Why are some restaurants great, while others are so lousy? The great ones don’t usually have better ingredients in the kitchen, or better written policies, or even more talented people.

Usually, they have better culture. The folks leading and working in great restaurants have developed expectations, attitudes, and social practices that produce terrific results, night after night.

What if the same is true of justice systems? Maybe culture is the reason why some courts, tribunals, and segments of the bar consistently produce substantively just outcomes after processes that are quick, affordable, and procedurally fair. And maybe culture is the . . . [more]

While there may be growing consensus about the fact that self-represented litigants (SRLs) are often unsure of court procedures and processes, a recent decision from the Yukon Court of Appeal highlights the significant implications for SRLs who are struggling, and the responsibility on other justice system players to make the process as transparent as possible. In LK v DD, the respondent in a family law application was successful at the Yukon Court of Appeal in overturning family law orders made at a summary trial of the parties’ applications and cross-applications. The Court of Appeal determined that the respondent had . . . [more]

The August 2024 prisoner exchange involving Russia, the United States, and several other countries has been lauded as a triumph of international diplomacy. Foreign hostages were not the only people released by Russia. Rights advocates were joyfully surprised and relieved that several Russian human rights defenders and political prisoners were released as part of the deal.

The August hostage exchange remains darkly tinged with the reality that Russia continues to hold over 1,300 prisoners on politically motivated charges. Worldwide, wrongfully detained people number at least a million. Authoritarian governments also conduct extraterritorial harassment to silence dissidents living abroad.

This column . . . [more]

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]

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]

At a recent conference in Montreal, individuals and organizations involved in access to justice across the country gathered to present current research, share initiatives, and build a strong foundation of knowledge. The conference was grounded in a people-centred approach to access to justice, shaped in part by the OECD Framework and Good Practice Principles for People-Centred Justice.[1] Within this approach there is a common understanding that if we are to improve access to justice we need to include, and in fact, elevate, the voices of those attempting to access justice, both in terms of their challenges, and their experiences. . . . [more]

On August 17, 2014, fifteen-year-old Tina Fontaine was found dead in Winnipeg’s Red River. It had been over two weeks since Tina was reported missing. Among the more disturbing details of Tina’s death was the fact that in the twenty-four hours prior to her disappearance, she had been seen by child welfare workers, healthcare professionals, and police officers. How did a system that is purportedly built to protect Canada’s most vulnerable fail Tina at every step? As a member of Sagkeeng First Nation, Tina’s story is not only part of the humanitarian crisis of Missing and Murdered Indigenous Women . . . [more]

For decades, the ideas of equality, justice, and human rights have been the core pillars of Canada’s national identity. However, the reality embedded within our criminal justice system creates a significant obstacle to the actualization of those ideas. Overrepresentation of Indigenous and Black individuals in Canadian jails and prisons, and systemic racism in the criminal justice system, have been well documented in numerous studies and inquiries.[1] The Ontario Court of Appeal acknowledged this systemic issue over thirty years ago in R v Parks, 1993 CanLII 3383. This necessitates a pressing reconsideration of the “public interest” test used . . . [more]

British Columbia’s government is currently fighting the Law Society of British Columbia (LSBC) and the Trial Lawyers Association of British Columbia (TLABC) over BC’s new Legal Professions Act (Bill 21). They and others see Bill 21 as unlawfully terminating the independence of the profession of lawyers. Bill 21 also serves as a case study in the failure of democratic law-making.

As I write, faces of lawyers from other countries flash through my mind – lawyers who have suffered exile, criminalization, imprisonment, threats, attacks, murder, or enforced disappearance to silence their legitimate advocacy. In countries without a . . . [more]

On May 21, 2024, the International Tribunal for the Law of the Sea delivered a groundbreaking advisory opinion on state parties’ climate change obligations under the United Nations Convention on the Law of the Sea (UNCLOS).

The unanimous opinion found that state parties have legal obligations to implement measures to prevent, reduce and control greenhouse gas (GHG) emissions, including by enacting laws and regulations. In developing those measures, states must consider the best available science and international treaties like the Paris Agreement and the United Nations Framework Convention on Climate Change (UNFCCC).

This is the first time an international court . . . [more]

A growing number of initiatives in the healthcare sector in Canada and in other jurisdictions facilitate access to care beyond what might be considered a medical intervention. The Social Medicine Supportive Housing Project at Toronto’s University Health Network (UHN) stands out as a prominent example in the Canadian context. In 2019, UHN launched a housing project to build homes on its lands with a view to prescribing housing to dozens of patients for whom chronic homelessness and housing precarity translate into thousands of emergency room visits every year. A 2023 article in Maclean’s Magazine discusses the UHN project, which was . . . [more]

The last two years have seen excessive hype over the text generation functions that large language models facilitate, which doesn’t need to be remarked on here more than it already has. But, I do think it’s important to note that applications like word processors and email have been transformative for the practice of law and other knowledge work over the last 40 years, and this can be considered an expected continuation of this long term trend.

These types of tools all reduce the friction involved in creation of documents and mean that written material can be produced more quickly and . . . [more]