Canada’s online legal magazine.

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. Cody, 2017 SCC 31

[1] In R. v. Jordan, 2016 SCC 27 (CanLII), [2016] 1 S.C.R. 631, this Court identified a culture of complacency towards delay in the criminal justice system. This culture was fostered by doctrinal and practical difficulties plaguing the analytical framework then applicable to the right of accused persons, guaranteed under s. 11(b) of the . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Bachelor in Paradise and the Issue Over Consent

Last week, news reports exploded about the television show Bachelor in Paradise, a reality show about contestants finding love. It was alleged that one of the contestants was too drunk to consent to a sexual encounter with another contestant. The whole thing was caught on tape, and soon after the tape was viewed production was halted. TMZ reports that the contestant’s boyfriend believed “she was way too drunk to give consent, and strongly believes producers and medical staffers should have intervened.”

The news story is highly controversial and has dominated headlines. The headlines have hit a nerve, and have sparked . . . [more]

Posted in: Practice of Law

Coast to Coast Provincial Cannabis Legislation Update

While it is still early days with the Cannabis Act having only been tabled about two months ago, things have begun buzzing at the provincial and municipal level where issues such as sale, distribution and consumption will be legislated. Below is a coast to coast summary of what is transpiring at the provincial (and in some instances municipal) level.

British Columbia

Out on the West Coast, British Columbia is known around the world for its cannabis but getting a sense for how liberal the law might be in B.C. is challenging at the moment.

After a highly publicized Provincial General . . . [more]

Posted in: Substantive Law: Legislation

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 research, writing, and practice.

Research & Writing

Where Do I Find a Point in Time Version of the Transportation of Dangerous Goods Regulations?
Marnie Bailey

Unlike the vast majority of Canadian regulations, you can’t find a consolidated version of the Transportation of Dangerous Goods Regulations on the federal Justice Laws website; instead the Justice Laws website refers you to …

Practice

Own Your Own Practice? Stay on Top of Your Expenses and Payments With . . . [more]

Posted in: Tips Tuesday

Is Your Law Firm Brand Reflected in All the Right Places and Spaces?

So you’ve hired an external consultant to help you with your law firm brand. If they are any good, they’ll have worked with you not just to build a great visual brand that involves your brand identity (logo, colours and fonts), website and marketing collateral but they’ll have taken a more holistic approach ensuring that the visual brand supports a verbal brand that included the key messaging of the firm. These days prospects find their lawyers online, or if by word of mouth, verified online. If all they see and read meet their needs and expectations then often you have . . . [more]

Posted in: Legal Marketing

Holding Refugees Hostage at Legal Aid Ontario

Legal Aid Ontario is in a mess. In what should have been a good news story, LAO received new funding to enhance access to justice in recent years. Using this money, LAO created new programs and increased financial eligibility thresholds for existing programs. But LAO miscalculated demand for legal services and gave out more legal aid certificates than they could afford. The result: a deficit.

LAO now says that the deficit is not their fault. The big problem is that Canada has become increasingly welcoming towards refugees (you saw Trudeau’s tweet, right?). There is “unprecedented demand” for legal aid from . . . [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. Official Clio Blog 2. Slater Vecchio Connected 3. The Docket 4. Environmental Law and Litigation 5. Barry Sookman

Official Clio Blog
Why Lawyers Shouldn’t Email Their Clients

You may have heard of Edward Snowden—the infamously labeled “NSA whistleblower.” Regardless of your personal opinion on Snowden’s actions, the

. . . [more]
Posted in: Monday’s Mix

Citizenship Act Amendments Passed

One of the most contentious aspects of the last Federal election was the platform of the incumbent government, which included powers that allowed the government to strip Canadians of their citizenship based on national security. With their defeat, the majority government in place has had the ability to attempt reforms in the area of citizenship that were mentioned during the campaign (but not the official platforms).

After several amendments were proposed by the Senate to the Citizenship Act and agreed to by the House, The Senate voted to send Bill C-6 for Royal Assent on June 15, 2017. Until . . . [more]

Posted in: Substantive Law: Legislation

Primer to Legislative Research Across the Provinces and Territories

Alan Kilpatrick, a law librarian with the Law Society of Saskatchewan (LSS), wrote earlier this month on the Legal Sourcery blog about a new Primer to Legislative Research Across the Provinces and Territories published by the Vancouver Association of Law Libraries (the linked version is a reprint by the LSS).

From the text of the Primer:

“This primer to legislative research is arranged by province/territory, with each table providing answers to seven questions.

  1. Do you have a centralized resource for Court Rules (either print or online)?
  2. Do you have any resources that help you with Provincial Point-In-Time Research?
  3. What is
. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Legislation

Summaries Sunday: Supreme Advocacy

On 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 and leaves to appeal granted, so you know what the S.C.C. will soon be dealing with (Mar. 17, 2017 to April 20, 2017 inclusive).

Appeals

Criminal Law: Bail

R. v. Antic, 2017 SCC 27 (36783)

The “ladder principle”, codified in s. 515(3) of the Code, requires imposition of the least onerous form of release . . . [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 tribunal rejette les demandes de contrôle judiciaire dans un dossier de conduite avec les facultés affaiblies où la poursuite conteste la décision interlocutoire du juge lui ayant ordonné la communication de certains éléments de preuve relatifs à l’alcootest; c’est avec raison que le juge d’instance a . . . [more]

Posted in: Summaries Sunday

Are Lawyers “Hijacking” Mediation and Arbitration?

Having recently left the practice of law to devote my time exclusively to mediation and arbitration (with some teaching and writing on the side), I was intrigued when my ADR friend and colleague Colm Brannigan posted a link to a recent LinkedIn blog that asks: “Have Lawyers Hijacked the Promise of Mediation?”

Author Max Kimber, an Australian mediator and barrister, says it’s time to re-visit the the role of lawyers in mediation, both as representatives of the parties in that process and as mediators.

The same may be said of arbitration, I think.

Kimber talks about the “promise of mediation” . . . [more]

Posted in: Dispute Resolution