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Archive for July, 2023

Thursday Thinkpiece: Forcese on National Security Accountability in Canada

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.

Fundamentals of National Security Accountability in Canada

Author: Craig Forcese
Publisher: Irwin Law Inc.
Imprint: Irwin Law
Publication Date: May 3, 2023
ISBN: Print (Paperback): 9781552216859
292 pages; 6″ x 9″

Excerpt: Chapter 9, The Future of Democratic Regulation

 

In Chapter 1, I described three modern generations of democratic regulation of . . . [more]

Posted in: Thursday Thinkpiece

Wednesday: What’s Hot on CanLII? – June 2023

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about. 

For this past month, the three most-consulted English-language decisions were:

1. Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17

[10] From this perspective, and notwithstanding the findings of the Federal Court judge that the s. 7 interests are engaged, the challenge to s. 159.3 of the IRPR ultimately fails. The IRPA and the IRPR contain . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Statutory Publication Metaphor: Robin Hood

One of the most difficult parts of statutory research for beginners is learning that statutes are published in two formats: chronological laws and codified laws. In the US, federal legislation is first published as a slip opinion and then bound into a volume of the Statutes at Large. These documents are useful for a researcher who wants to answer questions about intent or statutory language, as you want to see the entire law as it appeared when it was passed. However, most of the time a legal researcher merely needs to know what the law is at this moment on . . . [more]

Posted in: Legal Education, Legal Information

CBA Demarch on Proposed Sanctions Legislation Underscores Trade Bar’s Frustration With Canada’s Overall Management of Its Russia Sanctions Program

On May 12, 2023, in response to the Government of Canada’s proposed amendments to the Special Economic Measures Act (SEMA) and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (Magnitsky Act) in Bill C-47, the Budget Implementation Act 2023, No. 1 (Bill C-47),[1] the International Law Section of the Canadian Bar Association (CBA Section) has filed a submission with the Parliamentary Standing Committee on Finance.[2] Bill C-47 is intended to make consequential amendments with respect to commitments made by the Government in its 2023 Budget. The same text was filed with the . . . [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. Attorney with a Life 2. Official Clio Blog 3. The Lean Law Firm 4. Family LLB 5. Crossroad Family Law Blog

Attorney with a Life
Balance the Scales: Service vs Servitude™

The law is a helping profession. Outsiders might scoff, but all of us in the profession

. . . [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) : La tenue d’un nouveau procès est ordonnée à l’égard d’un ancien policier déclaré coupable d’agression sexuelle; la réponse du juge aux questions soumises par le jury était incorrecte et incomplète en droit, et elle a induit le jury en erreur quant à la manière d’évaluer les réponses . . . [more]

Posted in: Summaries Sunday