest (or ethics) legislation regulating politicians in Canada. In particular I have commented on how legal privilege (for example cabinet confidence in the SNC Lavalin controversy) thwarts investigations. I have also highlighted the loophole in ethics rules (and their interpretation by some commissioners) that exempt political gain as an interest that may conflict with a member or Minister’s duty to serve the public interest.

A recent controversy in Alberta politics has exposed more loopholes in ethics rules. Part of that controversy was that Alberta Health Minister Shandro, who is . . . [more]

Posted in: Justice Issues, Legal Ethics

Having a Beer in the Driveway and the Rule of Law: Responding to COVID-19

The response to COVID-19 has many legal elements but it also raises ethical and philosophical issues. There is an age-old dispute in legal philosophy between “legal positivism” and “natural law”. In a nutshell (and with apologies to legal philosophers), positivism is the view that law is nothing more than the law on the books, i.e. the law that has been promulgated by duly authorized legislative authorities. In contrast, natural law espouses that law must contain some moral content, be it religious or some other higher principles (e.g. human rights). This was brought home to me by a sudden spat in . . . [more]

Posted in: Justice Issues

Recreating Canada

This pandemic is a stark reminder of how our economies and societies are interdependent, and how the well-being of humans, other living beings, and ecosystems, are deeply connected. Only a healthy planet can support healthy people. Once this situation passes, humanity will be called to reflect on its relationship with nature and redouble its commitment to safeguarding the natural world and rebuilding a healthy and equitable planet for all.

-Dr. Grethel Aguilar, Acting Director General, International Union for the Conservation of Nature

It is a time of intensity, of worry, of loss, of the sense that nothing may ever be . . . [more]

Posted in: Justice Issues

The Importance of Civil Justice Indicators

Law touches many aspects of daily life. We skim and (hastily) agree to user agreements in order to stream music and videos online, sign lease agreements for housing, hydro contracts for hot water and electricity, and employment contracts that outline terms and conditions for work. The everyday legal problems landscape is rife with disputes with employers and neighbors, arguments over money owed, contentious divorces, and many other civil justice problems. The recent economic and social pressures created by the COVID-19 crisis have certainly not improved things. Everyday legal problems carry legal ramifications and profound personal, financial and social consequences. Much . . . [more]

Posted in: Justice Issues

What Does COVID-19 Tell Us About Our Response to the Access to Justice Crisis?

As I am writing this, everything else has been knocked out of the news and our consciousness by the emergence of COVID-19 as a pandemic.

As we struggle to cope with COVID-19 we are facing hard questions – sometimes choices – as members of our own communities, as Canadians, and as world citizens.

  • How well does our existing infrastructure – health care, labour rights, social services – mitigate some of the impact of the virus?
  • Did our civic governments take enough notice of the earlier warning signs of the pandemic and respond in time?
  • Are we doing enough to protect
. . . [more]
Posted in: Justice Issues

It Kind of Works

You can’t really miss it: a huge square concrete wall full of graffiti. In the middle, a dignified sign in UN blue & white. Casa Justitia Cuidad Bolivar. This is not a chique neighbourhood. Small taxi’s, old trucks, and most people take the bus. There’s also the cable car to get to the higher parts of the barrio. The building is attached to the municipal offices. Local justice and administration, hand in hand. Around them, the small shops and café’s that form the livelihood of some and a critical service for others. This is down-town, everyday life.

Houses of Justice . . . [more]

Posted in: Justice Issues, Practice of Law

Building Momentum for Bail Reform – a Creative Design Challenge

A puzzling question: where on a Saturday morning might you find 35 creative professionals – designers, artists, writers, technologists, and more – donating their time and expertise to help generate support for bail reform in Ontario?

The answer: why, of course, you’ll find them squeezed into a conference room at the Law Society of Ontario!

On Saturday February 1st, a diverse group of creatives – armed with coffee, muffins, flipcharts, sticky notes, and sharpies – excitedly dove into a 6-hour design sprint to find new ways to create enthusiasm for bail reform.

 

 

The Law & Design CoLab’s fourth . . . [more]

Posted in: Justice Issues

Harry LaForme on Failure to Appoint Indigenous Judges

In a recent Law Society continuing education program on Indigenous Law Issues 2019, former Justice Harry LaForme offered a critique on the failure to appoint indigenous persons to the bench. In so doing, he made pointed comments regarding J0dy Wilson Raybould, Beverly McLachlin and Kim Campbell, three key influencers in making such appointments. He described the performance of Wilson Raybould as “sad”, and the reported statements of McLachlin and Campbell as “patronizing” or worse.

(LaForme’s remarks may be reviewed in full on the unique service provided by the Law Society which provides web access to continuing education programs offered . . . [more]

Posted in: Justice Issues

Colonialism Is Alive and Well in Canada

When I hear about the arrest of peaceful land protectors, I think about all the times I’ve heard that colonialism happened “a long time ago.” This is 2019. It never ended. When I see colonial violence in action I grieve not only for those brave people who stand peacefully as they are overwhelmed on their own lands, but also for future generations who will be forced to pay for our hubris.

-Hayalthkin’geme (Carey Newman), OBC, MSM, Audain Professor of Contemporary Art Practice of the Pacific Northwest at the University of Victoria

The ongoing “colonial violence” that Hayalthkin’geme speaks to is . . . [more]

Posted in: Justice Issues

Building Paths to Justice in Rural Wellington County: Learnings From the WellCoMs Mobile Van Pilot Project

In order to create pathways to justice it is often necessary to discover and follow the paths along which people already walk. This is what the WellCoMs Mobile Legal Services Van has done with great success in rural Wellington County by connecting with the normal patterns of communication and with the other ways people obtain help with everyday problems. This pilot project, which operated between May and October 2019, was developed by the Legal Clinic of Guelph and Wellington County and funded by the Law Foundation of Ontario. Wellington County covers an area of 2,657 square kilometers mostly north . . . [more]

Posted in: Justice Issues

The Value of the National Self-Represented Litigants Project

I recently announced my intention to step aside as the Director of the NSRLP at the end of 2020. The primary reason is my health (I have cancer). I intend to spend the next year fundraising, to ensure the longevity and stability of the NSRLP as a permanent not-for-profit organization. This blog reflects our thinking about the core work of the NSRLP as we embark on an effort to secure its future – Julie Macfarlane

Why does there need to be a permanent national organization interacting directly with both the public and justice system professionals?

The only way the justice . . . [more]

Posted in: Justice Issues

Automated Decision-Making and the Civil and Administrative Justice System

The impact of Automated Decision-Making in the Civil and Administrative Justice System requires deliberate and considerate policy and legal guidance.

On December 10th the Law Commission of Ontario (LCO) brought together lawyers, developers, policymakers, academics and community advocates for an informal and collaborative discussion of the issues and implications of artificial intelligence (AI) and automated decision-making (ADM) in Ontario’s civil and administrative justice system.

These issues are important because of the examples of AI being used in civil and administrative government decision-making in the U.S. and Europe. AI technologies are being deployed in the areas of government benefits, public . . . [more]

Posted in: Justice Issues