We meant what we said, when we described in R. v. Jordan last year, “a culture of complacency towards delay in the criminal justice system.”  This could encapsulate what the Supreme Court of Canada signaled in its recent decision in R. v. Cody, where they rejected submissions by interveners by provincial governments to provide greater flexibility in applying unreasonable delay.

Section 11(b) of the Charter was always expected to be interpreted judicially as to what a reasonable delay in our justice system meant. The highly subjective nature of prejudice under the previous 1992 Morin framework was also unpredictable, as . . . [more]

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) : Dans une affaire où l’accusé, inculpé de meurtre au second degré, a obtenu un arrêt des procédures, le tribunal a retenu notamment que l’absence de disponibilité d’un enquêteur pour soutenir l’avocat de la poursuite dans la gestion des témoins et assurer la conservation des pièces à la . . . [more]

What constrains lawyer conduct? I don’t mean in terms of positive law – i.e., the codes of conduct or the decisions of the court. I mean at its source – what is the bottom line restriction on a lawyer’s professional role? I’ve been thinking about this question a great deal following the story of Angela Cardinal– the sexual assault victim who was incarcerated for 5 nights to ensure her testimony in a preliminary inquiry (trial judgment here; media reports here and here). If what happened to Angela Cardinal was wrong (and I think it’s hard to argue that . . . [more]

The National Self-Represented Litigants Project (NSRLP) has published Version 5 of its Access to Justice Annotated Bibliography.

From the description on the NSRLP website:

“Version 5 of the Access to Justice Annotated Bibliography includes over
100 summaries on access-to-justice material in the Canadian, American,
and International context. Our latest updated Version 5 contains a
specific section dedicated to unbundling and legal coaching, reflecting
the increasing attention being given to these areas (…)”

The NSRLP, which flows out of the work conducted by Dr. Julie Macfarlane, Faculty of Law of the University of Windsor, describes itself as a clearinghouse . . . [more]

Well, the wait is over. Just in case you haven’t been watching, Maritime Law Book is now Compass and Compass introduced vLex Canada. There are some interesting and useful delighters with vLex Canada Open.

Delighter #1 – No barriers to entry
It is easy to sign up with no cost via two clicks by selecting your Google or Facebook credentials. Some content, like the ability to search using the MLB topic number, is available for paid subscriptions only. This makes sense. It highlights that there is value to adding information.

Delighter #2 – Look and feel
A clean screen . . . [more]

I recently read Adam Dodek’s post for Slaw entitled “Letter to A Future Lawyer” where he provides some great words of advice to those being called to the bar. The piece reminded me of a document that I kept on my laptop during my articling that was titled ‘Lessons Learned.” As I fumbled through some of the various procedural mazes of the courthouse, my goal was to only make each mistake once. For the last seven years I have learned a lot more, and here are my best seven tips for those lawyers joining the ranks.

1. Be . . . [more]

At Kobo last week, we had a guest-talk about machine learning by Sheldon Fernandez of Infusion.

After with a good grounding in deep learning systems, which mimic the human brain to a degree, we got to the interesting stuff: inscrutability, hidden factors and confounding variables. All of these pose problems to people trying to use AI, and illustrate reasons why others fear it.

Inscrutability in AIU is exactly what it is in people: an AI often cannot tell us how it arrived at a decision, or it’s description is so convoluted that it is almost worthless.

When we dig in . . . [more]

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. R. v. Cody, 2017 SCC 31

[1] In R. v. Jordan, 2016 SCC 27 (CanLII), [2016] 1 S.C.R. 631, this Court identified a culture of complacency towards delay in the criminal justice system. This culture was fostered by doctrinal and practical difficulties plaguing the analytical framework then applicable to the right of accused persons, guaranteed under s. 11(b) of the . . . [more]

Last week, news reports exploded about the television show Bachelor in Paradise, a reality show about contestants finding love. It was alleged that one of the contestants was too drunk to consent to a sexual encounter with another contestant. The whole thing was caught on tape, and soon after the tape was viewed production was halted. TMZ reports that the contestant’s boyfriend believed “she was way too drunk to give consent, and strongly believes producers and medical staffers should have intervened.”

The news story is highly controversial and has dominated headlines. The headlines have hit a nerve, and have sparked . . . [more]

While it is still early days with the Cannabis Act having only been tabled about two months ago, things have begun buzzing at the provincial and municipal level where issues such as sale, distribution and consumption will be legislated. Below is a coast to coast summary of what is transpiring at the provincial (and in some instances municipal) level.

British Columbia

Out on the West Coast, British Columbia is known around the world for its cannabis but getting a sense for how liberal the law might be in B.C. is challenging at the moment.

After a highly publicized Provincial General . . . [more]

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 research, writing, and practice.

Research & Writing

Where Do I Find a Point in Time Version of the Transportation of Dangerous Goods Regulations?
Marnie Bailey

Unlike the vast majority of Canadian regulations, you can’t find a consolidated version of the Transportation of Dangerous Goods Regulations on the federal Justice Laws website; instead the Justice Laws website refers you to …

Practice

Own Your Own Practice? Stay on Top of Your Expenses and Payments With . . . [more]