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Archive for ‘Columns’

Human Progress

I married my wife in 1954. She confirms that over the 64 years of our marriage I have generally been an optimist about human progress. I am also an optimist about human progress in the future.

Steven Pinker in his book, Enlightenment Now (2018), argues that since the 18th century the ideas of the Enlightenment have resulted in significant human progress. The ideas are reason, science and humanism. Some areas of human progress include health, wealth, life expectancy, education, knowledge, expansion of the voting franchise, reduction of violent crimes and wars, elimination of child labor, reduction of severe punishments, and . . . [more]

Posted in: Legal Publishing

Giving Back and Gratitude

Everyone “gives back” in different ways. One of the ways I have tried to give back over the years is to serve on various Boards of Directors. Yesterday was my last day as a member of the Board of the BC Courthouse Library Society (CLBC). I leave with immense gratitude to CLBC, its board members and staff, realizing that whatever I was able to contribute to CLBC was eclipsed by the benefits that I gained in learning, expertise and experience.

One of the reasons I agreed to join the CLBC board was a chance to work with, and learn from, . . . [more]

Posted in: Dispute Resolution

Latest Legal Information Update From Washington DC

I am away from Washington for the summer, but I want to update you on some recent developments at the Law Library of Congress. If you have any questions about the information below or any other questions or suggestions, the law librarians there are available through their Ask a Librarian interface or their 24/7 chatbot.

In January a post in their In Custodio Legis blog announced an improvement to the search interface on Congress,gov. “The new Search Bar is what we used to refer to as the Global Search, which was present on almost every page. The new . . . [more]

Posted in: Legal Information

Protecting Journalistic Privilege

We rely on journalists to expose wrongdoings in society and provide facts and opinion that contribute to informed debate that lies at the heart of a vibrant democracy. Yet this enterprise is undermined and threatened on all fronts. With the internet, news is difficult to commodify and budgets for investigative journalism are meagre to non-existent. Access to information laws in this country are horribly outdated and ineffective. Whistleblower laws, while newer to the scene, are equally inadequate. Political debate is increasingly based on spin, misinformation, or outright lies, which media sources are more inclined to repeat than to investigate.

Journalistic . . . [more]

Posted in: Intellectual Property

Evolution of Traditional Law Publishing Marketing Techniques

I was asked recently to express some views on a topic on which I have never claimed any significant expertise, that of how to market books published on law and related professional topics (for the expertise, see the forthcoming 6th edition of Alison Baverstock’s book, How to Market Books). The fact that it still needs to be done by many publishers makes it a relevant issue but to some observers, perhaps a little distanced from the real world or simply in different types of publishing, it might seem odd that anyone should discuss such a topic at . . . [more]

Posted in: Legal Publishing

Preliminary Thoughts on Green, Groia and TWU

In the last thirty years, Law Societies have been parties before the Supreme Court of Canada in thirteen cases according to CanLII[i] [ii]. Four of these cases have been decided in the last fifteen months[iii]. While others will delve more deeply into this recent jurisprudence, it is interesting to take a preliminary look at the way that the Court has understood the role, responsibility and jurisdiction of the Law Societies. It is noteworthy that the court has been divided in each of these four cases.

In Green v. LSM [iv], the Court upheld mandatory suspension . . . [more]

Posted in: Legal Ethics

From Lexis, “Canada at 150: Building a Free and Democratic Society” and a New “Rule of Law Report”

Promoting awareness of what is being done and what can be done

My former colleague Jay Brecher has drawn my attention to the new Rule of Law Report published by Lexis Nexis. The company has long offered its support for the principle of the rule of law. More public service than corporate self promotion (although a bit of that too), Lexis has shown a genuine commitment to creating awareness of the efforts by the “little guy” to support the rule of law in Canada and elsewhere, as evidenced here by this new Rule of Law Report.

The inaugural issue reflects . . . [more]

Posted in: Legal Publishing

The Global Access to Justice Goal

We all need relationships with others to love, to be safe, to earn a living, to learn, to plan, and to be healthy and happy. Because we are human, these relationships can sometimes deteriorate or even break down. That’s when we need a good relationship management system. Which is what a good justice system should be and that’s why access to justice is so terribly important. We must therefore be thankful that 193 heads of government adopted Sustainable Development Target 16.3 in 2015: to ensure equal access to justice for all.

My past lamentations on these pages have been . . . [more]

Posted in: Practice of Law

The “Success” of Online Dispute Resolution in Europe

Readers expecting to glance at part 3 of our multi part Towards Cyberjustice retrospective will have to wait a few extra weeks since we felt it more timely to address recent reports coming out of the European Union following the two-year anniversary of the EU’s online dispute resolution (ODR) platform.

As a reminder, the platform was launched in 2016 as per Regulation (EU) no 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). As . . . [more]

Posted in: Dispute Resolution

Voluntary Associations: Courts, Mind Your Own Business. SCC: Okay.

*Update:* Since this post was written, the Supreme Court of Canada issued its decision in Law Society of British Columbia v. Trinity Western University, 2018 SCC 32. In short, the court upheld the law societies’ right to regulate accreditation of law schools, in the context of competing LGTBQ and religious rights.

Plus: We’re Not Done With Dunsmuir

During the playoffs, ice hockey is the delight of everyone, to paraphrase Brown J in Canada (Attorney General) v. Igloo Vikski Inc., [2016] 2 SCR 80. But who is the greatest hockey player of all time? The Hockey Writers weighed in . . . [more]

Posted in: Administrative Law

See No Evil? Could “Innovation Waivers” Help Break Roadblocks to Reforming Legal Service Delivery?

We need to be more creative and bold when it comes to legal service delivery. To use a well-worn, if ambiguous, phrase: we need to innovate! Among legal circles, this refrain has so thickly hung in the air for so long that it is almost baked into the wall-paper like its cousin refrain: there is an access to justice crisis!

The fact that we repeatedly hear about the need for legal service innovation and for improved access to justice does not, of course, mean that these are not important, pressing goals. To the contrary, there is compelling evidence to suggest . . . [more]

Posted in: Legal Ethics

Old School Thinking About Modern Technology

Tinker Toys have been around for over 100 years. I loved them as a kid. Maybe you did too.

Over the past few weeks I’ve encouraged audiences at a couple events to look at them as the fundamental building blocks of their professional aspirations and opportunities, as well as the ideal gateway to understanding the potential of innovative technologies. More than merely a collection of spools, connectors and dowels, Tinker Toys provide limitless ways of imagining how to take on challenges and get things done.

Look at this picture, and think of the tinker toys as the fundamental elements of . . . [more]

Posted in: Legal Technology

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada