Canada’s online legal magazine.

Archive for September, 2019

CanLII Seeks Volunteer Editor and Writers for a BC Litigation Practice Manual

At CanLII, we are working to create a new model for legal publishing, and we want to work with people who see the potential for open legal commentary. We have successfully built a collection of over 63,000 books, articles, reports, case summaries, and commentaries, and are always developing new tools to meet the needs of Canadians.

This year, we are grateful to have received a grant from the Law Foundation of British Columbia to create a publicly accessible litigation manual for British Columbians, and we are searching for an editor and a team of writers to contribute to the . . . [more]

Posted in: Announcements

Practicalities of Securing a Law Book Publishing Agreement

I read a Linkedin posting by lawyer and consultant, Simon Haigh, asking “Which book is in you?”, perhaps the correct assumption being that many in and around the legal profession, inter alia, have, deep within them, a desire to commit their experience and expertise to the written word. A reaction from some at this point will be that nobody writes or reads books any more, nor should they. Indeed, published articles have seen one commentator’s headline pronounce that “lawyers should stop doing legal research”, while another’s boasts “Hire me. I won’t work hard for you”; . . . [more]

Posted in: Legal Publishing

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 Lewis, 2019 ABCA 311

[8] There is a unique wrinkle in this case which rather diminishes its deployment as a case precedent in the future. At trial, Crown counsel conceded that a breach of the appellant’s s 8 Charter right had occurred during the investigation of this case. This concession seemed intended to be an admission of both fact . . . [more]

Posted in: Wednesday: What's Hot on CanLII

It’s the Motivation and Impact That Matter When Government Requests Prorogation of Parliament

Prime Minister Boris Johnson’s decision to prorogue the UK Parliament last week reminded us of Prime Minister Stephen Harper’s twice-proroguing of the Canadian Parliament in the space of about a year. It is, say supporters, just like any other quite regular prorogations; not so, say opponents, they undermine the nation’s constitutional structure. What makes the difference? The reason, the motivations, for the disruption of the parliamentary sitting in each case. What can be done about unconstitutional proroguing of Parliament? I discuss three responses. . . . [more]

Posted in: Miscellaneous

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.

Research & Writing

Confusing Pairs Redux
Neil Guthrie

Broach/brooch: You broach a subject when you raise it with someone: The partner broached the issue of missed deadlines with the hapless associate. A brooch is a piece of jewellery typically pinned to the upper breast: The Queen always wears a large diamond brooch on her coat or dress, but her ancestor James I preferred to pin one to his hat. . . . [more]

Posted in: Tips Tuesday

SNC-Lavalin Report Reveals Limitations of the Ethics Office

By all accounts, last week’s Ethics Commissioner Report on the SNC-Lavalin controversy was a bombshell, condemning as it did Mr. Trudeau’s improper attempts to infringe the prosecutorial independence of the Attorney-General’s office.

But other than revealing the extraordinary access of SNC-Lavalin to the highest ranks of government and the magnitude of the combined efforts to obtain a deferred prosecution agreement that would dismiss foreign corruption charges against the company, we learned very little we did not know before.

Indeed, the most striking part of Mr. Dion’s report is that he was denied access to important information that would bring all . . . [more]

Posted in: Justice Issues, Legal Ethics

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. Meurrens on Immigration 2. Michael Spratt 3. Legal Post Blog 4. Excess Copyright 5. Know How

Meurrens on Immigration
Volunteer Work and Immigrating to Canada

Canadian work experience that is volunteer does not typically count towards immigration. Regulation 73(2) of the Immigration and Refugee Protection Regulations states

. . . [more]
Posted in: Monday’s Mix

Publicly Discussing Results of Confidential Settlement

Utilizing of the media, including social media, is an essential aspect of any civil litigator’s strategic arsenal. The Model Code of Professional Conduct outlines in Rule 7.5 the circumstances where a lawyer can communicate information to the media, which includes obligations to the client, the profession, the courts, or the administration of justice.

These communications must still be in the best interest of the client, and conducted in a professional manner. They should also not communicate any information that has a “substantial likelihood of materially prejudicing a party’s right to a fair trial or hearing.”

Communications with the media should . . . [more]

Posted in: 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.

FAMILLE : La filiation par procréation assistée en faveur de deux mères, selon les termes de l’article 539.1 C.C.Q., permet au père biologique de s’engager dans la vie de l’enfant même s’il n’est pas le père au sens de la loi, tout en laissant intact le projet parental des conjointes; . . . [more]

Posted in: Summaries Sunday