Canada’s online legal magazine.

Archive for January, 2021

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. Canadian Broadcasting Corporation v Canadian Media Guild, 2021 CanLII 761 (CA LA)

While violating an employer policy may be grounds for discipline, expressing disagreement with a policy is not. I fail to see any basis for discipline in this message, and I agree with the union that if employees could lose their jobs for privately criticizing their bosses – even if . . . [more]

Posted in: Wednesday: What's Hot on CanLII

What the Pandemic Has Taught Us About Law: Part 2

In my last Slaw post (January 12, 2021), the first of two parts, I discussed the characteristics necessary for law to be accepted and effective. Here I consider some of the laws — the legislation, the regulations, orders and, although not law, intended to have a similar impact, advice or recommendations — that have been imposed during the pandemic. I’m focusing on Ontario, although I refer to developments elsewhere. Even so, my discussion is not meant to be exhaustive, but to illustrate laws enacted during the pandemic that do or do not satisfy the requirements of acceptable and effective law. . . . [more]

Posted in: Justice Issues, Substantive Law

Justice Is Missing the Boat

The year 2020 will go down in history as the year when much changed. One thing seems to remain constant: the fact that the justice sector is slow to change. As a consequence, it seems to be missing a rather big boat.

Good things often come out of bad things. It is no different with the current crises we face. In its 5 December issue, The Economist carries an article that sets out how the pandemic is leading to unprecedented innovation and investment in the health sector. It sees the dawn of “the next trillion-dollar industry”. Patients are . . . [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.

Research & Writing

Key Takeaways
Neil Guthrie

This was cited in Guthrie’s Guide as an example of bad business jargon, without much additional commentary. Because of its ubiquity, this dreadful phrase merits a few words. … . . . [more]

Posted in: Tips Tuesday

CUSMA Dairy Challenge: “Déjà Vu All Over Again …”

On December 9, 2020, the United States took the initial step in the first formal trade dispute under the newly minted (July 1, 2020) Canada-United States Mexico Agreement (CUSMA). The U.S. Trade Representative (USTR) made a formal request for consultations with respect to Canada’s import limits on a variety of dairy products, claiming that these measures unfairly restrict U.S. dairy farmers’ access to the Canadian market contrary to CUSMA Article 3.A.2 of CUSMA.[1] Pursuant to CUSMA Chapter 31, the United States may request the establishment of a dispute settlement panel if the matter is not resolved by consultations.

While . . . [more]

Posted in: Administrative Law

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. Mack’s Criminal Law Blog 2. Hull & Hull Blog 3. David Whelan 4. Le Blogue du CRL 5. The Docket

Mack’s Criminal Law Blog
MCL Nugget: Dhami ONCJ

In 2015 Parliament amended section 486.5, removing the requirement that such an order be “necessary for the proper administration

. . . [more]
Posted in: Monday’s Mix

A Natural Intellectual Property Experiment Proves What Is Necessary May Not Be Sufficient

On December 1, 2020, Dr. Sott Atlas resigned his position as “special advisor [on the coronavirus] to the president of the United States.” Many of us breathed a sigh of relief, if through our masks. After all, my Stanford colleagues had voted for a faculty senate resolution, that condemned this Stanford-affiliated man’s “disdain for established medical knowledge.” To take but one example I’ll return to below, Atlas had tweeted “Masks work? NO,” citing Oxford Professor Carl Heneghan.

What Atlas illustrates for me, as a long-time advocate of open access to research and scholarship, is a cautionary result of this . . . [more]

Posted in: Legal Publishing

Canadian Court Finds Jurisdiction Over Twitter

Twitter has received a lot of public attention recently, most notably for banning the President of the United States from using the platform. 

A new decision by the British Columbia Supreme Court in Giustra v. Twitter, Inc. concluded that the court has jurisdiction simpliciter over the platform, and that the Canadian courts were a forum conviens for the purposes of litigation.

The plaintiff had strong connections to both British Columbia and California, the latter also being the location of the defendant and all of its documents.

The allegedly defamatory content related to various conspiracies touted by the far-right, also known . . . [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.

ACTION COLLECTIVE (RECOURS COLLECTIF) : Contrairement aux prétentions des appelantes, le recours de l’intimée n’est pas prescrit car, depuis la modification de l’article 2926.1 C.C.Q. en juin 2020, le recours de la victime d’un préjudice corporel résultant d’une agression à caractère sexuel est imprescriptible, et ce, sans égard à tout . . . [more]

Posted in: Summaries Sunday

Modernizing the Justice System Requires a Tailored Approach

One size does not fit all.

A simple survey of the measures put in place so that the justice system may continue operating in spite of restrictive measures to mitigate the spread of COVID-19 will bear that out.

Virtual hearings have been a lifesaver for some proceedings. But while they may have increased opportunities for some individuals – making it easier to attend court, for example, by reducing travel time, costs and need for childcare – for others they presented more challenges.

When the pandemic was declared and physical-distancing measures instituted, Canadian courts, administrative tribunals and other dispute resolution bodies . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

. . . [more]
Posted in: Friday Jobs Roundup

Understanding Treason, Sedition, Insurrection, Rioting, Conspiracy in the United States

How does one describe the legal dimensions of what happened last week as a violent rightwing mob incited by the American President assaulted the US Capitol in Washington, D.C.?

What words or phrases can one even begin to apply to such a wide range of criminal acts committed that day? An acquaintance of mine quipped last week: “What can the rioters be charged with? Do you have a copy of the US Code?”

There are many resources from American scholars, legal analysts and independent sources such as the Congressional Research Service to help readers start to unpack the many concepts . . . [more]

Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law