In a recent speech to the world’s insurance companies, Mark Carney, the Governor of the Bank of England (and formerly of the Bank of Canada), warned of the risks of lawsuits “by parties who have suffered loss or damage from the effects of climate change [who] seek compensation from those they hold responsible.”

While not presenting such lawsuits as a sure thing, Mr. Carney alluded to multi-billion dollar lawsuits against the Asbestos industry and said that the risks of such litigation “will only increase as the science and evidence of climate change hardens.”

West Coast Environmental Law made a . . . [more]

On September 15, 2015 the Canadian Forum on Civil Justice (CFCJ) published Civil Non-Family Cases Filed in the Supreme Court of BC – Research Results and Lessons Learned. This study is one piece of a larger, five year “Cost of Justice” research initiative being undertaken by CFCJ with the goal of defining the economic and social costs of justice on two fronts: the cost of delivering access to justice, and the cost of not delivering access to justice.

The study was conducted by Focus Consultants of Victoria, B.C. in 2014 and 2015 in the Supreme Court of . . . [more]

The following national problem should be part of every party’s federal election platform: the majority of the population cannot afford legal services at a reasonable cost—the legal advice of a lawyer is not affordable.

This is the most serious and damaging problem that Canada’s justice system and the legal profession have ever faced.

The abundant in-depth analytical literature provides this definition of the problem: “The majority of the population cannot obtain legal services at reasonable cost.” Or, the legal profession has priced itself beyond the majority of the population.

It is a problem caused by the obsolescence of the . . . [more]

Will the National Energy Board (“NEB”) listen to evidence about climate change when deciding whether to permit an oil pipeline? No, no, and no.

The federal Conservatives have dramatically narrowed Canada’s environmental laws, in a concerted effort to force through approval of oil pipelines, to get Alberta’s bitumen to international markets. They did this through the infamous Omnibus Bills, especially C-38[1] in 2012. Among these changes were amendments to the National Energy Board Act[2] (the “NEB Act”), to limit public participation in NEB hearings. Now, Canadian courts have rejected constitutional challenges to these amendments.

Who will the NEB . . . [more]

Budgets have no bottoms. Promises know no bounds. No baby has gone un-kissed. It must be Federal election time in Canada.

With political pandering at a fever pitch and politicians tripping over themselves to promise the earth, moon and stars to an election-weary electorate, it is an ideal time to exercise some wish-list thinking when it comes to criminal justice reform.

For all the bumps and bruises suffered by the ruling Conservatives at least one aspect of their message continues to garner broad popular support – ‘tough-on-crime’. With the outlier exception of legalizing marijuana, only the most suicidal politician would . . . [more]

The Legal problems of Canadians are not evenly distributed. Data from the 2014 CFCJ survey – Everyday Legal Problems in Canada – indicates that a disproportionate percentage of persons who experience legal problems bear the burden of a significant amount of all legal problems— 10% of persons who have at least one legal problem experience 1/3 of all legal problems. Additionally, data indicates that a large cross-section of persons who experience legal problems are among the poorest in Canadian society. The CFCJ survey also confirms that overall, there is a high prevalence of everyday legal problems within Canadian society, with . . . [more]

Should young persons be optimistic about the future?

Does history set the context for the present and the future? Is the past prologue?

Based on history, I submit that a young person should be optimistic about our future.

Some of our history that supports an optimistic outlook are :

1. improvements in the health sciences and life expectancy;
2. the growth of educational opportunities;
3. the consolidation of governments;
4. the growth of democratic government;
5. the decline in violence over the centuries;
6. the decline of wars by the major powers;
7. the expansion of global trade.

1. Health:

In Canada our life expectancy has increased . . . [more]

A few days ago, on 11 August, the co-facilitators of the process that had to produce the successors to the Millennium Development Goals (MDGs) sent a letter to the President of the UN General Assembly that their mission had been accomplished. In diplomatic speak: an outcome document containing a draft of the Sustainable Development Goals (SDGs) had been adopted by consensus. In the diplomatic universe this means that the Heads of State and Government and High Representatives will rubberstamp the document when they meet at the United Nations Headquarters in New York from 25-27 September 2015 for the UN’s 70 . . . [more]

In an worldwide first, the Hague District Court has ordered the Dutch government to cut its greenhouse gas emissions (GHGs) by at least 25% compared to 1990 levels by the end of 2020. The decision, an English translation of which can be found here, has been widely reported and discussed (including in an interview on CBC Radio’s The Current with Dianne). It has rekindled hopes around the world that courts can spur governments into taking serious steps to deal with climate change.

Could a similar case be brought successfully in Canada?

Background:

The suit was brought against the Dutch . . . [more]

While on a family road trip in summer of 2013, I was ticketed for speeding on a stretch of highway west of Sudbury, Ontario. Being a lawyer, for the hours of driving that followed I could think of nothing but how to get the fine reduced or the ticket withdrawn. After all, the police speed trap was such that even the most cartoonishly-stereotypical of deep-south state troopers would be impressed by its audacity.

I was reminded of this episode when in preparation for a discussion with some Ontario judges on innovation in the courts, I came across a treasure trove . . . [more]

Our national, decentralized, legal aid system is an important part of the access to justice landscape in Canada. Because of the presence it commands within the justice system overall, legal aid has the potential to play a crucial role in expanding access to justice in Canada. Innovation has long been a defining feature of legal aid, driven by the perennial need to do more with less or, at least, with less than was required. As to what we mean by a “legal” problem, justice and access to justice evolve with innovation and new ways of thinking. Legal aid plans are . . . [more]

Thousands of years ago the Hebrew Bible records a practice of the ancient Israelites. Aaron, spiritual leader and High Priest, would select two goats designating one as a sacrifice for God while the other – designated by a red string tied around its neck – had the distinct misfortune of representing the nation’s sins and was cast off the precipice of a cliff; the original scapegoat.

Centuries later, far from the desert wilderness of the early Jews, Prime Minister Harper (along with a host of pundits, authors, and a sizeable portion of Canadians) has tied a similar crimson knot into . . . [more]