Canada’s online legal magazine.

Judges Need Ethics Rules, Not Just Ethical Guidance

Canada is extremely fortunate to be served by a highly competent and responsible judiciary. But judges, like all of us, experience ethical challenges as they fulfill their vitally important social functions. However, many Canadian judges are not subject to a binding code of conduct that can shepherd their behaviour. Instead, they are only offered advice to assist them in navigating ethical issues. We suggest that this should change.

There are currently over 1000 federally appointed judges in Canada. Although these judges are subject to a few restraints by virtue of the Judges Act (such as, for example, a prohibition on . . . [more]

Posted in: Legal Ethics

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. First Reference 2. Susan On The Soapbox 3. Canadian Trade Law Blog 4. Double Aspect 5. Le Blogue du CRL

First Reference
Bullying in the workplace

Bullying is usually seen as acts or verbal comments that could “mentally” hurt or isolate a person in the workplace. Sometimes,

. . . [more]
Posted in: Monday’s Mix

Where There Is Smoke, There Isn’t Always a Claim

Firefighting can be a physically and emotionally demanding job, and one that comes with many risks. One of the greatest risks faced is not even from the fire, but from the health effects of smoke.

The leading cause of death for firefighters is heart attacks, which is attributable to about half of all on duty deaths. A 2017 study in the American Heart Association’s journal Circulation attributed this to heart strain due to exposure to extreme heat. The authors drew these conclusions after placing several individuals under stress conditions while monitoring blood flow to the heart.

Ontario’s Workplace Safety and . . . [more]

Posted in: 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.

RESPONSABILITÉ : Les intimés ont commis une faute en déversant dans l’environnement des déchets industriels sans égard au risque connu de contamination de la nappe phréatique et, dans le cas du gouvernement du Canada, cette faute constitue une atteinte illicite et intentionnelle aux droits garantis aux membres de l’action collective . . . [more]

Posted in: Summaries Sunday

The Power of a Smile

One smile is all it takes to improve your mood, energy, and overall health.

One smile is all it takes to help someone have a better day.

One smile is all it takes to make a difference in this world.

One smile can make a powerful impact that ripples past our immediate surroundings.

In 2019, Eliud Kipchoge created a new world record and succeeded in becoming the first person ever to run a marathon (26.2 miles or 42.2 kilometers) in less than two hours. He tackled and prevailed against a challenge which not long ago, seemed unattainable. Watching Eliud Kipchoge . . . [more]

Posted in: Practice of Law

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

Introducing CanLII’s Latest Research Tools: Decision Highlights and a Powerful New Noteup ✨

We are very excited – and this is a word we don’t use lightly here at CanLII – to present two improvements to the search experience on CanLII.org.

Legal research generally involves (1) understanding what a case is about, and (2) analysing how a case had been considered in subsequent cases.

To help out, we’ve come up with a few features for conducting efficient legal research.

1) Decision highlights and paragraph-level note-ups: A faster way to understand what a case is about.

Decisions are getting longer, at least according to some people (ahem), and this can make it more . . . [more]

Posted in: Legal Information: Publishing

Federal Accessible Transportation Regulation

The federal Accessible Transportation for Persons with Disabilities Regulations (ATPDR) was registered under the federal Accessible Canada Act (ACA) on June 25, 2019. Most provisions of the ATPDR will come into force on June 25, 2020, while other more complex requirements (i.e., self-serve kiosks) will be phased in over three years (June 25, 2020, June 25, 2021 and June 25, 2022). This is the only accessibility standard currently registered under the ACA. . . . [more]

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

Thursday Thinkpiece: Loss & Damage From Climate Change–A Maturing Concept in Climate Law?

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Loss & Damage from Climate Change: A Maturing Concept in Climate Law?
Forthcoming in a special issue of Climate Policy: Loss and Damage after the Paris Agreement

Dr. Meinhard Doelle, Professor of Law at Schulich School of Law, Dalhousie University; Marine & Environmental Law Institute, Dalhousie University
Sara L Seck, . . . [more]

Posted in: Thursday Thinkpiece

Thanks for All the Fish

When the late Simon Fodden (RIP) asked me to write a column for Slaw, “Canada’s online legal magazine,” I welcomed the opportunity. I could write for a Canadian and global legal audience about foreign, comparative, and international law (FCIL) information resources and about FCIL librarianship as a career. I could help fill in an information gap for this very special law librarian career path. I joined Slaw in 2010, its fifth year in existence, as a “Legal Information” columnist. My first column was on “The State of Digitization of United Nations Documents” (June 29, 2010), wherein I . . . [more]

Posted in: Legal Information

Model Protective Order for Federal Court

The Federal Court is trying to clarify the scope and typical terms of confidentiality and protective orders for use in the court. Keeping confidential information can be a key consideration in intellectual property proceedings where the adverse party is often a direct competitor and the subject matter of the dispute touches on trade secrets and business plans.

Since my previous column on this subject (see Protecting Your Confidential Intellectual Property Information in Court, May 2017), a split between various Prothonotaries and Judges led to significant uncertainty as to the preferred options for keeping information confidential in court proceedings.

In . . . [more]

Posted in: Intellectual Property

Book Review: Enforcing Exclusion: Precarious Migrants and the Law in Canada

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Enforcing Exclusion: Precarious Migrants and the Law in Canada. By Sarah Grayce Marsden. Vancouver: UBC Press, 2018. 237 p. Includes bibliographic references and index. ISBN 978-0-7748-3774-3 (softcover) $32.95.

Reviewed by Andrea Black
Dentons Canada LLP, Montreal
In CLLR 44:4

Enforcing Exclusion should be on every immigration lawyer’s bookshelf. It is . . . [more]

Posted in: Book Reviews