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Archive for ‘Substantive Law’

Law Library of Congress Report on Miranda Warning Equivalents Around the World

The Law Library of Congress in Washington, D.C. published a report a little while ago about Miranda Warning Equivalents in more than 100 countries around the world, including Canada.

In the United States, so-called Miranda rights are named after the US Supreme Court decision of Miranda v. Arizona, 384 US 436 (1966) that determined that a person detained by law enforcement and interrogated must be made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if they can’t afford one. . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law

Wagg Motions: Is There a Better Way?

In 2004, the Ontario Court of Appeal released the decision D.P. v Wagg, 2004 CanLII 39048 (Wagg). And with it birthed an entirely new bureaucracy devoted to Wagg motions.

In Wagg, the defendant was charged criminally for sexually assaulting his gynecological patient, referred to as D.P. D.P. then sued her doctor civilly for sexual assault. In the civil proceeding, D.P. wanted the defendant to disclose the contents of the Crown Brief, which was produced to him in the criminal action. The defendant refused to produce the Crown Brief to her. The plaintiff then brought a motion . . . [more]

Posted in: Substantive Law: Judicial Decisions

“Silly Rules” of Immigration Law

Our beloved Minister McCallum is on yet another tour, meeting with employers and stakeholders in the Atlantic provinces to boost a pilot project: Atlantic Growth Strategy. During the presentation, our Minister indicated, “We are committed to streamlining things, to getting rid of silly rules […]” I supposed I am still shell-shocked from the rhetoric of our previous government but I cannot overstate the change in perspective from our current Minister compared to past Ministers.

Minister McCallum did not elaborate on which of our current immigration rules are the “silly” rules. Based on conversations with clients, I regularly hear, “and . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

TWU Decision Really About Deference and Autonomy

The much anticipated decision by the Court of Appeal in Trinity Western University v. The Law Society of Upper Canada was released this week.

Although the court upheld the Divisional Court decision last year, which itself upheld the law society’s decision not to accredit Trinity Western’s law school, this week’s decision was neither a condemnation by the courts of the school or a vindication of its opponents. Instead, it was a commentary on the role of a self-regulated profession, and the importance of maintaining our own autonomy.

The court touched on, briefly, the applicability of Trinity Western’s previous trip to . . . [more]

Posted in: Substantive Law: Judicial Decisions

Manitoba Proposes Amendments to CPP Enhancement

The Manitoba government has responded to the agreement in principle to expand the Canada Pension Plan (CPP) concluded June 20, 2016. Manitoba’s Finance Minister Cameron Friesen wants all provincial and federal finance ministers to take more time to talk about the enhanced Canada Pension Plan before finalizing the agreement by July 15, 2016. . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Why Brexit May Never Happen, Despite the Referendum

The most significant development in law this past week was the Brexit referendum.

Although technically not legally binding, the political repercussions of trying to do anything but follow the narrow vote means that the U.K. will be attempting to leave the E.U.

The real question is when, and how.

Although the legal implications are vast and uncertain, the Wall Street Journal proclaims that it could be a “boon” for lawyers. Leave it to lawyers to turn the largest demerger in history into business like advice on tax, “antitrust, immigration, intellectual property, trade agreements, employment and other areas of . . . [more]

Posted in: Substantive Law: Foreign Law

Assisted Dying Finally Becomes Law

After pushing it through the Senate on Friday morning, the House of Commons finally voted for Bill C-14 on Friday afternoon. The Department of Justice has created a Q&A page on the Bill and some of the related issue.

The Senate attempted to modify Bill C-14 to adjust the issue of reasonable foreseeability, but were unsuccessful in doing so. This issue was especially important in light of a recent decision by the Alberta Court of Appeal, which indicated this criteria was not necessary under the 2015 Carter decision.

The Department of Justice has responded to this concern in an . . . [more]

Posted in: Substantive Law: Judicial Decisions, Substantive Law: Legislation

LégisQuébec Official Legislative Website Now Free

LégisQuébec, the website that contains official versions of Quebec laws and regulations, this week went totally free.

The site which offers access to current and former versions of Québec statutes and regulations used to require a subscription for many of its more advanced features.

The revised site has documents in HTML, PDF or EPUB formats.

The material includes the consolidated statutes and regulations for Quebec, historic versions of legislation and regulations, the Table of Amendments to Statutes and the Table of Amendments to Regulations. Information on what period is covered by the historical versions is available in the FAQ . . . [more]

Posted in: Legal Information: Publishing, Substantive Law: Legislation

Amendments to the Customer Service Standard Under the AODA Effective July 1

On June 6, 2016, the Ontario government announced that changes to the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act (AODA) will come into force on July 1, 2016, and apply to all organizations providing goods, services or facilities in the province. . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Ontario Lawyers: New Rule 48.14: Counterclaims, Crossclaims, and Third Party Claims Will Also Be Administratively Dismissed

This article is by Ian Hu, claims prevention and praticePRO Counsel at LAWPRO.

We have received inquiries regarding whether a defendant’s counterclaim, crossclaim, or third party claim is also dismissed when the main action is administratively dismissed under Rule 48.14. The answer depends on the kind of claim. The defendant’s counterclaim and crossclaim will be automatically dismissed unless certain steps are taken within prescribed timelines. In the case of a crossclaim against the defendant, the dismissal order will need to be served on the crossclaimant. See the analysis below.

As we know, Rule 48.14(1) sets out the circumstances under which . . . [more]

Posted in: Substantive Law

Increasing Funding for Legal Aid Is Not Enough

Lawyers pushing for greater access to justice constantly fall back on the refrain that Legal Aid needs more funding. That might be true, but the real problem with access is the eligibility criteria for Legal Aid certificates.

This was illustrated recently in a recent criminal case in Toronto, R. v Moodie, where Justice Nordheimer reviewed a Rowbothom application. The Ontario Court of Appeal created a process R. v. Rowbotham whereby the right to fair trial can demand public funds be used for representation

[170] …where the trial judge finds that representation of an accused by counsel is essential to

. . . [more]
Posted in: Justice Issues, Substantive Law: Judicial Decisions