Canada’s online legal magazine.

Archive for July, 2014

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.

Droits et libertés : La réhabilitation en vertu de la Loi sur les jeunes contrevenants constitue un pardon au sens de l’article 18.2 de la Charte des droits et libertés de la personne; la portée de la protection offerte par cet article est la même, que le pardon ait été . . . [more]

Posted in: Summaries Sunday

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, SupremeAdvocacyLett@r, to which you may subscribe.

Summary of all appeals and leaves to appeal granted (so you know what the S.C.C. will soon be dealing with). (June 12 – July 9, 2014 inclusive).

APPEALS

Aboriginal Law: Title; Duty to Consult
Tsilhqot’in Nation v. British Columbia, 2014 SCC 44

The S.C.C. held:

  • aboriginal title flows from occupation in the sense of regular and exclusive use of land
  • in this
. . . [more]
Posted in: Summaries Sunday

#Really?!?

Occasionally I like to crowd-source an answer to a question here at Slaw as I appreciate the insight and experience that Slaw-yers bring to the table. Today is one of those times when I have such a question that I have been turning over in my mind. Before I pose my question I want to state that I ask it in all earnestness; I also want to preface my question by stating that I am a huge fan and user of Twitter, it is currently one of my top current awareness tools. That being said one thing bothers me a . . . [more]

Posted in: Miscellaneous, Technology: Internet

The Friday Fillip: Alpha Wolf

You have to wonder whether Stephen Wolfram was thinking of top dog when he named his . . . what shall we call it? . . . marvelous machine Wolfram|Alpha. After all, the man is not noted for his humility, though I have to say that when you look at his biography you might conclude that any immodesty on his part is merited.

I’m sure that most of you have at one time or another visited the “answer machine” that is Wolfram|Alpha. If you haven’t been there in a while, I encourage you to go again now and tour . . . [more]

Posted in: The Friday Fillip

Justice Incubators

Incubators are in. They are popping up everywhere; Google the word and see. Most of your hits will have nothing to do with babies born too soon. There are even national associations of incubators. In these economic times an incubator is a thing that helps starting entrepreneurs further develop and scale up their idea. For a good definition, see here. Incubators started in the strictly for-profit world. With the rise of social entrepreneurship and the idea of impact investing, they have also moved into that area. I have been asking myself for the past year how we can benefit . . . [more]

Posted in: Practice of Law

Summaries of Canadian Association of Law Libraries 2014 Conference Sessions

The Canadian Association of Law Libraries (CALL) has just published summaries of many of the sessions at its most recent annual conference held in late May in Winnipeg. Here are a few of the sessions for which CALL has prepared summaries (the list is not exhaustive):

  • Legal research instruction: a whole new classroom, Eunice Friesen, University of Manitoba (May 26, 2014)
  • Mysteries of government information revealed, Erica Anderson (Ontario Legislative Library), Susan Barker (University of Toronto Bora Laskin Law Library) and Wendy Reynolds (Ontario Legislative Library) (May 26, 2014)
  • Notes from the road to access to justice,
. . . [more]
Posted in: Legal Information: Libraries & Research

Quebec Bill Would Require Small Farms to Collectively Bargain

Quebec's new government wants to ensure that all farm workers have the right to unionize and collectively negotiate working conditions with their employers. Minister of Labour Sam Hamad has introduced Bill 8, An Act to amend the Labour Code with respect to certain employees of farming businesses, which would require small farms to let a union represent their employees.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

CBA Futures Chat: Lawyers Learning to Play With Others

It’s National’s turn (finally!) to host a Twitter Chat with CBA Futures. The topic: What will it take for lawyers to learn to play with others?

It might strike some as an odd choice of topic. Lawyers are a versatile bunch, capable of representing clients in a variety of industries. They’re good at learning about different businesses and the challenges they face. Inevitably, in practicing their trade, they regularly come into contact with a wide array of professionals.

But that doesn’t mean that they listen to diverse points of view when it comes to running their own affairs.

Part . . . [more]

Posted in: Practice of Law: Future of Practice

Challenging a Few Myths About Legal Marketing

The business of law is increasingly competitive and success requires us to challenge long held beliefs that could be hurting your practice. See how many of the following myths you’ve been holding on to and consider if you’re ready for a new perspective.

  1. I know my clients well enough – Surveys and client interviews tell us differently. The gap between what a lawyer knows about the client and what the client reveals to a third party (best if it’s someone other than the client’s lawyer) varies, but the gap is ever-present. The gap in and of itself is not so

. . . [more]
Posted in: Legal Marketing

The Screen Door Slamming

It is finally summer on the prairies. I am savouring long, sunny days, lush, green lawns and thunderclouds on the horizon at dusk, but my paradise is not free from troubles.

There are pests in my world – ants, flies, wasps, giant hungry mosquitoes and more – and I find myself becoming irritated by their incessant buzzing and humming, until I hear the distinct whack of a screen door slamming. The sound immediately reminds me that my summertime serenity is secure.

This simple device allows the fresh morning breezes and cool night air to pass freely through my home, . . . [more]

Posted in: Practice of Law: Practice Management

Dream a Little Dream …

I’ve been dreaming again about the future of legal publishing. How might we arrange legal information if we were not constrained by the structure and format that we’ve all grown up with? We know what the core pieces are:

Primary law: remember all those bound volumes of statutes? Remember all the print law reports? Many law libraries still carry these, but they have now mostly been replaced by a variety of online resources. Of course, in this country, CanLII is the best example.

Secondary law: we are lucky to have a huge body of secondary law in Canada, . . . [more]

Posted in: Legal Publishing

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. Hay v. Ontario (Human Rights Tribunal), 2014 ONSC 2858

[52] The Vice-Chair concluded that the applicant failed to establish that the decisions to suspend and terminate his appointment were discriminatory. The Commissioner suspended the applicant’s appointment because his comments put into question the appropriateness of his appointment as a First Nations Constable. The suspension allowed the OPP to investigate his conduct. . . . [more]

Posted in: Wednesday: What's Hot on CanLII