Canada’s online legal magazine.

Archive for August, 2024

CBI, Telegram and Corruption in Canada

As an immigration lawyer, I regularly get offers from shady agents and unscrupulous consultants. “We are an agency based in Dubai with connections with millionaires and BILLIONAIRES. We propose a partnership with your esteemed firm and we will give you access to our wealthy clientele.” (For some reason, these agents love caps.) I was reminded of these scams when I read that arrested Telegram CEO Durov is a citizen of no less than four (4) jurisdictions: France, Russia, UAE and Saint Kitts and Nevis. I had to wonder if he was a client of one of those shady agents.

Saint . . . [more]

Posted in: Justice Issues, Miscellaneous

Residency Requirements for Federal Adjudicators – Time to Reassess?

If you want to be a full-time member of a federal tribunal, one of the conditions of employment for many of those tribunals is that you must live within commuting distance of the National Capital Region (NCR), otherwise known as Ottawa-Gatineau. There was a time when this requirement made some sense – in the days before reliable telecommunications, especially video technology. However, today it acts as a significant barrier to a geographic diversity of appointments to tribunals. It also significantly limits the pool of available candidates for specialized tribunals.

Not all federal tribunals have this residency requirement. Some tribunals have . . . [more]

Posted in: Dispute Resolution

Mindful Communication

I recently listened to an audio book called The Art of Communicating by Thich Nhat Hanh.

I have read various books by this world renowned speaker and teacher of mindfulness, and I highly recommend reading or listening to some of his work.

I consider myself well versed in the art of communication. I have read many books and articles on how to improve communication in various settings. However as I listened to this audio book, I realized that my view of communication was very one sided.

It seems that most of us think that communication is the way we verbally . . . [more]

Posted in: Practice of Law

You Live and You Learn, but You Leave Wounds Behind You

Earlier this summer, I attended Pride Toronto, an annual festival celebrating the queer community that attracts three million people to its events. Pride Toronto kicks off a wave of pride festivals across Canada throughout the summer.

While I’m not a member of the 2SLGBTQI+ community, it feels very important to show support for those who are, especially given sharply increasing rates of hate crimes motivated by sexual orientation in our country. But like many Canadians, I didn’t always understand this, or know how to be an ally.

Twenty years ago, I was a student at the University of Toronto when . . . [more]

Posted in: Justice Issues, Legal Ethics

Tips Tuesday: Find Ontario CPD Materials on AccessCLE

This was mentioned this in a SLAW Tip back in 2013, but I thought it worth revisiting.

AccessCLE is a free resource that allows you to search and retrieve Law Society of Ontario CPD program materials from 2004 onwards. Articles are available as PDFs and can be downloaded free of charge.

You can either search materials for keyword or browse by topic. There is also an advanced search option that allows you to restrict your search by author, title, or full text. 

Susannah Tredwell . . . [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. Barry Sookman 2. ABlawg.ca 3. Rule of Law 4. Le Blogue du CRL 5. Meurrens on Immigration

Barry Sookman
Understanding subscription licenses, fair dealing and legal protection for TPMs in Canada: A critical commentary of the Blacklock’s Reporter Parks Canada decision

The Federal Court issued another troubling

. . . [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) : Un juge de la Cour supérieure siégeant sans jury n’est pas apte, selon l’article 473 (1.1) C.Cr., à juger une personne qui n’est accusée d’aucune infraction mentionnée à l’article 469 C.Cr., mais dont le coaccusé est, lui, accusé d’un crime prévu à cette disposition.

Intitulé : Al-Sherifi . . . [more]

Posted in: Summaries Sunday

Unequal Access in Canada’s Migrant Caregiver Industry

Migrant caregivers are the backbone of Canada’s care economy yet they remain one of the most vulnerable groups in the labour market.[1] The roughly 25,000, predominantly racialized women migrant caregivers in Canada provide essential care for children, the elderly, people with disabilities, and people in need of ongoing medical care. For decades, Canada has sought to fill critical workforce shortages in the caregiver industry by providing temporary immigration pathways tailored to foreign workers.[2] Foreign workers arriving mainly from the Global South have temporarily made Canada their home through federal immigration programs like the Live-In Caregiver Program (1992-2014), the . . . [more]

Posted in: Justice Issues

Languages of Law – CALL/ACBD’s Annual Conference in Montreal

I recently attended the Annual Conference of the Canadian Association of Law Libraries / Association canadienne des bibliothèques de droit (CALL/ACBD) held from June 25 to 28 in Montréal, and it was a highly enriching experience. The conference was meticulously organized under the theme of “Languages of Law”, offering a robust lineup of sessions and activities that catered to various interests within the law library community.

One of the standout sessions was the keynote titled “Navigating Bill 96: Legal, Linguistic, and Societal Perspectives,” presented by Jean-Pierre Corbeil and Julius Grey. This session provided valuable insights into the multifaceted implications of . . . [more]

Posted in: Legal Information

Father and Son

Children dressed in suits, we drive silently. The one kid slides in a cassette tape and I hear it for the first time, a song I will listen to for the rest of my life in a trance, o’ let the sun beat down upon my face, as I look out the window. I don’t know the song and I want to ask but the music fills the space and there is no other space, not for speaking, not for laughing, not for crying.

We step into the stone building and everyone is there, all in black and white. . . . [more]

Posted in: Miscellaneous, 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. All About Information 2. David Whelan 3. Barry Sookman 4. Avoid a Claim 5. Alcohol & Advocacy

All About Information
US court finds that visitors to health care provider web pages don’t leave a trail of their protected health information behind

On June 20, the U.S. District

. . . [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.

ACTION COLLECTIVE (RECOURS COLLECTIF) : Le procureur général du Québec est condamné à payer aux membres du groupe, des personnes titulaires de permis de taxi au Québec depuis le 28 octobre 2013, une indemnité d’expropriation fixée à 143 873 463 $.

Intitulé : Metellus c. Procureur général du Québec, 2024 . . . [more]

Posted in: Summaries Sunday