Canada’s online legal magazine.

Should Courts Allow Counsel to Record and Transcribe in-Court Testimony on Their Phones?

In July, I was counsel in a voir dire in BC Supreme Court, where four police officers testified over three days. While the officers gave evidence, I took over 30-pages of handwritten notes. I could capture verbatim maybe 30 percent of what was said. The rest of the time — when answers went on for too long or counsel and the witness talked over one another — I got only the gist of it. Yet, precision was key.

At one point, we stood down for over an hour for the court clerk to go through the recording to find a . . . [more]

Posted in: Legal Ethics, Legal Technology, Practice of Law

Wednesday: What’s Hot on CanLII? – August 2025

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

For this past month, the three most-consulted English-language decisions were:

1. R. v. Leclaire, 2025 ONSC 4203

[1] The Respondent, Joseph LeClaire, pleaded guilty to impaired operation of a conveyance and drive while disqualified. He had four prior convictions for impaired driving. The Crown gave Notice of Application for Increased Penalty under s. 727 of the Criminal Code. Section 320.19 of the Criminal . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Bottling Experience: How Simulations Can Jump-Start a Legal Career

Lawyers develop and grow through the experiences they gain in practice. That’s why lawyers who have been practicing longer charge a higher hourly rate. More senior lawyers have more experiences to draw when helping clients solve problems. And it’s that experience that junior lawyers wish they could somehow bottle and consume to bypass the uncertainty and doubt that plagues them in their initial years of practice.

But what if we could jump start aspiring lawyers by helping them build a toolbox of experiences to draw on in their early years of practice? That’s where experiential learning comes in.

Learning by

. . . [more]
Posted in: Legal Education

The Wellness Lawyer: “Breaking Through the Noise”

I recently watched a series on Netflix, called Truth Be Told.

In one of the episodes, the main character tells a story about a time when she physically lost her voice due to trauma she experienced in foster care.

Losing one’s voice is something that is not new to those going through the system whether judicial or otherwise.

I have heard so many self represented litigants say that they don’t have a voice; that they are not being heard; that no matter how hard they prepare they are drowned out by the complicated and bureaucratic machine of the legal system. . . . [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. Risk Management & Crisis Response 2.Vincent Gautrais 3. The Trauma-Informed Lawyer 4. Crossroad Family Law Blog 5. Meurrens on Immigration

Risk Management & Crisis Response
Strengthening American leadership in digital financial technology: insights from the Trump’s administration report on digital assets

On January 23, 2025, President

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from June 27 – August 27, 2025 inclusive.

Appeals

Civil Litigation/Private International Law: Jurisdiction
Sinclair v. Venezia Turismo, 2023 ONCA 1422025 SCC 27 (40696)

In cases where parties seek to establish jurisdiction simpliciter in a Canadian forum over a foreign dispute, it is critical that . . . [more]

Posted in: Summaries Sunday

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) : Le juge de première instance, qui a déclaré l’accusé coupable de fraude à l’endroit de fidèles d’une communauté religieuse dont celui-ci était le pasteur, n’a pas erré dans l’analyse de l’actus reus et de la mens rea de l’infraction; l’accusé a dissimulé des faits importants aux . . . [more]

Posted in: Summaries Sunday

A Time for Change and Correction

Welcome to my 100th and final column for Slaw. It all started innocently enough at the outset of 2008 when the late Simon Fodden, innovative founder of this venue, invited me to contribute a column on scholarly publishing issues. I first wrote of how the Canadian Institutes of Health Research (CIHR) was now requiring those it funded to make the resulting research freely available, if after a 12-month delay (to appease publisher pushback). I called it at the time a “tipping point” in the growing efforts to secure public or open access to all research worldwide.

Now, some seventeen . . . [more]

Posted in: Legal Publishing

Generative AI and Self-Represented Litigants in Canada: What We Know and Where to Go

The 2022 release of ChatGPT led to many breathless headlines about how generative AI would be an A2J boon. The mood is now more muted: while AI has driven some change in the legal context over the last three years, much has stayed the same. Given the time that has passed, some reckoning with where we are at seems appropriate. In this column, I focus on one piece of the A2J and AI puzzle: generative AI and self-represented litigants (SRLs) in Canadian courts and tribunals.

How has generative AI impacted the experiences of SRLs in Canada?

To answer this question, . . . [more]

Posted in: Legal Ethics

The Sheriff of Notconsideringyouham: Draft Better Policies by Starting With the User

Sheriff of Nottingham: “Locksley! I’m gonna cut your heart out with a spoon.”

Robin Hood: “Then it begins.”

Later, Sheriff of Nottingham’s cousin, Guy of Gisbourne, asks a good follow-up question: “Why a spoon, cousin? Why not an axe? Or…”

Sheriff of Nottingham: “Because it’s DULL, you twit. It’ll hurt more.”

(Robin Hood: Prince of Thieves (1991))

There are a few surprising issues worth discussing: 1. Robin Hood: Prince of Thieves is nearly 35-years old; 2. Robin Hood: Prince of Thieves only has an IMDB rating of 6.9/10 (I wholeheartedly disagree); 3. The Sheriff of Nottingham, though a character derived . . . [more]

Posted in: Practice of Law

Digital Justice: Rural Communities and the Access to Internet Problem

A key barrier to accessing justice in rural and remote communities is the lack of high-quality, reliable Internet. According to Statistics Canada, households in rural areas are nearly twice as likely to lack home Internet access and are almost ten times more likely to cite poor Internet quality as the reason for not having it.[1] Over the last few years, much of the legal world has shifted from the physical to digital space. Those unable to access information or services online are increasingly at a disadvantage. This means that there are potentially millions of Canadians who cannot access justice . . . [more]

Posted in: Justice Issues

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. Stewart Sharma Harsanyi Immigration Law Firm Blog 2. In All Fairness 3. Official Clio Blog 4. Civil Resolution Tribunal blog 5. Family LLB

Stewart Sharma Harsanyi Immigration Law Firm Blog
Refugee Refusals: Cherry Picking Evidence

As refugee lawyers we’ve seen this before: a Refugee Protection Division decision

. . . [more]
Posted in: Monday’s Mix

3li_EnFr_Wordmark_W

This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada