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Archive for the ‘Justice Issues’ Columns

Citizens Justice Emerging

Two weeks ago a new initiative was launched: the Wildlife Justice Commission. It’s a private initiative (with which I mean non-state) that seeks to disrupt criminal networks engaged in wildlife crime. It does so by gathering evidence, having that validated by experts, and bringing the validated evidence to the attention of national law enforcement authorities for action, if need be with a pinch of targeted pressure. In short: it does what looks a lot like law enforcement.

This fits into a wider trend I see: the emergence of citizens’ criminal justice. Let me share a few more examples.

First, . . . [more]

Posted in: Justice Issues

I Believe the Law Students Are Our Future

This past spring, I designed and taught an upper-­year course at the Allard (i.e. UBC) School of Law called “Access to Justice and the Modern Litigant.” For three hours each Thursday afternoon, my students and I discussed the deepening crisis in access to justice for working and middle-­class Canadians. We explored the philosophical foundations of the common law, traced the evolution of the concept of equal access to justice, and considered different sociological analyses of how ordinary Canadians interact with the civil justice systems built to serve them. We also reviewed the history of public legal services in Canada, and . . . [more]

Posted in: Justice Issues

Introducing the Access to Justice Research Network!

Access to justice issues have frequented academic, legal, political and mainstream debates for many years (with Slawyers often initiating or driving the dialogue happening in the Canadian blogosphere!). Yet, until now, there has been no identifiable, central platform in Canada where a wide range of justice stakeholders can exchange research and resources, raise questions and share ideas and concerns about access to justice issues. As fellow blogger Karen Dyck notes there is “… innovation in access to justice happening everywhere…[but there is] little evidence of either coordination or collaboration toward what seems to be a common goal.”

In response to . . . [more]

Posted in: Justice Issues

Halt and Catch Fire (HCF)

“An early computer command that sent the machine into a race condition, forcing all instructions to compete for superiority at once. Control of the computer could not be regained.”

Those words appear on the screen of the opening scene of the first episode of the AMC program “Halt and Catch Fire”, a fantastic show set in the early days of the personal computing revolution. Wikipedia offers further insight into the truth or fiction of the actual HCF concept, but my purpose in introducing the term is to use it as a framework to comment on the efforts of . . . [more]

Posted in: Justice Issues

Why Special Rules for Wind Projects on Endangered Species?

Ontario has an elaborate system that allegedly protects endangered species. Under the Endangered Species Act (ESA), endangered, threatened or extirpated species and their habitats cannot be harmed or destroyed, except by permit or if authorized under the regulations.

Leaving aside the massive exemption regulations for industry and agriculture that are presently under attack in the courts, endangered species and their habitats are supposed to be harmed only with the personal permission of the Minister of Natural Resources (MNR). Most regulatory permits in Ontario are issued by civil servants; requiring that endangered species permits be issued by the Minister personally underscores . . . [more]

Posted in: Justice Issues

Transgender Rights in Canada: Another Letdown Looms

In Canada, in fact all around the world, transgender individuals face some of the highest risks of human rights violations of any sector of society. By any measure, the levels of violence, discrimination and other abuses they face are shockingly high.

It is a grave human rights problem in need of attention. More needs to be done to assure and uphold the equality rights of transgender individuals, and protect them from discrimination. More also needs to be done to keep them safe from hateful acts of violence.

For ten years there have been efforts in Parliament to do just that; . . . [more]

Posted in: Justice Issues

The Power of Invoking

I just came back from Uganda and Kenya, two countries fighting two wars: one with the odds against ‘getting to Denmark’ (to borrow a Fukuyama phrase), and the other with terrorism. I left Uganda as prosecutor Joan Kagezi, who was leading the prosecution of suspected Al Shabab terrorists, was shot dead. The murder was claimed by Al Shabab. I left Kenya at the end of the day that saw the murder of almost 150 students at the Garissa University by that same Al Shabab. On the one hand both states are dealing with a very acute and direct threat against . . . [more]

Posted in: Justice Issues, Practice of Law

Everyday Legal Problems and the Cost of Justice in Canada

Last month, as part of a five-year SSHRC funded research project exploring the costs of justice, the Canadian Forum on Civil Justice released the first data from its national legal problems survey, “Everyday Legal Problems and the Cost of Justice in Canada”. Completed in 2014 with over 3000 respondents, the survey finds that everyday legal problems are ubiquitous in the lives of adult Canadians. Over any given three-year period almost 50% of adult Canadians will experience at least one legal problem that they find series and difficult to resolve.

What Are Everyday Legal Problems?

Everyday legal problems are the . . . [more]

Posted in: Justice Issues

Will Canada Be Prepared for Drought in a Changing Climate?

Have you noticed the growing reports about drought? Cities like Sao Paolo, Atlanta and Austin are nearly out of water. Utah may be entering a 1000 year drought. Australia is struggling. California has only one year of water left in its reservoirs. And so on around the world.

An Op Ed by NASA Jet Propulsion Laboratory senior water cycle scientist Jay Famiglietti calls for immediate water rationing, groundwater management legislation, long-term water management strategies, and public ownership of the issue. He emphasizes the need for an honest, transparent and forward-looking process, concluding: “Most important, we must make sure that there . . . [more]

Posted in: Justice Issues

Rethinking Success in a Modern Legal Career

In the summer of 1998 I was a freshly called lawyer working in the regulatory policy shop of a national phone company. As we gathered in the boardroom to celebrate a colleague’s 25th anniversary, I leaned over and whispered to a co-worker “wow, I’m not sure I’ve even been toilet trained for 25 years.” To that point, five and a half years delivering the local newspaper to my own house was the longest I had ever done a single job. A personal longevity record that stands unbroken today.

Point of fact, I eventually did spend over 10 years with . . . [more]

Posted in: Justice Issues

Putting a Price on Innocence

Having been a criminal defence lawyer for over fifteen years, there’s no better professional feeling than the teary-eyed embrace of a client after hearing a “not guilty” verdict. As wonderful as it is to bask in the glow of a job well done, feelings of elation tend to fade quickly followed closely by some variant of the question, “now who is going to pay for the hell I just went through?”

Clients who pose that question often have in mind a particular witness or complainant who was the driving force behind the prosecution. Inevitably, disappointment follows after the client is . . . [more]

Posted in: Justice Issues

Time to Close Canada’s Worrying, Growing National Security Review and Oversight Gap

Human rights violations are always most likely to occur when no one is watching over the police, soldiers and guards who have the power and potential to commit abuses. That is certainly even more the case when secrecy is prevalent; which obviously describes the world of national security investigations and operations. That is why human rights organizations, experts and bodies – national and international – have long stressed that effective review and oversight must be central to the imperative of ensuring that human rights protection is not sacrificed in any country’s rush to uphold national security.

We have had ample, . . . [more]

Posted in: Justice Issues