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Archive for ‘Justice Issues’

Justice Canada 2013 Victims of Crime Research Digest

Last week's issue of the Weekly Checklist of Canadian Government Publications includes the 2013 Victims of Crime Research Digest. Published by Justice Canada, it includes short, accessible articles on victims of crime research:

Welcome to sixth issue of the Victims of Crime Research Digest which is being released during the eighth annual National Victims of Crime Awareness Week (NVCAW) (April 21-27, 2013). The theme of the 2013 NVCAW is 'We All Have a Role.' This theme recognizes that criminal justice professionals and volunteers play a crucial role in reaching out to victims, that all levels of government play a role

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Posted in: Justice Issues

"Keeping Them Honest"

I have a habit of kicking the hornets’ nest when it comes to airing my views on legal services and the legal profession.

So let me give it another go.

I believe that legal services can be delivered in a more efficient, convenient and cost-effective manner than they’re currently being delivered; not only for the benefit of the public but also for the benefit of lawyers.

I’m a practicing member of the legal profession and I know the profession can do much better. So, if my passion to reform the profession offends people, so be it.

The Rules of Professional . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Practice Management

LSUC's Pickle

The Law Society of Upper Canada (“LSUC”) held its annual general meeting last night. The meeting garnered more attention than it otherwise might have due to the mysterious last minute pulling of a motion that was received on March 28, 2013. This motion dealt with a study to enlarge the paralegal scope of practice. You can read the motion here.

There has not yet been an explanation behind the pulling of this motion–a motion that was proposed well in advance of the meeting.

So we are left to speculate.

It has never made any sense to me as to . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

Macfarlane Study on Self-Represented Litigants Released

The National Self Represented Litigants Project headed by University of Windsor prof Julie Macfarlane has released its report, "Identifying and Meeting the Needs of Self-Represented Litigants.". There is also available an executive summary of the report.

The Project interviewed 283 self-represented litigants from Ontario, Alberta and British Columbia, as well as 107 providers of advice or other legal service.

Despite the presence of a large amount of online information relevant to their legal issues, a large number of the litigants became confused and overwhelmed by the tasks involved in self-representation, finding the online material not helpful in addressing . . . [more]

Posted in: Justice Issues, Practice of Law

Non-Lawyers Are People Too

I did a quick and unscientific bit of research a couple of days ago, comparing use of the terms non-lawyer and non-doctor in the Twitter-verse.

It seems that for the most part (on that day, at least), recent tweets referencing “non-doctor” were focused on the television serial, Doctor Who. I noted a few exceptions, pointing to other related professions, especially physiotherapists, but those tweets were from tweeters who did not appear to represent the medical profession, and in fact, appeared to be part of the client-group.

On the other hand, I found references to “non-lawyer” only in tweets from lawyers, . . . [more]

Posted in: Justice Issues

Six Buzzwords in Search of a Context

Globalization. Technology. Economy. Unbundling. Alternative billing. Offshoring.

A CBA-commissioned survey of the state of the research into the future of the legal profession suggests that while these words come up again and again in the thousands of pages of text devoted to the subject, that is where it ends. While there is a near-consensus on the forces driving change, and how law firms might adapt to the new normal this change will bring, there are few recipes showing how best to implement the ideas, and fewer cases still of them actually being implemented.

The American Bar Association held its first . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Marketing, Practice of Law: Practice Management

Canada's Human Rights Record Being Challenged at the United Nations

Since 2009, and most recently last December at the United Nations Sixty-seventh General Assembly Plenary, various countries—particularly Iran and North Korea—have raised various challenges to Canada's human rights record. However, on April 30, 2013, it was reported that members of the United Nations Human Rights Council have formally challenged Canada's human rights record, with 83 countries making recommendations for enhanced rights protections. This challenge refutes Canada's status as a human rights leader and indicates that Canada must take immediate action on socio-economic disparities. . . . [more]

Posted in: Justice Issues, Miscellaneous

Living on the Edge at the Equal Justice Summit

Last week I had the good fortune to have attended the Canadian Bar Association's Envisioning Equal Justice Summit: Building Justice for Everyone in Vancouver. Many participants live-tweeted sessions and otherwise engaged in #equaljustice discussions. The summit culminated in a compilation, by the participants, of ideas and concrete strategies for legal and justice system reform. These will be presented in a report to the full conference of the CBA with a plan for implementation. I'll write about highlights in subsequent posts over the coming weeks. Others have written, here and elsewhere, for example, about the stimulating event as well.

The summit . . . [more]

Posted in: Education & Training: CLE/PD, Justice Issues

What Do Clients Want?

Not every case has a crisis at its core, but each one has its own raison d’être that by its very existence causes stress for the client, whether it’s someone buying a new house or a firm buying a new company or a class of plaintiffs wanting to sue someone for a real or perceived wrong.

Everyone has an issue.

A lawyer’s job is not just to deal with the issue, but also to deal with the client. So what do clients want?

That’s a question the Canadian Bar Association posed in an online study, with the help of an . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice

Facing Injustice: Implications of Ordering N.S. to Remove Her Niqab

On September 11, 2008 N.S., a sexual assault complainant sat in a court room in Ontario and struggled to explain to a judge why she shouldn’t have to remove her niqab, face veil, while she testified. “My face” she insisted, “is not going to show any signs of – it is not going to help, it really won't.” N.S., though unbeknownst to her at the time, had just pushed up against one of the most strongly held beliefs of our legal system – that faces ought to be visible in court and that credibility could be determined by observing a . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

An Interview With Norway's Director of Corrections

In light of what's been happening to Canada's correctional system, it's disconcerting to listen to today's CBC Sunday Edition interview by Michael Enright of Marianne Vollan, who is the Director General of Correctional Services of Norway. Disconcerting because she lays out a theory of sentencing and imprisonment that is radically at odds with the one implemented here under the present federal government — and, to make it even more vexing for me, a theory that she says Norway borrowed from us back in the days when we were interested in evidence-based policies.

Here's that interview and a link to an . . . [more]

Posted in: Justice Issues, Miscellaneous

Legislating Queer and Non-Traditional Families

Recently a precedent setting family law case involving a sperm donor claiming to be a parent of a child born to lesbian mothers was settled out of court. Not unlike many non-traditional families the women in this northern Ontario case conceived a child by way of donor sperm, but precedent setting in that the sperm donor applied to the courts to be declared a parent and for liberal access rights to the child.

Settling out of court is great for the parties involved who got to determine the details of their settlement agreement and put an end to long and . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation