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Archive for ‘Columns’

A Little Rigour Can Go a Long Way… Reflecting on Research Methods in Access to Justice

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]

Posted in: Justice Issues

Proposal Writing for Legal Professionals

The ability to craft compelling proposals is not merely a skill but an art form. Whether responding to a request for proposal or proactively seeking new business with unsolicited proposals, the process demands finesse, strategy, and a deep understanding of client needs.

Why Proposals Matter

Proposals represent more than mere submissions; they represent an opportunity for your firm to stand out among your peers. Each proposal is a testament to your expertise, understanding of client needs, and a roadmap to solutions. Crafting a proposal is about showcasing capabilities, forging trust and establishing credibility with prospective clients.

Crafting a Winning Proposal . . . [more]

Posted in: Legal Marketing

A Relationship Model of Dispute Resolution

Do you know where the word “trial” come from? Its origins date back to the 12th-century French word trier, meaning “try,” “pick out,” or “cull.” By the 15th century, it referred to “an examination before a court” or “putting to proof by examination.”

But interestingly, and not accidentally, by the 16th century the definition of “trial” had grown to include “being subject to affliction or trouble through experience.” Today, it also commonly refers to an “ordeal,” with equally fun synonyms like “hardship,” “suffering,” and “nightmare” — any of which would probably resonate with the average recent litigant.

Trials aren’t . . . [more]

Posted in: Practice of Law

Reflecting on the Status of Indigenous Child Welfare in Canada on the 10th Anniversary of Tina Fontaine’s Death

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]

Posted in: Justice Issues

Judicial Recusal at the Supreme Court: More Transparency Needed

Justice Jamal and the Supreme Court deserve passing marks for their transparency in addressing the request by the Quebec Government that the judge recuse himself in Quebec Secularism Law (Bill 21) case. This is in sharp contrast to the “F” that almost every commentator would give the high court for its dealings with the complaint against Justice Russell Brown in 2023 (see for example this scathing critique from Professor Geoff Sigalet).

Just to remind readers, the Supreme Court’s strategy in that instance was to say nothing and hope no one noticed that Justice Brown did not sit on any cases . . . [more]

Posted in: Legal Ethics

Tips Tuesday: Researching Legislation in BC

If you need to research legislation in British Columbia, Gail Nash’s publication Legislation Made Easy has now been made freely available on BC Laws. 

This publication, well known to law librarians, is “a guide to the complexities of the various aspects of statutes, regulations and orders.” It covers such things as the legislative process, how bills, regulations and orders come into force (along with helpful flowcharts) along with some helpful definitions.

Susannah Tredwell . . . [more]

Posted in: Legal Information

From Game Rooms to Courtrooms: How Virtual Reality (VR) Is Changing the Legal Landscape

“Jury Duty” is a courtroom spoof-comedy reality show where the only victim is Ronald Gladden, who thinks he’s going to be a juror. Ronald is “picked” as a juror in a civil trial, except he is the only one who isn’t in on the theme of the show. The judge, counsel, fellow jurors, and witnesses are all actors, but Ronald is not. In one scene, the competent plaintiff’s counsel presents a kind of virtual reality reenactment of the scene which is the subject of the civil litigation, and it truly impresses the jurors. The bumbling counsel for the defense does . . . [more]

Posted in: Practice of Law

Unshackling Justice for Black and Indigenous Communities in Canada: Reimagining the “Public Interest” Test in Criminal Prosecutions

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]

Posted in: Justice Issues, Legal Ethics

A Seismic Shift in Regulation of BC Lawyers: A Case Study in the Failure of Democratic Law-Making

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]

Posted in: Justice Issues

Fostering the Development of Junior Lawyers: Embracing Feedforward and Reframing Feedback

Shutting down her computer for the day, Mary noticed how anxious she was. Yet again, she had received no feedback on the legal opinion she had drafted for the partner, and she was beginning to worry if her job was in jeopardy.

In law firms, far too often, “no news is good news.” You will hear what you did wrong or badly but are much less likely to hear what went well.

In the demanding field of law, nurturing the growth of junior lawyers is essential for their professional advancement and the firm’s ongoing success. And if you are taking . . . [more]

Posted in: Practice of Law

Canada Has a New Open Access Legal Citation Guide

The Canadian Open Access Legal (COAL) Citation Guide/Guide canadien de la rérence juridique en accès libre (RJAL) is now available: https://canlii.ca/t/7nc6q

Over the course of two years, law librarians from across Canada worked together to create the COAL-RJAL Guide. The English version of the Guide is now freely available and hosted on CanLII (2024 CanLIIDocs 830), and the French version is in progress. The Guide is intended to be used throughout the legal field and incorporates feedback contributed by reviewers from Canadian courts, law firms, law journals, law societies, and law schools.

The COAL-RJAL . . . [more]

Posted in: Legal Information, Legal Publishing

How Hard Could It Be to Write a New U.S. Bar Exam?

The bar examination landscape in the United States seems to be in a state of upheaval. The National Conference of Bar Examiners (NCBE) is in the midst of developing a new bar exam, called the Next Gen Bar. Meanwhile, California’s State Bar considered scrapping NCBE entirely and hiring Kaplan to write an exam for California.[1] Though California has now paused this plan, it’s clear that they were looking for other options and thought it might be possible to write a new exam.

I once heard a teaching expert joke that she could teach anything. She would take a bet . . . [more]

Posted in: Legal Education, Legal Information

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