When a stranger breaks the rules in a scary way, it is always tempting to banish them.

This old-fashioned word might suggest disgraced medieval nobles driven from of their kingdoms. But banishment occurs whenever a person is cast out from what used to be their home or social group.

A few examples of modern-day banishment:

• Expelling high school students who have committed acts of violence is a straightforward way to show “zero tolerance” for their misbehaviour. Doing so is often welcomed by other students and parents who have suffered from the misbehaviour.
• If unhoused people are or might

Civility and its importance are contested in the Canadian legal profession and the Canadian legal academy. [1] Moreover, civility and the broader concept of professionalism have a shameful history as exclusionary concepts with significant negative impact on the ability of members of equity-seeking groups to join the legal profession and succeed in the practice of law. [2] The contemporary complexities of civility and professionalism remain problematic.[3] And even at its pinnacle, the civility movement had its critics as well as its supporters.[4] In the aftermath of Law Society of Upper Canada v Groia, the movement may not . . . [more]

If you had asked both a Canadian and an American, in the last several weeks, “What do you think about the mess at the country’s largest legal regulator?”, you would’ve had two separate conversations about two separate messes, which together speak to a single big problem for lawyer self-regulation.

The Canadian would assume you were speaking about the March dismissal of Law Society of Ontario CEO Diana Miles, following the submission of a confidential report to the LSO’s Board of Directors (Convocation) from a retired judge into a significant and unapproved salary hike arranged without the knowledge or approval . . . [more]

Territories have the unique characteristic of being both in and out at the same time. Despite their massive differences in all areas, you can easily spot the “territory” due to this in and out feature. Whether they are called a special administrative unit, dependency, self-governing, autonomous nation, outermost/overseas department, etc., once you have identified this in and out cycle, it’s fair to assume that you’re working with a territory, despite the elaborate names these places tend to have.

Let me explain what I mean by an in and out cycle. Usually, recent events, either in the territory itself or external . . . [more]

I was recently speaking with someone about the Internet’s “Eternal September”, which is the concept that starting in 1993/1994 so many new users started using the internet that it could never settle into the online equivalent of November on campus, when people have figured things out where their classes are and where to get the sandwiches they like for lunch. From the perspective of 30+ years later, with no indication that the phenomenon has slowed, wearing a t-shirt saying that the internet was full in 1993 seems to lack, if not imagination, then at least prescience. However, the cultural . . . [more]

An email from a faculty member at the University of Toronto on the topic of AI made the rounds at law schools across Canada recently. It’s about using AI on final exams.

It points out that if a student has an app already open when they launch Examplify – the software most schools use to administer exams – they will have access to that app while writing the exam. This could be a browser with Lexis+AI or the app version of ChatGPT, which would still be online during the exam.

To avoid this, the company that makes Examplify advises running . . . [more]

Donald J. Trump’s second term as President of the United States has stunned the world. Commentators increasingly say the US has now crossed the Rubicon into authoritarian territory.

While some say Trump’s actions are erratic, a closer look reveals a methodical attempt by his administration to dismantle a broad range of US institutions and agencies and to suffocate international institutions, universal human rights, and the rule of law. The breakneck speed, scope, and impact of the Trump administration’s actions through Executive Orders and directives has created a chaotic atmosphere of uncertainty and fear around the world.

Checks and balances . . . [more]

CanLII recently unveiled a new interface with the most obvious change being the introduction of a an interactive sidebar for case law and legislation. The sidebar replaces the tabs that used to be located at the top of a page; they include such things as case history and treatment, cited documents, regulations, and AI analysis. The goal of the change was to make legal research on CanLII more efficient, since researchers can see this additional information without moving to a new page.

Clicking on the AI summary in the sidebar provides a helpful overview of the facts of the case, . . . [more]

One of the most uncontroversial openings to this article I can offer is this: we are in uncertain and stressful times. Trade war? Check. Measles on the rise? Check. AI bringing untold and unpredictable change to the world? Check.

When surrounded by change and uncertainty the best advice I can offer is take hold of what you can control of your life and engage with what you can influence.

I can control the topic of my SLAW article this month and I am choosing to use this podium to encourage law firm partners to grasp hold of what you can . . . [more]

In the world of research, journal publishers are occasionally compelled to “retract” a published article. It may contain errors that posting a “correction” won’t sufficiently address, may utilize falsified data, may have been published elsewhere, may have been plagiarized, or may have been otherwise compromised. Yet the retracted paper does not disappear. It retains its place in the journal, while being stamped “Retracted” on page after page, along with an explanation. This reflects how the act of publication, when it comes to research, constitutes the official record. Publication is “performative,” according to speech act theory, like naming a ship . . . [more]

It’s hard to keep up with the pace of change/disruption in the United States these days, but much of it is the culmination of a longer trend of an attack on due process rights that is clearly set out in a new book by Professor Brandon L. Garrett – Defending Due Process: Why Fairness Matters in a Polarized World. There are some lessons in this book for Canadians as well.

I talked to Professor Garrett about the origins of the book:

… It used to be that procedural fairness to concepts were central to legal education. … But over

In my last post, Reconciling the Need for Empathy with Low EQ, I stressed the importance of empathy for effective communication. Empathetic lawyers can understand their client’s emotional state and perspective, allowing them to tailor their communication style and explain legal jargon in a comprehensible way. This results in higher client satisfaction and likely less errors.

Strong emotional intelligence is needed to be an empathetic communicator. However, studies show that many lawyers, me included, don’t naturally have high emotional intelligence. This is a skill that can be learned and honed, but how exactly?

In my quest for self-improvement I’ve . . . [more]