Canada’s online legal magazine.

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

FAMILLE : En cette période de pandémie, la mère aurait dû recourir aux tribunaux pour faire valoir ses inquiétudes quant aux droits d’accès du père et non retenir son fils unilatéralement et intenter des procédures uniquement après l’introduction en urgence par le père d’une demande en habeas corpus.

Intitulé . . . [more]

Posted in: Summaries Sunday

A Journalist Shield Law for the Provinces

This piece is based on my Parkland Institute report entitled, “Alberta’s Inadequate Legal Protection of Whistleblowers, Journalist Sources and Others Who Speak Out in the Public Interest.” The report is expected to be published online later this year.

A person who wants to blow the whistle on wrongdoing in our society has a lot to worry about. On the legal front, they may lose their job or be sued. Whistleblower protections in Canada, which extend only the public sector employment, are poor. Moreover, only three provinces have anti-SLAPP legislation. Most choose to feed a tip, leaked document, or their first . . . [more]

Posted in: Justice Issues

Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs (newest first):

. . . [more]
Posted in: Friday Jobs Roundup

Complainant Went the Wrong Way Down a Two-Way Street

Daniel Standing LL.B., Editor, First Reference Inc.

The process of accommodating an employee with a disability is frequently described as a two-way street. Employers must often be creative in finding meaningful ways for an employee to continue contributing to the workplace. It must make efforts to accommodate these employees to the point of suffering undue hardship.

Employees have an equally critical role to play. They must keep the employer informed of their prognosis, provide feedback and accept reasonable solutions that the employer proposes. An employee who refuses a reasonable accommodation proposal treads on very shaky ground. The possibility of continued . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

What Does a Third Act Look Like to You? Retirement?

Retirement. What does that word mean to you? Old or wise, laid back or charging ahead? Playing endless rounds of golf or attending endless board meetings?

Retirement has certainly been redefined; we’re working well beyond sixty-five. All we have to do is look to the Supreme Court as a prime example. According to Bloomberg, in an article by David Ingold, the projected age when a justice will leave the Supreme Court is now about eighty-three. That’s a ten-year increase from the 1950s. Wow, that’s ten additional years of being relevant and contributing to the decisions of our country’s most important . . . [more]

Posted in: Legal Marketing

Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. R. v. Theriault, 2020 ONSC 3317 (CanLII)

[19] I am also mindful that there is a distinction between credibility and reliability. Credibility relates to the honesty of the witness’ testimony. Reliability relates to the accuracy of the witness’ testimony which engages a consideration of the witness’ ability to accurately observe, recall and recount an event; see R. v. H.C., 2009 . . . [more]

Posted in: Wednesday: What's Hot on CanLII

From Discrimination to Systemic Racism: Understanding Societal Construction

INTRODUCTION

Recently RCMP Commissioner Brenda Lucki admitted she really didn’t understand the term “systemic racism” and later showed she was correct when she provided an old and obvious example of indirect discrimination as an example of systemic racism. Here I explore the evolution from discrimination to systemic discrimination to systemic racism and why they are different, although related. . . . [more]

Posted in: Justice Issues

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

Let’s Get Phygital
Neil Guthrie

As long as we don’t call it that, though. (In part because Let’s get phygital may conjure up images of Olivia Newton-John in a headband for those of a certain age.) Phygital is a newish (and unlovely) term for communication or connection that combines the physical and the digital. It comes from the world of marketing and sales. … . . . [more]

Posted in: Tips Tuesday

Coffee in the Times of COVID

The COVID-19 pandemic has turned our world upside down. However, new and innovative strategies have emerged to help lawyers reduce stress and improve mental health in these uncertain times of the global crisis. Technology has been a key enabler in supporting people to connect, socialize and engage in dialogue about the impact of the virus in our lives and reminding people that “you are not alone.” A simple gathering for some DIY coffee in a positive virtual environment can stimulate a profound impact on one’s well-being.

One such innovative initiative was launched in May 2020 by the Canadian . . . [more]

Posted in: Practice of Law

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1 .Family LLB 2. ABlawg.ca 3. RT Blog 4. Canadian Securities Law 5. BC Injury Law Blog

Family LLB
What is the Cheapest Way to Get a Divorce?

Let’s be clear, a “divorce” is simply the legal right to re-marry. If you are not married, you will

. . . [more]
Posted in: Monday’s Mix

A Historic Verdict

History was made on June 26, 2020, in the Ontario Superior Court of Justice decision in R. v. Theriault.

It was a very detailed and meticulous decision that was well over 300 paragraphs long. It cited nearly 50 cases, and carefully went through the evidence and the law. But that’s not what made it noteworthy.

For the first time in Canadian history, the verdict was read out loud and live-streamed via Zoom on YouTube, to a massive audience. Over 20,000 people were reported to watch the verdict, which consisted of a judge reading his decision into a screen for the . . . [more]

Posted in: Justice Issues, Substantive Law: Judicial Decisions

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : La tenue d’un nouveau procès est ordonnée pour l’appelant, déclaré coupable de meurtre au second degré au terme d’un procès devant jury, car la déclaration incriminante qu’il a faite aux policiers aurait dû être exclue de la preuve, ayant été obtenue à la suite d’une violation de . . . [more]

Posted in: Summaries Sunday