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Archive for the ‘Justice Issues’ Columns

Assessing the Impacts of Lawyer-Assisted Civil Dispute Resolution

There are important benefits that derive from understanding the impacts of lawyer-assisted civil dispute resolution. In a 2019 article published in the Alberta Law Review, authors Sarah Buhler and Michelle C. Korpan consider this issue as relates specifically to legal representation provided through legal aid and clinic settings in Canada.[1] Underlying the case that the article makes for this type of research is the recognition that this is one of many areas in which there is a considerable lack of justice research in Canada.[2] One of the reasons identified for conducting this kind of research is the effect . . . [more]

Posted in: Justice Issues

Is the Pintea Decision Ensuring SRLs Are Given Appropriate Judicial Guidance and Support?

Self-represented litigants (SRLs) make up a significant percentage of litigants appearing before the court in civil and family cases. In the NSRLP’s 2013 report data provided by provincial ministries of justice indicated that at least 40% of individuals who appeared in provincial family court and at least 30% of litigants in civil court are self-represented.

These statistics are staggering, and it is no secret that SRLs face unique challenges within the court systems across Canada. Although it is the case that Canadian courts operate with the principle of access to justice as a foundational pillar, the reality is that . . . [more]

Posted in: Justice Issues

Julie Macfarlane’s Going Public: Lessons for Justice System Change

It is very difficult to read about the suffering of someone you admire and care about. And yet, when I finished Julie Macfarlane’s new book, Going Public”, the story of her experiences of sexual abuse and violence, I felt enlightened and uplifted.

Why? I think it is because Julie is vulnerable about her experiences AND uses her professional wisdom, insight and experience to put her stories into a larger context.

“Vulnerability is our most accurate measurement of courage.” Brené Brown

This book is important for many people and groups, including:

  • Survivors, their families and those supporting them
  • Professionals
. . . [more]
Posted in: Dispute Resolution, Justice Issues

4 Ways to Improve Alberta’s Whistleblower Legislation

The following is my oral submission on February 4 to the Resource Stewardship Committee which is currently reviewing Alberta’s Public Interest Disclosure (Whistleblower Protection) Act:

In my short time today, I would like to focus on measures that will create the trust needed for employees to come forward to report wrongdoing knowing that their jobs will be protected. This is the only way to make this legislation work effectively.

All of us here today, regardless of affiliation, share the values embodied in whistleblower protection. Wasted government resources, corruption, shocking newspaper headlines are not what anyone wants to see. This undermines . . . [more]

Posted in: Justice Issues

Myanmar Coup: “A Crisis Born of Impunity”

LRWC joins worldwide calls for action
to restore civilian authorities

[Editors note: Column is current to its submission date of 19 Feb 2021]

The military coup in Myanmar shocked the world on the 1st of February, but the junta’s actions since then have surprised no one. International organizations, governments, and civil society organizations around the globe have expressed outrage or at least “concern” about the abrupt halt to Myanmar’s decade of stumbling political reform. Hundreds of thousands of people in Myanmar have courageously risen up in nonviolent protest and are calling on the world for help. They . . . [more]

Posted in: Justice Issues

Exploring the Laws That Protect the Coast and Ocean

Today, I’m pleased to share some reflections from my colleagues at West Coast Environmental Law, and in particular Staff Lawyer Stephanie Hewson, lead author of West Coast’s new resource, the Guide to Ocean and Coastal Protection Law in British Columbia.

. . .

Maxine Matilpi, a member of the Kwakiutl and Ma’amtigila nations and our colleague at West Coast Environmental Law, spent much time in the 1960s in a small Kwakiutl village near Port Hardy called Tsakis. She remembers, “dried salmon stacked like cord wood behind my grandparents’ stove… our grannies and aunties sitting on lawn chairs . . . [more]

Posted in: Justice Issues

System Alienation & the Capitol Riot

As we watched scenes of violence, vandalism, and rioting at the US Capitol on January 6th, there was an acute sense of loss of control, not only across the United States but throughout much of the world.

This was a brazen upending of the norms of respect and acceptance of institutional authority that lie, both symbolically and practically, at the heart of democracies around the world. The United States likes to call itself “the greatest democracy” but it is just one of many. Each is less than perfect, but a central article of faith is striving to honour . . . [more]

Posted in: Justice Issues

Understanding the Need for More Evidence-Based Decision-Making in the Legal Sector and How We Get There

Legal institutions demonstrate both a reliance on and a resistance to evidence-based decision-making. Across all areas of the law, cases are built, argued and decided on evidence that is meticulously gathered and assessed. Rigorous fact-seeking is the standard that gives credibility to law’s oft-cited assurances of impartiality and due process. Yet, the very legal mechanisms for which this standard informs and justifies decisions are often themselves without the data necessary to evaluate the frameworks within which they operate. The result is that there is a lack of data in the legal field in Canada (and elsewhere) on the processes used . . . [more]

Posted in: Justice Issues

The Washington January 6, 2021 Insurrection, and Racism in Canada

[The Full-text of the following summary can be downloaded from the SSRN (Feb. 1, 2021).]

The riotous insurrection at the Washington Capitol building on January 6th is a good example of this truth: “The strength of a nation’s rights, freedoms and rule of law lies not in its Constitution but in its politics.” On January 27, 2021, the U.S. Department of Homeland Security issued a “National Terrorism Advisory System (NTAS) Bulletin,” warning of, “a heightened threat environment across the United States,” and, “violent riots have continued in recent days,” and, “ideologically-motivated actors” could incite further violence. But President . . . [more]

Posted in: Justice Issues

A Canadian Model for Bridging the Private Governance of Online Speech in the Wake of New Privacy Proposed Legislation

We are witness to a parallel or alternate dimension where the constitutional rights democratic nations have toiled to enshrine and interpret, including freedom of speech, can be effectively – and imperceptibly – bypassed. While this situation prevailed prior to COVID-19, the pandemic has fast-tracked erratic private mediation of expression out of sheer necessity.

Questions respecting social media platforms’ ad hoc or arbitrary reactions to sensitive matters abound, including Twitter’s unprecedented restraint of the New York Post’s Hunter Biden piece and Facebook’s slowdown of the story.

Presumably recognizing some degree of state-like responsibility, platforms are deploying algorithmic decision-making tools and . . . [more]

Posted in: Justice Issues

Justice Is Missing the Boat

The year 2020 will go down in history as the year when much changed. One thing seems to remain constant: the fact that the justice sector is slow to change. As a consequence, it seems to be missing a rather big boat.

Good things often come out of bad things. It is no different with the current crises we face. In its 5 December issue, The Economist carries an article that sets out how the pandemic is leading to unprecedented innovation and investment in the health sector. It sees the dawn of “the next trillion-dollar industry”. Patients are . . . [more]

Posted in: Justice Issues

How the Law Abandons Those Who Speak Up in the Public Interest

On December 3, my new report titled Whistleblowers Not Protected: How the Law Abandons Those Who Speak Up in the Public Interest in Alberta was published by the Parkland Institute. The report looks at whistleblowing in a broad sense, meaning anyone who either publicly or anonymously discloses information that is in the public interest.

The report considers not only the gross deficiencies of Alberta’s whistleblower protection legislation but also looks at the need for both anti-SLAPP legislation, and a journalist shield law to protect confidential news sources.

The week before the report, a major controversy erupted in Alberta politics over . . . [more]

Posted in: Justice Issues, Practice of Law