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Archive for September, 2015

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 technology, research and practice.

Research

Human Rights Search Engine HuriSearch
Shaunna Mireau

If you are doing research in the area of human rights, you might find HuriSearch a useful addition to your toolbox. HuriSearch offers a fairly sophisticated front end, allowing you to query any of four types of source (NGOs, national human rights institutions, academic institutions, and intergovernmental organizations), search in any of sixteen languages, and use word variations if you wish. … . . . [more]

Posted in: Tips Tuesday

Lawyers + Software: The New Partnership Model

On 26 August 1996, Business Week asked: “What’s Wrong With The Internet”? One criticism was that “Good Stuff Is Hard To Find”. Their suggested solution was: “Artificial intelligence will make search engines more discerning.”

One year later along came Google. It found the stuff you were looking for, without scaring you off with talk of artificial intelligence. Google helped more of us join the information revolution.

Meanwhile, today we should be on the road to driving nirvana via real automobiles. A problem for too many is that the “driverless car” is as scary as the “horseless carriage” would have been . . . [more]

Posted in: Legal Technology

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. Precedent  2. Labour Pains 3. Blogue du CRL  4. Administrative Law Matters  5. Western Canada Business Litigation Blog

Precedent
Meet the lawyer whose office sits above a grow-op

When Mark Zekulin was in law school a decade ago, his current job would have seemed unimaginable. As president and general . . . [more]

Posted in: Monday’s Mix

The Broad Arm of Environmental Responsibility

The Supreme Court’s recent decision in Chevron Corp. v. Yaiguaje concluded that a real and substantial connection to the Canadian court is not necessary to enforce a foreign judgement. This decision may be significant in signalling that Canadian courts will more willingly enforce the judgments of foreign courts.

The respondent plaintiffs in this case characterized the facts as follows:

This case is not about preventing potential damage. It is about paying for the remediation of massive environmental contamination.

The contamination in question involved the oil-rich Lago Agrio region of Ecuador. The plaintiffs, representing 30,000 indigenous Eduadorian villagers, filed suit in . . . [more]

Posted in: Justice Issues, 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.

CONSTITUTIONNEL (DROIT): L’article 6 (1) a), c), f) et (2) de la Loi sur les Indiens porte atteinte de manière injustifiée à l’article 15 de la Charte canadienne des droits et libertés et est inopérant; la prise d’effet de cette conclusion est suspendue pour une durée de 18 . . . [more]

Posted in: Summaries Sunday

The Friday Fillip: Vectors

For the next while the Friday Fillip will be a chapter in a serialized crime novel, usually followed by a reference you might like to pursue. 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 27
Vectors

As it happened, Mitman didn’t get around to snooping until the next day. Sanders’ office had been on the second floor of what everyone called the Base Building, although Base Metals, the original

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

Fostering a Culture of Legal Literacy

I have had the good fortune of being involved in a number of groups and initiatives aimed at improving access to justice and reforming family law processes over the last several years – from pro bono advice clinics and rosters, to public legal information websites and Wikibooks, to the reconstruction of court rules and legislation – and have recently become plagued by the feeling we’re getting something wrong, that there’s something more fundamental at play I’m overlooking. Partly this stems from the observation in Meaningful Change for Family Justice: Beyond Wise Words (PDF) that despite the innovations and . . . [more]

Posted in: Justice Issues, Legal Information

Re-Imagining Self-Help Materials for the Public

While legal-related self-help materials may be “accessible” (available in plain language) they are not always “deployable” (actually used by a person to deal with their legal problem). I learned this lesson the hard way. Recently, I was asked to create a simple list of civil negotiation and conflict resolution “tips” for use by people unrepresented by counsel. I figured this would be a relatively simple task drawing on my legal and mediation background. I also assumed that I could mimic plain language and aimed for a Grade 9 level. I shared my draft with my colleague for comments and, thankfully, . . . [more]

Posted in: Dispute Resolution

AODA, the Customer Service Standard, and Service Animals: Part 2- What Is Required?

This is Part 2 in a series looking at the requirements related to “service animals” under the Accessibility Standards for Customer Service, Ontario Regulation 429/07 (the “Standards”) of the Accessibility for Ontarians with Disabilities Act (the “Act”). Please click here for Part 1.

Section 4 of the Standards requires organizations providing “goods and services to the public or other third parties at premises owned and operated by the provider of the goods or services” (“Providers”) to ensure that a person with a disability accompanied by a service animal “is permitted to enter the premises with the animal and to . . . [more]

Posted in: Substantive Law: Legislation

Thursday Thinkpiece: Beggs and Kaufman on Alternative Legal Career Paths

Each Thursday 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.

Out of Practice: Exploring Legal Career Paths in Canada
Leeann Beggs, Director of Student and Associate Programs at Gowling Lafleur Henderson LLP – Ottawa
Amy Kaufman, Head of William R. Lederman Law Library, Queen’s University

© 2015 Carswell. Reprinted with permission.

Excerpts: from Introduction and Chapter 7
[Footnotes omitted. They can . . . [more]

Posted in: Thursday Thinkpiece

Fighting Hate Speech

The Quebec government tabled Bill 59, An Act to enact the Act to prevent and combat hate speech and speech inciting violence and to amend various legislative provisions to better protect individuals on June 10, 2015. The Bill prohibits publicly broadcasting hate speech or speech inciting violence aimed at a group of people protected from discrimination in Section 10 of the Quebec Charter of Rights and Freedoms. Enabling or counseling such acts would also be prohibited. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Loose-Leaf Redux

The latest round of columns on loose-leaf publications contains plenty of useful discussion about the format of legal information and the legal publishing business generally (see here, here, and here). I have a serious interest in these topics: CLEBC publishes 50 titles: practice manuals, annotated precedents, and annotated statutes on BC law and practice. We publish online and in print, mostly loose-leaf and some softcover.

I’ve written before about “Death to Loose-leaf?”. I’ve concluded that the fury that seems to attach to this format is only partly related to the format itself. Yes, filing is . . . [more]

Posted in: Legal Publishing

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