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Archive for ‘Justice Issues’

Access to Justice Reports Released

Earlier this month, Kirk Makin of the Globe and Mail scooped an announcement of a major set of Reports on Access to Justice in Civil and Family Matters, an inititaitive that started with the Chief Justice's challenge to the Canadian Bar Association last summer.

The four Reports from Working Groups chaired by Justice Thomas Cromwell were officially released this morning:
Backgrounder
Report of the Court Processes Simplification Working Group
Report of the Access to Legal Services Working Group
Report of the Prevention, Triage and Referral Working Group
Report of the Family Justice Working Group

And a background literature review: Family . . . [more]

Posted in: Justice Issues, Legal Information, Practice of Law: Future of Practice, Reading: Recommended, Technology: Internet

Action Committee on Access to Justice Reports Released

Slaw has just received word that the national Action Committee on Access to Justice in Civil and Family Matters has placed four working group reports online. The Committee, established by the Chief Justice of the Supreme Court, Beverley McLachlin, and chaired by Supreme Court Justice Thomas Cromwell, was, in the words of the Backgrounder, also online, "convened to address the urgent and multiple issues surrounding access to justice in civil and family matters."

The four reports made available are:

Posted in: Justice Issues

Bill S-7, the Combating Terrorism Act

Slaw readers might like to take a look at Senate bill S-7, the Combating Terrorism Act, now before the House for third reading, a bill that proposes to abridge our civil liberties to a degree. As is often the case with bills the main purpose of which is to amend existing legislation, the text of the bill itself is nearly incomprehensible on its own unless you're familiar with the relevant area of law.

The Globe and Mail has an article in this morning's paper that will give you a brief sense of the bill's main incursions into your Charter . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

A Plea for More PLEI

Law Day is being celebrated across the country this week to mark the 31st anniversary of the signing of the Charter of Rights and Freedoms on April 17, 1982. The Canadian Bar Association introduced Law Day one year later and has since been promoting events to mark it across the country.

In Winnipeg, Law Day celebrations took place this past Sunday with an Open House and tours at the Law Courts Complex, a special sitting of the Citizenship Court, student mock trials, legal information sessions and displays.

I’ve been a Law Day volunteer a number of times, greeting members of . . . [more]

Posted in: Justice Issues

Clicklaw Wikibooks – a Lesson in Collaboration

B.C. is the home of innovation when it comes to law in this country, moving ahead with new ideas and new ways of providing its citizens with access to justice. We've talked about the foray into online dispute resolution and about the Ministry of Justice two-part White Paper on Justice Reform, to mention only two developments. And just yesterday Chief Justice Robert Bauman made a public statement predicting dire things for law and lawyers if significant changes aren't made and made quickly, something rare for a sitting judge.

As significant is a quiet development we've not yet noticed on . . . [more]

Posted in: Justice Issues, Legal Information: Publishing, Practice of Law

Are Litigants With "Funds and Audacity" Hampering Access to Justice?

A few comments with respect to access to justice caught my attention in the recent Manitoba Queen’s Bench (Family Division) decision in Price v. Laflamme, 2013 MBQB 25 (CanLII). In the course of providing reasons for a decision on costs at the conclusion of a lengthy trial, the trial judge noted that the conduct of the petitioner’s conduct in the matter effectively discouraged any possibility of resolution of the matter. He noted that:

Implicit in that conduct may have been a desire to exhaust the resources of the respondent/father in pursuing his position. No stone was left unturned. No examination

. . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Incorporating Equality Into Legal Education: Experience as a 1L

Nothing in the Law Society of Upper Canada’s Rules of Professional Conduct places much real pressure on the profession to incorporate equality in a meaningful way. If law schools cannot instill the true worth of equality into the minds of future lawyers, the expectation for a truly diverse Canadian legal profession becomes no more than an unrealistic pipe dream. By presenting ethical training as the sort of “easy” course students take in order to graduate, law schools may simply be creating new lawyers who are, as Professor Rosemary Cairns Way described, only “rhetorically committed” to equality.

Handbooks for equality: Hiring . . . [more]

Posted in: Education & Training: Law Schools, Justice Issues, Law Student Week

Sexual Assault in Police Detention: Ottawa Officer Acquitted

In 2008, a woman was stopped on the streets of Ottawa, questioned, and arrested for public intoxication. When inside the cellblocks, she was restrained by four male officers. Sergeant Steve Desjourdy then used scissors to cut her shirt and bra off. She was then left topless in a cell for three hours.

Desjourdy was initially cleared of any misconduct by the Ottawa Police Service's internal investigation, but a second investigation by the province's Special Investigations Unit resulted in a charge of sexual assault being laid against him.

In a verdict issued this morning, Desjourdy was acquitted of sexual assault. Despite . . . [more]

Posted in: Justice Issues

Government of Canada to Muzzle LAC Librarians

If you haven't read about the LAC's new Code of Conduct, the National Post has the issues well covered. The following section in particular is the portion of the Code (available online) that has most Librarians up in arms:

4.4.2 Teaching, speaking at conferences, and other personal engagements

On occasion, LAC employees may be asked by third parties to teach or to speak at or be a guest at conferences as a personal activity or part-time employment. Such activities have been identified as high risk to LAC and to the employee with regard to conflict of

. . . [more]

Posted in: Justice Issues

Law Students Take on the Dean

We're once again inspired by the badass ways in which some law students are taking on their institutions. Earlier this month, the Dean of the Faculty of Common Law at the University of Ottawa sent out an email to all the students at the law school warning them that a student Research Assistant had filed a grievance that was against the interests of all other students. As a result, the Dean wrote, there would be less research positions available to everyone this summer. Two Stewards from CUPE local 2626, the Teaching and Research Assistant's union, then responded to the Dean, calling . . . [more]

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

1654776 Ontario Limited v. Stewart, 2013 ONCA 184: You've Been Warned

Mr or Ms Executive, in the ONCA's reasons for judgment released today, to keep your mouth shut about the state of confidential negotiations.

Here's a link to the reasons on the ONCA  and some excerpts.

[1] This appeal is from the judgment of Justice Edward P. Belobaba dismissing the appellant’s application for an order that the respondents disclose the identities of confidential sources for a story written by the respondent Sinclair Stewart and published by the respondent the Globe and Mail Inc. The appellant, whose sole officer, director and shareholder is Jeffrey G. MacIntosh, holder of the Toronto Stock Exchange Chair in Capital Markets

. . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions