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.

Modern Criminal Evidence

General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli
Authors: Matthew Gourlay, Brock Jones, Justice Renee Pomerance, Glen Crisp, Jill D. Makepeace
Foreword: Justice David H. Doherty
ISBN: 978-1-77255-642-1
Publisher: Emond Publishing
Page Count: 792
Publication Date: August 2021
Regular Price: $295 (print), $271 E-book

Excerpt: from Chapter 2: . . . [more]

During my time with a strategic consultancy several years ago, one of our group retreats turned to the subject of marketing. Ideas were floated and plans were drawn up for a series of articles, speaking appearances, and other means by which we could raise our individual and collective profiles and drive more business through the door.

Eventually, I put my hand up to make what I felt was a salient point: Before the meeting began, we had all been chatting about how busy we were and how crammed our schedules had become. Before we engage in a business development campaign, . . . [more]

In the article, “Measuring Improvements in Access to Justice“, the authors Brea Lowenberger et al, expertly write about measuring the effectiveness of access to justice initiatives. A quick summary is outlined in the table below:

In measuring initiatives, we should also be mindful on how they address litigants’ traumas. Many areas of litigation arise from or involve some sort of trauma. 

In the book “Trauma: the invisible epidemic”, Dr. Paul Conti explains that “Trauma comes in various forms, frequencies, and intensities…” As a general rule, “the worst the trauma, the worse the cascade of harm that follows”.

To . . . [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, [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 Canadian Charter . . . [more]

The topic of lawyer confidentiality often yields lively discussions when teaching legal ethics to law students. Some of this engagement flows from high-profile, attention-grabbing case studies like wrongful murder convictions, buried bodies, and concealed videotapes depicting horrific crimes. Even the more routine aspects of lawyer confidentiality, however, spark good conversation. For example, most students are curious about how common behaviours, like working outside the office, sending emails or using social media, may give rise to inadvertent confidentiality breaches.

Another topic that often interests students is whether lawyers can talk about client matters with spouses or significant others. . . . [more]

As Past-President of the Canadian Association of Law Libraries, I have the pleasure of Chairing the 2022 Hugh Lawford Award for Excellence in Legal Publishing Committee. This award honours Hugh Lawford (1933-2009), Professor of Law at Queens’ University and founder of Quicklaw. It is awarded to a publisher (whether for-profit or not-for profit, corporate or non-corporate) that has demonstrated excellence by publishing a work, series, website, or electronic product that makes a significant contribution to legal research and scholarship.

After reviewing a number of excellent nominations, the Selection Committee is pleased to announce the short-list of nominees for this . . . [more]

“When did it become illegal to ask questions? Especially in the courtroom?” This is the opening line to Justice A. Pazaratz’s decision in J.N. v. C.G., (2022). [1] This provocative line sets the tone for a decision delivered almost entirely through frank obiter. When reduced to its ratio, J.N. v. C.G. is a case about whether the court can require a parent to vaccinate their children, and whether a judge should rule on the appropriateness of these beliefs and decisions. What makes the decision notable is how Justice Pazaratz uses wide-sweeping comments to engage numerous societal issues, including free . . . [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

Use CanLII’s Subject Classification Terms to Narrow Your Search Results
Susannah Tredwell

CanLII recently announced the addition of AI generated subject classification to its Ontario and Saskatchewan case law which makes it much faster to see what area of the law a case falls into. … . . . [more]

On May 19, 2021, the Federal, Provincial and Territorial Privacy Commissioners provided an unusual and joint statement around vaccine passports, where they cautioned about the use of these measures, even when effective in addressing the harm of the pandemic,

At its essence, a vaccine passport presumes that individuals will be required or requested to disclose personal health information – their vaccine/immunity status – in exchange for goods, services and/or access to certain premises or locations. While this may offer substantial public benefit, it is an encroachment on civil liberties that should be taken only after careful consideration. This statement focuses

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 March 10 – April 13, 2022 inclusive.

Oral Judgments

Criminal Law: Homicide
R. v. Pope, 2021 NLCA 47; 2022 SCC 8 (39817)

The Chief Justice: “A majority of this Court, made of Justice Moldaver, Justice Karakatsanis, Justice Brown, Justice Kasirer and Justice Jamal, would dismiss the . . . [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) : Le juge de première instance s’est assuré que, malgré le travail déficient de l’interprète lors de certains échanges entre les policiers et l’appelant, la version des faits donnée par ce dernier n’avait pas été viciée par les erreurs de l’interprète; par conséquent, l’appel est rejeté.

Intitulé :  . . . [more]