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.The Lean Law Firm 2. The Defence Toolkit 3. Law of Work 4. Canadian Appeals Monitor 5. Michael Geist
The Lean Law Firm
E182: Want a more relaxing vacation? Start delegating these tasks at your firm today!
When you’re leaving your office for that much-needed summer vacation, a big hurdle for small and solo practitioners is who to leave minding the shop while they’re away. Last week we talked about one stumbling block for many lawyers: deciding what to delegate. We shared The Delegation Quadrant, a tool that can help. Still, there’s another problem many lawyers face – who to delegate actual legal work to. …
The Defence Toolkit
The Defence Toolkit – May 13, 2023: “Manifest Frivolity”
This week’s top three summaries: R v Haevischer, 2023 SCC 11: #summary dismissal & voir dires, R v Hanan, 2023 SCC 12: 11(b) defence unavailability, and R v JW, 2023 ONCA 304: fabrication & independent evidence. …
Law of Work
TTC Strike Ban Ruled Unconstitutional
In 2011, the Ontario Liberals enacted the Toronto Transit Commission Labour Disputes Resolution Act which prohibited strikes and lockouts by and of employees of the TTC. The key provision read: The law substituted the right to strike/lockout with a system of binding interest arbitration. …
Canadian Appeals Monitor
In criminal cases, only “manifestly frivolous” applications may be summarily dismissed: Supreme Court of Canada
A unanimous Supreme Court of Canada has held that an attempt by the Crown to have an application by an accused summarily dismissed may only succeed if the Crown establishes the underlying application is “manifestly frivolous”. In R. v. Haevischer, 2023 SCC 11, Justice Martin, writing for the whole Court, endorsed this high threshold for summary dismissal, emphasizing that trial fairness is more than a policy goal – it is a constitutional imperative. The decision will deliver clarity and rigour across the country, replacing a patchwork of tests and practices that have been generally prejudicial to accused persons. …
Michael Geist
Ready, Fire, Aim: Eleven Thoughts on the CRTC’s Bill C-11 Consultations
The CRTC last week released the first three of at least nine planned consultations on the implementation of Bill C-11 (I was out of the country teaching an intensive course so playing catch-up right now). The consultations focus on the broad structure of the regulatory framework, registration requirements, and transitions from the current system of exemptions to one of regulations. The timeline to participate in this consultation is extremely tight with comments due as early as June 12th for two of the consultations and June 27th for the larger regulatory framework one. As the title of this post suggests, …
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*Randomness here is created by Random.org and its list randomizing function.
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