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Archive for June, 2015

Do Whole Life Criminal Sentences Contravene Human Rights?

This year Stephen Harper’s government announced its intention to introduce legislation that will make a life sentence mean a sentence for life.

It remains to be seen how our courts will apply the Charter to the Conservatives’ tough on crime bill.

The boundaries of a similar discussion are being tested in Europe now.

On 1 June 2015 a panel of 5 judges of the Grand Chamber of the European Court of Human Rights referred to a full hearing before a panel of 17 judges, a complaint by UK prisoner Arthur Hutchinson who has been sentenced to spent the rest of . . . [more]

Posted in: Justice Issues

A Practice for Handling Difficult Emotions and Thoughts: RAIN

It’s been raining a lot in my office recently. And by this I don’t mean that I have a leaky roof, or the sprinkler system is malfunctioning. Rather, I have been trying out a helpful practice for handling challenging emotions that come up during the workday that goes by the acronym RAIN.

For you agnostics and atheists out there, don’t cringe. Yes, RAIN has its origins in Buddhism. That said, as far as recent developments in neuroscience go, it is a great tool for getting out of what I call the back alley of the brain (amygdala) and returning to . . . [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 sixty 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. Library Boy  2. Global Workplace Insider 3. National Blog  4. LSUC Treasurer’s Blog  5. À bon droit

Library Boy
Library and Information Community-Related Recommendations of the Truth and Reconciliation Commission on Indian Residential Schools

Yesterday, the Truth and Reconciliation Commission released its findings after its years-long investigation into the . . . [more]

Posted in: Monday’s Mix

Reconciling the Truth About Law Schools

Despite all the calls for more practically-focused, experiential and applied legal education, there is more to law school than simply learning a trade.

Legal education is a process of socialization and acclimatization to the profession, including its history, culture and traditions. All of these are arguably necessary to instill the values behind our professional responsibilities and ethics.

There is also a substantive background required of all lawyers in order to practice. Intellectual property lawyers will still have to learn about basic criminal law. And human rights lawyers are required to learn the basics of contract law. The substantive framework is . . . [more]

Posted in: Education & Training: Law Schools, Justice Issues

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) : À la lumière de la jurisprudence quant au sens à donner à l’expression «intérêt de la justice» se trouvant à l’article 683 (5) C.Cr., il y a lieu de rejeter la demande du requérant de suspendre l’interdiction de conduire qui lui a été imposée par le juge . . . [more]

Posted in: Summaries Sunday

The Friday Fillip: Verbal and Not

For the next while the Friday Fillip will be a chapter in a serialized crime novel, interrupted occasionally by a reference you might like to follow up. Both this chapter of the book and the whole story up to this point can be had as PDF files. You may also subscribe to have chapters delivered to you by email.


 

MEASURING LIFE
 
Chapter 14
Verbal and Not

Rangel stirred the papers on her desk, looking for the note from the firefighter who, she was sure, was the one who’d driven her home the morning after the fire.

. . . [more]
Posted in: The Friday Fillip

A Few Thoughts for Family Law Litigants: Why It Pays to Let Bygones Be Bygones

Difference is a necessary part of the human condition, without which we’d be an awfully dull lot. Although difference is what gives us creativity and invention, it’s also the cause of intolerance and war, and it’s what keeps family law lawyers in business. As Martin Gore famously put it,

People are people so why should it be
You and I should get along so awfully?

There are an infinite number of reasons why committed, long-term relationships break down. Some people get bored. Some grow apart as they get older. Others just turn into assholes.

Once upon a time, thanks largely . . . [more]

Posted in: Justice Issues, Practice of Law

Are Private Prevention and Resolution Processes the New Dilatory Exceptions?

We’ve always found it somewhat confusing and nonsensical that Quebec’s soon to be former Code of Civil Procedure contains a section titled “dilatory exceptions”, i.e. procedures “intended to cause delay”. At a time when we are constantly reminded that access to justice is hindered by costly procedures and long delays, and that we should find ways to streamline the legal process, it seems incongruous to actually draft dispositions that allow for longer delays and higher costs at one party’s behest. This is not to say that sections 168 and ss. of the Code of Civil Procedure don’t have . . . [more]

Posted in: Dispute Resolution

Demotion Led to Constructive Dismissal

In Ciszkowski v Canac Kitchens, the Ontario Superior Court of Justice concluded that a long-term employee was constructively dismissed when he considered himself demoted upon his return to work from heart surgery. This demotion due to his disability created a serious erosion of the working relationship. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

“Back to Billing”: My Return to Private Practice

I started my legal career as a summer student in 2008 with what was then known as Ogilvy Renault LLP in Montreal (now known as Norton Rose Fulbright Canada (NRF)). Before discovering the firm, I had not contemplated working at a big firm but I loved the people, the practice area I chose (employment & labour) and the intense intellectual challenge of working with some of the smartest people I had ever met. I wasn’t planning on leaving. I considered myself a “lifer”.

“Life” lasted only a few years. I left the firm in 2012 to lead Employee Relations for . . . [more]

Posted in: Practice of Law: Practice Management

Library and Information Community-Related Recommendations of the Truth and Reconciliation Commission on Indian Residential Schools

On Tuesday, the Truth and Reconciliation Commission released its findings after its multi-year investigation into over a century of physical, cultural and sexual abuses against Aboriginal children at Church-run Indian Residential Schools.

The Government Library & IM Professionals Network, part of the Canadian Library Association, has compiled the Commission’s many calls to action that focus on the information management community (museums, Library and Archives Canada, archivist associations, vital statistics agencies, etc.).

Library and Archives Canada has compiled a list of resources relating to residential school records.

 

 

  . . . [more]

Posted in: Legal Information: Information Management, Legal Information: Libraries & Research

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