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Trop de gens se désolent du manque de conscience citoyenne de certains de nos jeunes, du manque d’implication de nos concitoyens dans les affaires publiques, de la lassitude et de l’incompréhension généralisée face au fonctionnement de nos institutions. Il me semble que nous faisons face à un problème croissant de citoyens qui ne comprennent pas notre système et son fonctionnement.

Cependant, et trop souvent dans le travail que nous faisons chez Éducaloi, certains membres du public voient d’un mauvais œil que nous recevons des fonds des gouvernements dans notre travail… Comme si le fait que . . . [more]

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 in the hands of previous Governments: Japanese Canadians during WWII; Italian and Ukrainian Canadians during WWI.

Certainly the most dramatic apology was the one offered to the Aboriginal peoples of Canada for the mistreatment of their children over many decades through the residential schools run by various churches under contract with the federal government. Some other time I would like to argue that Parliament needs also to apologize for the . . . [more]

Is the practice of law predominantly a business or a profession? The debate is an old one. When Governor General David Johnston spoke of the practice of law at the recent Canadian Legal Conference in Halifax, he described it as much more than a profit-driven business. He portrayed a noble profession with duties to the client, to justice and to the public interest. He saw a social contract as existing between lawyers and society:

“There are three principal elements to any profession’s social contract. First, the profession is characterized by specialized knowledge that is taught formally and obtained by experience . . . [more]

I never had the opportunity to take Law and Economics, and almost everything I remember from undergraduate economics courses I could have learned at Father Guido Sarducci’s Five Minute University. In spite of my lack of knowledge about the subject I’m beginning to suspect that whatever you’re thinking about, it’s important to follow the money.

I doubt that thinking most Aboriginal issues are about money, rather than constitutional law principles, international law principles, or human rights principles is any kind of insight. But I wonder, are there foundational legal principles about money? For example, is there a legal principle . . . [more]

The riots that started in Tottenham, London on 6th August and spread throughout London and England for the subsequent 3 days, could not have been predicted. Initially people thought that the shooting of police suspect Mark Duggan had sparked community tensions that eventually boiled over. But this theory has been quickly discounted. Others initially blamed government cuts for causing public anger. Others, including the Prime Minister, David Cameron, blamed a ‘Broken Britain’. None of these theories really provide us with a satisfying answer as to why so many young people looted, vandalised and attacked property and people without any . . . [more]

How much noise must neighbours of a highway put up with?

As noted by Geneviève Lay here on Slaw recently, The Québec Court of Appeal has certified the Carrier class action by neighbours of a major Québec freeway, the Laurentian Highway (Highway 73) north of Québec City. I'd like to add a bit to her reportage here.

The neighbours have been complaining about noise from the highway since 1985, which (they say) interferes with outdoor use of their properties and requires them to keep their windows closed at all times. Even with the windows closed, their sleep is disturbed and . . . [more]

A deal’s a deal. Except where lawyers are concerned.

That’s the tough lesson learned by Alberta’s Olga Maria Nixon. Having been involved in a car crash that orphaned and seriously injured a seven-year old boy, Ms. Nixon may not engender a high degree of public sympathy but her legal ordeal set the stage for a very significant precedent handed down by the Supreme Court of Canada (SCC) several weeks ago in R. v. Nixon 2011 SCC 34.

Ms. Nixon was alleged to have driven her motor home though an intersection without stopping striking another vehicle and thus causing the . . . [more]

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Depuis mon retour dans le milieu de la justice en 2005, j’ai entendu à maintes reprises bâtonniers, ministres de la justice, juges en chef, professeurs d’université et tutti quanti dire que leur priorité est l’accès à la justice pour tous ! Comment ne pas être d’accord ? C’est un des principes fondamentaux de nos sociétés libres et démocratiques. 

Un autre de ces principes est « nul ne peut ignorer la loi » : on impose comme obligation à tous de connaître toutes les règles qui gouvernent notre société. L’accès à la justice, c’est aussi ça  . . . [more]

Hot: Discussing the civil justice system

Not: Funding the civil justice system

The civil justice system will likely never be a popular subject of household discussion or even a top trending topic on Twitter for a day, but it is receiving a little more attention in mainstream and social media of late. Sadly, it is receiving attention for all the wrong reasons. In the United States, the new feature-length documentary Hot Coffee explores a nation-wide conservative campaign to institute tort reforms that restrict the liability of corporations and medical professionals, but likewise limit access to justice for ordinary Americans. British . . . [more]

The UK’s Equality and Human Rights Commission (EHRC) was established by the Equality Act 2006 with the ambition of creating an equal society which respects human rights. The government in its consultation, Building a Fairer Britain: Reform of the Equality and Human Rights Commission is now proposing that the equality and human rights champion has its wings clipped and turned into a mere regulator through the repealing and amending of certain sections of the Equality Act 2006. Under the proposals, the EHRC would in effect no longer be a champion of equality and human rights, but instead an isolated . . . [more]

What I plan to do in these periodical contributions to Slaw is to examine debates and committee proceedings on bills that may be of special interest to lawyers and legal scholars. What I want to do in this first discussion is to look at the nature of “omnibus bills” and to consider whether such bills tend to erode the capacity of parliamentary scrutiny and may be, to that extent, inconsistent with one or another part of our Constitution.

Many lawyers and legal scholars will be familiar with the notion that “the test of the reasonable man [person] is the man . . . [more]

The Canadian Forum on Civil Justice (CFCJ) focuses its research on access to justice and legal services. The justice system in Canada is not, of course, one united system but a set of institutionalized processes with overlapping provincial, territorial, and federal jurisdictions. There are civil, family, criminal and administrative divisions and both substantive and procedural laws that must be applied to each situation. Courts and Tribunals attached to this system are increasingly dealing with problems arising from Canada’s failure to solve resistant social problems. Yet, to achieve access to justice for all Canadians, legal services must be delivered as part . . . [more]