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Archive for July, 2023

Tips Tuesday: cHANGE Case in Microsoft Word

We’ve all been there, started typing a sentence without realizing our caps lock was on ONLY FOR IT TO END UP LOOKING LIKE THIS. Ordinarily, we’d probably backspace and re-type it, but what if I told you there was a handy feature in Microsoft Word which can change your sentence case for you in one click eliminating the need for deleting and re-typing?

Let me introduce you to the “Change Case” feature. IF YOU END UP IN A SITUATION LIKE THIS all you have to do, is highlight the text you want to fix, and then press SHIFT + F3. . . . [more]

Posted in: Technology, Technology: Office Technology

The Markers of Progress Are Doubt and Faith

As I paddled in the middle of the Bay of Fundy I looked into the distance and saw the outline of Campobello Island’s shore. The shimmer of warm air hovered over the land, creating a beautiful haze. Land!, I thought. Tired, hungry, and thirsty, I figured it wouldn’t be long and picked up my pace, hopping onto my knees to engage my butterfly stroke. My spirits rose but it was short-lived. An hour later I looked up and to my dismay and the shore didn’t look any closer. It felt like the wind had picked up and the currents were . . . [more]

Posted in: Practice of 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. Library Boy 2. Le Blogue du CRL 3. SOQUIJ | Le Blogue 4. Jumping off the Ivory Tower Podcast 5. All About Information

Library Boy
Statistics Canada Article on Over-Representation of Indigenous Persons in Adult Provincial Custody

The Statistics Canada publication Juristat has published an article on 

. . . [more]
Posted in: Monday’s Mix

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.

PÉNAL (DROIT) : Une peine totale de 2 ans moins 1 jour d’emprisonnement, accompagnée d’une probation de 3 ans, est substituée à celle de 42 mois d’emprisonnement qui a été prononcée en première instance sous des chefs de possession d’une arme à feu à autorisation restreinte chargée sans permission, de . . . [more]

Posted in: Summaries Sunday

Of Scams and Thrown Pens: A Termination Gone Bad

Written by Daniel Standing LL.B., Editor, First Reference

From fried chicken to money scams, 2023 NSLB 76 (CanLII) has it all. Though it has some unusual components, the case of wrongful dismissal provides employers with good advice about choosing a penalty that fits an employee’s “crime,” and it illustrates how critical it is to fully investigate alleged wrongdoing before terminating someone’s employment. . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

Land of Confusion: Dealing With the Bombardment of AI Information

One of my family’s often-repeated fables is how my great grandfather didn’t believe the moon landing was real. People of his generation witnessed the invention of the automobile, the television and now space travel. For some, it was too much to comprehend, and the response was to deny it was happening. Pre internet, that was a simpler task.

The psychological harm associated with technological change, particularly the exponential change we are experiencing, is well documented. Numerous articles have been written on why people feel overwhelmed by technological change and the effects of technostress, the inability to cope with new computer . . . [more]

Posted in: Legal Information

Large Language Models and the Death of the Author

In my last Slaw column, I dealt with the rapid responses to the “authorship” question from the leading journal Nature and the U.S. Copyright Office to the sudden arrival of large language models (LLM), such as ChatGPT. Both publisher and government agency made it clear that they will not accept such works for publication or copyright. More recently, Nature reported this June that it will now require authors to state that their submission does not use AI-generated images.

With the state and impact of LLM continuing to rapidly evolve, I want to follow with further reflections on the authorship . . . [more]

Posted in: Intellectual Property, Legal Publishing

Washington DC Information Update for June 2023

I was back in Washington DC last month and found that the US Supreme Court Building has reopened to the public. I revisited their website and found that more historical content is available.

I found this current text: “The U. S. Reports volumes available for free download on this website consist of volumes 502 et seq., which covers the 1991 Term and subsequent Terms. Starting with the Court’s 2022 Term, PDFs of the U. S. Reports (in both preliminary print and bound volume format) will be posted to this website as they become available. PDFs of volumes not yet . . . [more]

Posted in: Legal Information

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 Trauma-Informed Lawyer 2. David Whelan 3. The Every Lawyer 4. Hull & Hull Blog 5. Official Clio Blog

The Trauma-Informed Lawyer
LGBTQ2S+ Visibility on the Bench

What does it mean to be visible in a job where you need to remain impartial? Today on the show,

. . . [more]
Posted in: Monday’s Mix

Books to Read Before Law School – an Essential Summer Reading List

This book list was curated to offer those on the cusp of law school a summer reading list packed with important insights, presented in a manner that would not put them to sleep. It turned out to have something for everyone. Whether you prefer e-books or the old fashion flipping of pages, here are five must-reads for the summer months…

Bob Joseph, 21 Things You May Not Know About the Indian Act: Helping Canadians Make Reconciliation with Indigenous Peoples a Reality (Canada: Raincoast Books, 2018) ISBN: 9780995266520

Why read it this summer?

Because, as Misha Munim puts it, “this book . . . [more]

Posted in: Book Reviews, Legal Education, Practice of Law: Future of Practice

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.

PÉNAL (DROIT) : La Cour d’appel énonce les facteurs dont les tribunaux doivent tenir compte lorsqu’ils sont appelés à contrôler les conditions mises en place par le ministère public relativement à l’accès à des éléments de preuve de nature pédopornographique et aux modalités de leur communication à la défense.

Intitulé . . . [more]

Posted in: Summaries Sunday

Stop Assessing Credibility Outside of the Box: Why Adjudicators Should Only Consider Demeanour of a Witness While on the Witness Stand

Assessing credibility is a critical role for adjudicators, in many cases. How to assess credibility requires its own book, but in this column, I will focus on the inappropriateness of relying on the facial and physical reactions (otherwise known as demeanour) of a party when they are not on the witness stand.

The relevance of demeanour is a persistent myth in adjudication. Even though studies have shown that our ability to judge whether someone is lying solely by their demeanour is about 50% (no better than a coin toss), it still is considered by the courts to be a factor . . . [more]

Posted in: Dispute Resolution