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 seventy 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. Michael Geist 2. IFLS Osgoode 3. Canadian Class Actions Monitor 4. Susan on the Soapbox 5. National Magazine Blog

Michael Geist
Former Copyright Board Chair Vancise Takes Aim at the Board Critics

The Honourable William Vancise, the former Chair of the Copyright Board of Canada, recently delivered a combative (and entertaining) speech at an ALAI conference in which he took the critics of the board head on. Although the conference was focused on the future of the Copyright Board, many lawyers who regularly appear before the board seemed reluctant to air their concerns in public. Instead, it fell to Vancise to liven the proceedings. The board has posted the speech online and it is well worth a read. I was in the audience and came in for criticism for this 2013 article titled It’s Time to Admit the Copyright Board is Broken. …

IFLS Osgoode
Un-sexing birth certificates: Robson recommends Wipfler

Ruthann Robson, if you do not already know her, is a wonderful feminist legal scholar, writer (in many genres), and teacher. You can find out more about her here, at her website, and here, in past IFLS posts about her (there’s video of a talk she gave at Osgoode, here). She sent over the following recommendation for a paper written by one of her former students, AJ Wipfler (CUNY Law 16). Whether for the substantive subject matter or for the joy of thinking about the student/prof relationship and how it can be used to build scholarship and advocacy, or just to see an example of writing enthusiastically about someone else’s work, have a read ….

Canadian Class Actions Monitor
Hot Off the Press – Canadian Contractual Interpretation Law 3rd Edition

Geoff Hall, senior litigator at McCarthy Tétrault, authors the newly published third edition of Canadian Contractual Interpretation Law. The book clearly sets out the principles governing the interpretation of contracts in Canada, particularly in light of the landmark decisions of the Supreme Court of Canada in Sattva and Bhasin. These two cases – both of which cited the second edition of Mr. Hall’s book, and were successfully argued by litigators from the firm – transformed contractual interpretation in fundamental ways, firstly by recognizing contractual interpretation as a highly fact-driven exercise and secondly by recognizing an organizing principle of good faith in Canadian contract law. …

Susan on the Soapbox
Physician Assisted Dying: How the SCC got there

It’s a paradox. Your right to die is an affirmation of your right to live. In a unanimous decision of astonishing clarity the Supreme Court of Canada (SCC) decided that the Criminal Code prohibition on physician-assisted dying violates your Charter rights to life, liberty and security. Here’s how they did it. Section 7: right to life, liberty and security — Those who are grievously and irremediably ill may take their own lives prematurely rather than risk of being incapable of ending their lives later when their suffering becomes intolerable. …

National Magazine Blog
After June 6th: What was the remedy in Carter?

It now appears inevitable that Bill C-14 will not become law before the “declaration of invalidity” issued in Carter comes into effect. I need the scare quotes because there has lately been some debate, provoked by Professor Peter Sankoff (see here and here), as to what remedy the Supreme Court actually ordered in that case. Peter argues that the court struck down section 241(b) in its entirety and that, after June 6th (when the suspension expires), we will be left with no criminal prohibition of aiding and abetting suicide under any conditions. …

*Randomness here is created by and its list randomizing function.

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