Earlier this month, the Canadian Judicial Council published updated ethics guidance for federally appointed judges. The new Ethical Principles for Judges substantially revises a 1998 document of the same name. Among the revisions is a caution that judges must be technologically competent. The section addressing judicial diligence and competence includes the following statement:

3.C.5 Judges should develop and maintain proficiency with technology relevant to the nature and performance of their judicial duties.

This provision on technological competence is a welcome addition to the Principles. Two years ago, I argued in a Slaw column that there should be a formally . . . [more]

The ever-growing use of non-disclosure agreements (NDAs) prevents those who sign from being able to “disclose” their experiences of reprehensible workplace discrimination. NDAs routinely silence the victims of sexual harassment, racism, bullying, and discrimination (among many other examples: for being pregnant, or requiring mental health leave, etc.).

Of questionable legality, NDAs are routinely demanded by defence lawyers in settlement negotiations. A gag on the victim is an obvious, albeit immoral, “ask” for legal representatives of alleged or actual perpetrators. They don’t want their reputation as a racist or a sexual harasser or a bully following them around, do they?

If . . . [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. Hawkes v. Max Aicher (North America) Limited, 2021 ONSC 4290 (CanLII)

[17] In this case, we are concerned exclusively with statutory construction. Matters of statutory interpretation, like other questions of law, are evaluated on a reasonableness standard. As a reviewing court, in accordance with the guidance of Vavilov on the application of the reasonableness standard, we do not undertake a de novo . . . [more]

INTRODUCTION

Time was the community or advocacy activity of lawyers with judicial aspirations centred around fundraising and other activities related to participation in our major political parties. Eventually, some of these lawyers found themselves rewarded with a judicial appointment. They cut their ties, as far as anyone knew, with their favoured party. It was not difficult to end their pre-judicial activity and remove themselves from community involvement. More recently, however, with the net for potential judges cast far wider in order to increase diversity on the bench, the community work aspirants engage in may be quite different. And so we . . . [more]

Let me tell you about someone I met a couple of years ago. Her name was Judge Deborah A. Batts. In 1994, the Honorable Judge Batts became the first openly gay person to be appointed as an Article III federal judge in the United States. She held this position for over 25 years in the Southern District of New York. As part of the library team in my previous position, we commemorated her 25 years of service with a candid interview during the 2019 Pride month with her fellow openly gay judges also at the U.S. Courts for the Second . . . [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 practice, research, writing and technology.

Research & Writing

Of Apostrophe Catastrophes There Is No End
Neil Guthrie

The work of a language nerd is never done. Possessive problems: In a recent LinkedIn posting, a fundraising person at an educational institution I attended referred to its’ proud history. … . . . [more]

In Ontario, Small Claims Court’s monetary jurisdiction increased from $25,000 to $35,000 on Jan. 1, 2020. This has allows far more claims to be heard in this venue, with its streamlined processes and less procedural delays. Even prior to the pandemic, the Small Claims Court handled more than half of all of Ontario’s civil disputes.

Wrongful dismissal claims in particular have been effectively advanced in this venue, especially during the pandemic, and for those looking to avoid the cost consequences of improperly advancing a claim in Superior Court. However, in order for these proceedings to be heard effectively, the courts . . . [more]

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from May 27 – June 17, 2021 inclusive.

Appeals

Civil Procedure: Court Record Access
MediaQMI inc. v. Kamel, 2019 QCCA 814; 2021 SCC 23 (38755)

In Québec, the Code of Civil Procedure gives members of the public the right to have access to court records: art. . . . [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 : La requérante a démontré que la juge autorisatrice avait été induite en erreur et que, si l’enquêteuse dénonciatrice lui avait fait un portrait complet de la situation, elle n’aurait pas lancé un mandat de perquisition visant son téléphone cellulaire.

Intitulé : R. c. Plamondon, 2021 QCCQ 4192
Juridiction . . . [more]

A couple of years ago, in the Before Times, I chaired a panel discussion on the arbitration of family law disputes at a wonderful program hosted by the Legal Education Society of Alberta in Lake Louise. The purposes of the panel were, firstly, to encourage a critical and creative approach to the design of arbitration processes and, secondly, to promote the arbitration of family law disputes in those parts of the province where it has yet to achieve the profile it rightly enjoys in Calgary.

The panel was a success – and with experienced arbitrators including Justice Sherry Kachur, Doug . . . [more]

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:

• Law Librarian (Full-time) | Calgary, AB
  (Bennett Jones)
• Director of Market Policy and Industry Relations (8+ Years) (Full-time) | Vancouver, BC
  (Powerex)
• Associate, Corporate (Full-time) | Calgary, AB
  (Bennett Jones)
• Knowledge Management Lawyer–Corporate/Commercial (Full-time) | Calgary, AB
  (Bennett Jones)
• Policy