Canada’s online legal magazine.

Archive for June, 2019

Thursday Thinkpiece: Implicating the System–Judicial Discourses in the Sentencing of Indigenous Women

Periodically on Thursdays, 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.

Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women

Elspeth Kaiser-Derrick was called to the Bar in British Columbia after articling at a criminal defence firm and is currently a Ph.D. candidate at the Peter A. Allard School of Law at the University of British Columbia.

ISBN: 978-0-88755-828-3
Publisher: University . . . [more]

Posted in: Thursday Thinkpiece

Book Review: Mistake in Contracting

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Mistake in Contracting. By Bruce MacDougall. Toronto: LexisNexis, 2018. xlii, 517 p. Includes table of cases and index. ISBN 978-0-433-47303-9 (hardcover) $170.00.

Reviewed by Melanie R. Bueckert, LL.B., LL.M.
Legal Research Counsel
Manitoba Court of Appeal
In CLLR 44:2

This text completes what LexisNexis is marketing as their “Truth in . . . [more]

Posted in: Book Reviews

Tort Litigation and Greenhouse Gas Emissions: Changing the Climate of Opinion

Climate change is probably the single greatest threat to the security and prosperity of Canadians, as well as the rest of the human race. The most effective, least painful way to mitigate climate change is to impose a price on greenhouse gases worldwide, either through carbon taxes or tradable emission permits. However, carbon pricing is as politically difficult as it is economically efficient. In most countries, voters and political leaders have so far refused to support prices high enough to keep the risk of catastrophic climate change within an acceptable band. In Canada, there is also real risk that the . . . [more]

Posted in: Legal Ethics

You Did Great Work, Your Client Loves You, Time to Get a Testimonial!

We are not good at asking people for testimonial. Many of us feel awkward asking someone else for their opinion and yet what is the first thing we do when checking out a restaurant or an Airbnb or a new vacuum cleaner? We look to see what others have said about it.

In the past I have written about Super Fans. These are clients that will promote you at any opportunity, that help drive referrals, and are not just satisfied with your work but are truly loyal to you. We love Super Fans! As great as these clients are . . . [more]

Posted in: Legal Marketing

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. R. v. Le, 2019 SCC 34

[160] In view of our application of the three Grant lines of inquiry to the facts of this appeal, and with great respect to the courts below, we do not find this to be a close call. The police crossed a bright line when, without permission or reasonable grounds, they entered into a private backyard . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Using Law to Restrict Freedom of Religion and Conscience: The Vaccination Issue

Generally speaking, those of us above “a certain age” grew up suffering from dangerous childhood diseases, such as chicken pox, measles and mumps, among others. Most of us survived, but not every child did and even among the survivors, children lost their hearing or there were other negative consequences (increased risk of miscarriage for women contracting measles during pregnancy, for example). Measles can result in swelling of the brain, ear infections, pneumonia, among other serious conditions.

What a blessing the vaccines to end these diseases were. The measles vaccine was introduced in 1963, the mumps vaccine was approved . . . [more]

Posted in: Justice Issues, Substantive Law, Substantive Law: Legislation

Wrong Diagnosis, Wrong Strategy: Why More Restrictions on Self-Represented Litigants Won’t Work, and Aren’t Justified

Our daily interactions with self-represented litigants (SRLs) from across Canada, along with our continuous tracking of the developing jurisprudence around SRLs, disclose the emergence of a judicial strategy that amounts to a war on self-represented parties in some courts and jurisdictions. The resulting mistrust and anger among many reasonable members of the public should be a cause for alarm among members of the profession.

Not only does this strategy undermine our commitment to a right of access to the courts, and ignore the Supreme Court of Canada’s clear statement in Pintea v John that SRLs cannot and should not be . . . [more]

Posted in: Justice Issues

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 practice, research, writing and technology.

Technology

My Favourite Apps – Part II
Lesha Van Der Bij

This is my second post in a series on my favourite smart phone apps. Here’s one for folks who are seriously pressed for time (aren’t we all?) but who are still trying to keep up with non-fiction reading. Blinkist provides access to 15-minute summaries of books on a range of topics, including leadership, politics, marketing, parenting, nutrition, technology, . . . [more]

Posted in: Tips Tuesday

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 more than 80 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. Canadian Legal History Blog 2. Alcohol & Advocacy 3. Le Blogue du CRL 4. Erin Cowling 5. NSRLP

Canadian Legal History Blog
New from UTP: Violence, Order, and Unrest: A History of British North America, 1749–1876, ed. Mancke, Bannister, McKim and See

This edited collection offers a

. . . [more]
Posted in: Monday’s Mix

Carding Finally Discussed at Supreme Court

Toronto has the most diverse population in Canada, and possibly the world. The myriad of different cultures and ethnicities not only co-exist, but largely mingle and interact on a deep level that is likely not seen anywhere else.

At the same time, the diverse populations of Toronto have a complicated relationship with police services, who they often perceive as treating inappropriately, based on stereotypes, prejudices, or even racial profiling. There are many reasons for this, but they include the challenge of many officers living or growing up outside these diverse communities, police divisions under financial and resource strains, and occasionally, . . . [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.

TRAVAIL : Le directeur général de la Ville de Chambly a collaboré à une enquête portant sur un acte répréhensible au sens de la Loi concernant la lutte contre la corruption et bénéficie de la présomption selon laquelle il a été congédié en raison de ce geste; un tel congédiement . . . [more]

Posted in: Summaries Sunday