It’s so nice to be proven right so quickly. As my wife often reminds me, this is a rare event akin to a solar and lunar eclipse happening on the same day that the Leafs win the Stanley Cup but I’ll take it.

Less than a month after I ranked “Constitutional Challenges to the Tory Crime Agenda” as my number two prediction-to-watch for in my 2012 Crime & Punishment column, an Ontario Superior Court has launched the first salvo in the resurgent war against mandatory minimum sentences.

Justice Anne Malloy found Leroy Smickle guilty of possession of a loaded firearm . . . [more]

The following article by Wendy L. Werner appeared in the January 2012 issue of LAWPRO Magazine.

On the face of it, interviewing should not be all that difficult – particularly for lawyers. As members of a profession who primarily make their living either writing or speaking, the idea that having a conversation about your interests and abilities in your own profession sounds both logical and easy.

But throw the words “job interview” into the mix and a whole new paradigm emerges. With seemingly so much at stake, job interviews take on a new meaning for people who ordinarily would not . . . [more]

On January 27th the Law Society of British Columbia issued a final version of its Report of the Cloud Computing Working Group. The changes made from the previous draft of July 15, 2011 are discussed in a memo to the Benchers available on page 67 of the Bencher’s Agenda from its January 27th meeting.

The purpose of the report is to:

identify the risks associated with lawyers using electronic data storage and processing, accessed remotely over a network (like the Internet), particularly circumstances where those services are provided by a third party vendor, and to suggest how lawyers can

I heard lately of a case where someone mediating a dispute between A and B sent an email about the dispute to A with a bcc: to B.

A managed to examine the header of the email sufficiently to see the bcc: to B, and complained to the mediator.

My first reaction was “wow, I didn’t know you could do that!” Do lawyers now have to scrub their email headers the way they are supposed to scrub metadata out of documents before sending to the other side?

My second response was “wait a minute! What was the mediator doing sending . . . [more]

You may have noticed that you can type math equations directly into your Google search bar and get results. Mashable points out that this equation will give you a special result for Valentine’s Day:

sqrt(cos(x))cos(300x)+sqrt(abs(x))-0.7)(4-x*x)^0.01, sqrt(6-x^2), -sqrt(6-x^2) from -4.5 to 4.5

And if you thought that was neat and want to try something else, plug this one into your search bar:

1.5sqrt(-abs(abs(x)-1)*abs(3-abs(x))/((abs(x)-1)*(3-abs(x))))(1+abs(abs(x)-3)/(abs(x)-3))sqrt(1-(x/7)^2)+(4.5+0.75(abs(x-.5)+abs(x+.5))-2.75(abs(x-.75)+abs(x+.75)))(1+abs(1-abs(x))/(1-abs(x))),-3sqrt(1-(x/7)^2)sqrt(abs(abs(x)-4)/(abs(x)-4)),abs(x/2)-0.0913722(x^2)-3+sqrt(1-(abs(abs(x)-2)-1)^2),(2.71052+(1.5-.5abs(x))-1.35526sqrt(4-(abs(x)-1)^2))sqrt(abs(abs(x)-1)/(abs(x)-1))

Many readers will already know that Toronto is hosting the annual conference and general meeting of CALL/ACBD in May. This gathering is a high point in the association’s calendar, and this year is even more special, as we are marking the start of our 50^th anniversary.

The program is relevant to a wide audience – no matter your level of experience or expertise, you should find something to pique your interest. The exhibit hall will offer opportunities to learn about new developments in legal information, and the social program will give you a chance to meet new colleagues, catch . . . [more]

In most provinces as well as nationally, rethinking access to justice for meeting the legal needs of Canadian families is a central policy agenda item. Law reform commissions as well as self-standing initiatives such as the National Action Committee on Access to Justice in Civil and Family Matters have made this sort of rethinking a priority for moving forward. One of the most innovative new approaches is a multidisciplinary approach to meeting family justice needs. This approach stresses both the diversity of the legal needs of Canadian families and the fluidity of those needs. Sometimes, among professionals, there is an . . . [more]

This information came out last month, but is important to note. The U.S. Securities & Exchange Commission (the SEC) put out information about investment fraud and social media in January:

• SEC – Investor Alert: Social Media and Investing – Avoiding Fraud (January 4, 2012) [PDF]
• SEC – Investor Bulletin: Social Media and Investing – Understanding Your Accounts (January 2012) [PDF]
• SEC – National Examination Risk Alert – Investment Adviser Use of Social Media (Vol. II, Issue 1, January 4, 2012) [PDF]

These alerts were prompted by charges laid on January 4th against Anthony Fields, an Illinois-based investment advisor who offered . . . [more]

A Broad and Ambitious Justice Review

BC Premier Christy Clark along with her newly-titled Minister of Justice and Attorney General Shirley Bond announced a broad-ranging review of the BC justice system last week. In conrast to many previous reviews in other jurisdictions, this review is not lacking in ambition or scope. The review includes a Green Paper on Modernizing British Columbia’s Justice System and an internal audit review of the province’s justice system. It also includes a review of BC’s criminal charge assessment process, a Legal Aid Services review and a new plan to post justice system data on . . . [more]

In the post-Charter era, we’ve become increasingly aware of vulnerable populations and the need to address societal imbalances in power. But as I highlighted last month, the mentally ill still continue to face unnecessary barriers that often prevents full participation in society.

The Supreme Court of Canada released a judgment on Friday which could help combat sexual abuse against the mentally ill. The mentally disabled are frequent targets for sexual assaults given their perceived inability to relate the incidents to others. Some estimate this risk factor may be as high as four to ten times higher than the general . . . [more]

See Here We Go … Again for the first part.

I’ll complete the discussion for now – lawyers are trained to do things in threes – by picking on the British Columbia Court of Appeal and British Columbia trial judges who were only doing their jobs. For the latter, that entails applying what their Court of Appeal has said the law is, even if they think it might not be the law. For the former, that entails applying what the Supreme Court of Canada has said the law is, unless there’s a valid way to duck … sorry distinguish it. . . . [more]

As rated by Roger Skalbeck of the Georgetown University Law Center, on behalf of the ABA in their annual effort. The 200 law school websites evaluated ranged from a low of 25% to a high of 98.5%. Given the very elementary standards against which they were compared, it is surprising that any really could fare very low at all. This summary of the evaluation criteria should give you an idea:

. . . [more]