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Archive for ‘Columns’

The Sheriff of Notconsideringyouham: Draft Better Policies by Starting With the User

Sheriff of Nottingham: “Locksley! I’m gonna cut your heart out with a spoon.”

Robin Hood: “Then it begins.”

Later, Sheriff of Nottingham’s cousin, Guy of Gisbourne, asks a good follow-up question: “Why a spoon, cousin? Why not an axe? Or…”

Sheriff of Nottingham: “Because it’s DULL, you twit. It’ll hurt more.”

(Robin Hood: Prince of Thieves (1991))

There are a few surprising issues worth discussing: 1. Robin Hood: Prince of Thieves is nearly 35-years old; 2. Robin Hood: Prince of Thieves only has an IMDB rating of 6.9/10 (I wholeheartedly disagree); 3. The Sheriff of Nottingham, though a character derived . . . [more]

Posted in: Practice of Law

Digital Justice: Rural Communities and the Access to Internet Problem

A key barrier to accessing justice in rural and remote communities is the lack of high-quality, reliable Internet. According to Statistics Canada, households in rural areas are nearly twice as likely to lack home Internet access and are almost ten times more likely to cite poor Internet quality as the reason for not having it.[1] Over the last few years, much of the legal world has shifted from the physical to digital space. Those unable to access information or services online are increasingly at a disadvantage. This means that there are potentially millions of Canadians who cannot access justice . . . [more]

Posted in: Justice Issues

Bridging the Gap: How to Ensure Client Understanding in Legal Communications

The most brilliant legal strategy means nothing if your client doesn’t understand it. Yet as lawyers lean toward complexity and precision, clients need something different. Lawyers sometimes forget that effective communication isn’t just about being right – it’s about being understood.

When clients do not understand the advice they are receiving, the consequences can be far reaching. Misunderstandings can lead to poor decision-making, unrealistic expectations, and ultimately, dissatisfied clients.

Consider a client who doesn’t understand why a particular settlement offer should be rejected and pushes for acceptance or one who doesn’t grasp the timeline of litigation and becomes frustrated with . . . [more]

Posted in: Legal Marketing

Bug-Free Society

I dream of a society free from bugs. Nothing ruins a fire on a summer night more than a swarm of mosquitoes and blackflies, pricking me, injecting poison, freeing my blood from its rightful domain. Who welcomes the skin-critters prompting you to slap yourself on the face for a modicum of peace? Not me, and I venture, not you, my dear reader! What sins did I commit to warrant the devil’s plague? Put me instead in a white glass box, protected from the bugs, air conditioned, quiet, an entirely civilized and human invention. Surround me with the plush pleasures of . . . [more]

Posted in: Practice of Law

2025 CALL/ACBD in Calgary: Moving Mountains Together

In May 2025, I had the pleasure of attending the Annual Conference of the Canadian Association of Law Libraries (CALL/ACBD) in the city of Calgary. This marked my fourth time participating in this dynamic professional gathering, and as always, I left inspired, energized, and deeply connected to a community that continues to shape the future of legal information in Canada. This year’s theme, Moving Mountains Together, felt especially timely. It reflected not only the geographic grandeur of the province of Alberta but also the metaphorical mountains that law librarians and legal research professionals face—Artificial Intelligence, Access to Justice, inclusive . . . [more]

Posted in: Legal Information

Another Brilliant Idea! the Hidden Dangers of Sycophantic AI

Author’s Note: After I wrote this column, but a couple of days before it was published, Open AI upgraded its GPT Chatbot from version 4 to version 5. Among the negative reactions to the change was a sense that ChatGPT-5’s artificial personality had becomes more distant and less complimentary. As you’ll see below, I don’t think that’s a problem. But there are early indications that Open AI might tweak the model again to reintroduce the earlier version’s “warmth,” which would make my warnings below more relevant again.

Something that many people have expressed concern about, when it comes to using . . . [more]

Posted in: Legal Technology, Practice of Law

The Right to Repair

The Copyright Act imposes liability for circumvention of technical protection measures (TPMs). Technical protection measures are defined in Section 41 of the Copyright Act as any effective technology, device or component that (a) controls access to a work; or (b) restricts the exercise of the exclusive rights of the copyright owner, such as reproducing or publishing the work. A person circumventing a TPM can be found liable, regardless of whether the circumvention is for an infringing or non-infringing purpose.

The liability for unauthorized access or circumvention of a TPM may be substantial. The Federal Court awarded over $ 12 million . . . [more]

Posted in: Intellectual Property

Self-Represented Victim-Survivors of Family Violence Walk a Hard Road

Navigating the legal system is challenging for any self-represented litigant (SRL), but for victim-survivors of intimate partner violence (IPV) or family violence, it can also be deeply retraumatizing. Without a lawyer, SRLs are directly exposed to the adversarial nature of the court process, where abusers can continue harassing victim-survivors through aggressive and oppositional tactics. At least 40% of family law litigants self-represent, often because they earn too much to qualify for legal aid but not enough to sustain representation. Abusers exploit this financial vulnerability, hoping that financial hardship will force their victims to give in—particularly in custody and support disputes. . . . [more]

Posted in: Justice Issues

Your Feelings, Their Profit: How AI Misreads Your Emotions and Sells Them to the Highest Bidder

As humans, we tend to navigate the world through emotion: quietly, instinctively, and sometimes unconsciously. What are emotions, if not the very fabric of how we live in the world? They’re how we feel, of course, but are also how we communicate, often without even realizing it. They drive our decisions: in relationships, in politics and in marketplaces. They connect us to each other and shape how we understand ourselves. But emotions are also deeply personal. While our faces might betray a flicker of joy or sadness, only we know the full story; the nuanced reasons why we feel what . . . [more]

Posted in: Justice Issues, Legal Technology

Resolute Advocacy and Government Lawyers

In recent months, there have been several reports of lawyers for the US Department of Justice facing employment consequences for what the US Attorney General describes as failures of zealous advocacy. While I cannot speak to the US context, it seems worthwhile and timely to reflect on the role of zealous (resolute) advocacy for Canadian lawyers, including government lawyers.[1] Here I synthesize what I think is a fair consensus view in the Canadian context and then add some important points on which there is less consensus.[2]

The Consensus

Yes, government lawyers, like all lawyers,[3] unquestionably have a . . . [more]

Posted in: Legal Ethics

In Defence of Med-Arb in Estate Disputes

In the May 2025 edition of ADR Perspectives, Marco Abruzzi a med-arbitrator in Victoria, B.C., makes a strong case for Med-Arb as an Effective Mechanism for Resolving Wills & Estates Disputes, concluding,

Med-Arb presents a compelling solution for resolving estate disputes, offering an effective balance between the flexibility of mediation and the finality of arbitration. By increasing the chances that disputes are resolved efficiently, privately, and with minimal damage to family relationships, med-arb is an ideal method for estate conflict resolution. As estate disputes continue to grow in complexity and cost, Med-Arb should be considered as a potential alternative

. . . [more]
Posted in: Dispute Resolution

Writing About Indigenous Peoples in the Canadian Legal Context: An Interview With Kelti McGloin

This month I interviewed Kelti McGloin, our brilliant Library Intern at the Sir James Dunn Law Library, about the development of her style guide, Best Practices for Writing About Indigenous Peoples in the Canadian Legal Context: An Evolving Style Guide for the Schulich School of Law at Dalhousie University.

Share a bit about your background and interests.

I am currently a Juris Doctor and Master of Information candidate at Dalhousie University’s Schulich School of Law expecting to graduate in spring 2026. Before attending law school, I spent a year at the University of King’s College and finished my undergraduate . . . [more]

Posted in: Legal Information

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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