In the world of research, journal publishers are occasionally compelled to “retract” a published article. It may contain errors that posting a “correction” won’t sufficiently address, may utilize falsified data, may have been published elsewhere, may have been plagiarized, or may have been otherwise compromised. Yet the retracted paper does not disappear. It retains its place in the journal, while being stamped “Retracted” on page after page, along with an explanation. This reflects how the act of publication, when it comes to research, constitutes the official record. Publication is “performative,” according to speech act theory, like naming a ship . . . [more]

As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted.

Leaves to Appeal Granted

Criminal Law: Sentencing; Indigenous
R. v. Cope, 2024 NSCA 59 (41431)

Differential sentencing for indigenous; Sentencing Circles.

Appeal Judgment

Prison Law: Inmate Disciplinary Proceedings; New Issues On Appeal
John Howard Society of Saskatchewan v. Saskatchewan (Attorney General), 2022 SKCA . . . [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.

CONSTITUTIONNEL (DROIT) : Dans le contexte du projet hydroélectrique de la Romaine, Hydro-Québec, à titre de mandataire de la Couronne, a contrevenu à son obligation d’agir en conformité avec les principes de l’honneur envers des Innus et a fait preuve de mauvaise foi institutionnelle; elle est condamnée à payer 5  . . . [more]

It’s hard to keep up with the pace of change/disruption in the United States these days, but much of it is the culmination of a longer trend of an attack on due process rights that is clearly set out in a new book by Professor Brandon L. Garrett – Defending Due Process: Why Fairness Matters in a Polarized World. There are some lessons in this book for Canadians as well.

I talked to Professor Garrett about the origins of the book:

… It used to be that procedural fairness to concepts were central to legal education. … But over

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

What Roe v Wade Should Have Said: The Nation’s Top Legal Experts Rewrite America’s Most Controversial Decision. Edited by Jack M Balkin. Revised edition. New York, NY: New York University Press, 2023. xiv, 344 p. Includes bibliographical references, table of cases, and index. ISBN 9781479824489 (hardcover) US$89.00; ISBN 9781479823109 (softcover) . . . [more]

In my last post, Reconciling the Need for Empathy with Low EQ, I stressed the importance of empathy for effective communication. Empathetic lawyers can understand their client’s emotional state and perspective, allowing them to tailor their communication style and explain legal jargon in a comprehensible way. This results in higher client satisfaction and likely less errors.

Strong emotional intelligence is needed to be an empathetic communicator. However, studies show that many lawyers, me included, don’t naturally have high emotional intelligence. This is a skill that can be learned and honed, but how exactly?

In my quest for self-improvement I’ve . . . [more]

It may seem somewhat removed and distant from the narrow world of legal information publishing, but I was concerned to read that Williams Lea, within which sits TSO (formerly The Stationery Office in the UK) has been sold to R.R. Donnelley & Sons Company (RRD), in which Chatham Asset Management has a controlling stake; RRD’s interest in acquiring TSO appears to go back many years. TSO is the result of the then Conservative Government’s privatisation of HMSO, which, prior to that, was similar in character to the GPO in the USA and equivalent official printing and publishing . . . [more]

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 January 1 – March 5, 2025 inclusive.

Appeal

Aboriginal Law: Abuse of Power; Standard of Review; Duty to Consult
Saskatchewan (Environment) v. Métis Nation – Saskatchewan, 2023 SKCA 35; 2025 SCC 4 (40740)

The chambers judge concluded that it would constitute an abuse of process . . . [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) : La décision du juge de première instance d’accueillir une requête pour verdict imposé d’acquittement à l’égard d’une infraction de meurtre au premier degré était erronée à 2 titres; d’une part, il s’est livré à une évaluation trop poussée de la preuve et, ce faisant, a usurpé la . . . [more]

The Federation of Law Societies of Canada (the “Federation”) is a national association of 14 Canadian law societies. One of the Federations roles is to approve Canadian law schools. To be approved a law school must require that each of its graduates meet the Federation’s National Requirement. But what is the National Requirement and what does it require?

The National Requirement, which came into force in 2015, sets out the specific knowledge and skills Canadian common law program graduates must demonstrate to be ready to enter a bar admission program. The National Requirement is also the standard against which internationally . . . [more]