It has been nearly six months since Chief Justice Morawetz called for an overhaul to Ontario’s Rules of Civil Procedure. One hopes that the delay in starting the process means that change will be more fundamental than a simple rewriting of the Rules. As I wrote shortly after the Chief Justice’s speech at the opening of the courts in October 2022, tinkering with the Rules will not address the access to justice crisis that has been staring us in the face for decades.

Since the changes to the Rules in 2010, cost and delay have simply increased. The principle . . . [more]

Next month’s Bencher elections at the Law Society of Ontario likely will mark a turning point in the regulation of legal services in Canada.

As you’ve probably heard, this is the first Bencher election in Canada to feature rival factions of candidates seeking office, each with political and governance views deeply hostile to the other. I have no idea what the outcome will be; but I believe the damage to the Bencher election model has already been done. One way or another, major (and overdue) changes are coming to the governance of Canadian legal regulators.

The sight of lawyers and . . . [more]

This may sound like a very niche question, but it was one where the answer was not immediately obvious. (The short answer, as it turns out, is “Saskatchewan, The Queen’s Bench Rules” or “Saskatchewan, The Court of Appeal Rules”.)

While the McGill Guide explains how to cite rules of court, it does not include the Saskatchewan rules in its examples. McGill suggests including the indexing information, but the Saskatchewan rules are not regulations (unlike the court rules in other jurisdictions.)

According to the extremely helpful Ann Marie Melvie, the librarian at the Court of Appeal for Saskatchewan: . . . [more]

A user-centred tribunal process is a necessary condition of improved access to justice. But it is not a sufficient one. You also need the process codified in rules that ordinary people can understand.

Tribunal rules of procedure are meant to guide users through the process the tribunal has designed to resolve the disputes before it. If the tribunal has an adjudicative mandate, then the dispute often involves two parties, and the process is usually adversarial.

The conventional approach does not work for users

Although they are intended to guide users, the rules are not typically written for the parties involved . . . [more]

This submission is part of a column swap with the American Association of Law Libraries (AALL) bimonthly member magazine, AALL Spectrum. Published six times a year, AALL Spectrum is designed to further professional development and education within the legal information industry. Slaw and the AALL Spectrum board have agreed to hand-select several columns each year as part of this exchange. 

Lessons from the SCALES OKN Project, Including its Cost, Data, and Development Challenges

With the increasing availability of electronic court records, many law librarians have seen more requests from their patrons to pull data from those records to answer . . . [more]

Some lawyers dread the idea of reporting a colleague in the bar to the Law Society. Others are all too eager to file complaints against other counsel, including out of spite or to try to bring down the “competition”. Most of these lawyers share something in common: they have no idea what their professional obligations are when it comes to filing law society complaints.

Not too long ago, I acted for a lawyer in a discipline hearing that stemmed from a complaint by another lawyer. These two experienced counsel had previously been respected colleagues, but for a variety of reasons . . . [more]

Disproportionate violence against Indigenous persons in Canada includes uncounted disappearances of Indigenous children, women, and men. Canada’s decades of failure to prevent and halt disappearances forms part of a long litany of grave international human rights violations against Indigenous Peoples. Continued reports of officially hushed-up violence lead to increasingly clarion allegations of genocide.

An unknown number of children remain unaccounted for after going missing from Canada’s notorious “Indian Residential Schools.” Hundreds – possibly thousands – of Indigenous women, girls, two-spirit, and others with diverse gender identities (2SLGBTQQIA) have disappeared without adequate investigation. Police have forcibly taken Indigenous persons . . . [more]

The Federal Court recently analyzed what portions of postal codes were personal information and how the data could be made suitably anonymous. Anonymizing data will become increasingly important under Canada’s proposed Consumer Privacy Protection Act and Artificial Intelligence and Data Act, currently at second reading as Bill C-27.

In Cain v. Canada (Health), 2023 FC 55, the Federal Court considered an application under the Access to Information Act for disclosure of postal codes and cities for licensees entitled to grow medical marijuana. The applicant sought access to the ‘Forward Sortation Area’, namely the first three digits of the . . . [more]

A New Year Has Begun! And good legal information keeps on coming from the law librarians at the Law Library of Congress. Here are some notes from the latest releases:

January 9th, Congress.gov top 22:

“We are always working to incorporate your feedback into making Congress.gov an even better experience. One major request was one of the biggest items that the Congress.gov team worked on last year: the new Congress.gov API (application programming interface).”

January 12^th, Foreign Legal Gazette update:

“In fall 2022, the Law Library of Congress added foreign legal gazettes for the countries of Niger,

Members of Parliament are expected to advocate for their constituents. However, when that MP is a Minister of the Crown (or a Parliamentary Secretary) there are limits on how far that advocacy can go.

Interference by a Minister in a particular case before a tribunal has long been considered as an inappropriate interference with tribunal independence. This self-evident rule of non-interference was recognized in a document prepared by the federal government in 2015: Open and Accountable Government: “Ministers must not intervene, or appear to intervene, with tribunals on any matter requiring a decision in their quasi-judicial capacity, except as . . . [more]

It is occasionally difficult to convince students of the wonder of research: you never know what you might find! At the same time, students who believe in that wonder sometimes believe that there can be no method at all, as magical research results must only lie at the end of long and tortuous journeys which can never be repeated or described. I believe that there are methods and patterns to research, but I also know that even while following simple principles the path of research often feels twisty. The One Good Case method is one of the simple principles that . . . [more]

The Supreme Court of Canada has heard several family law cases involving intimate partner violence (“IPV”) in which they erased the abuse. Pettkus v Becker, [1980] 2 SCR 834 is perhaps the most well-known family law example of the tragic consequences of ignoring a survivor’s experience.[1] Less well-known, are the cases developing the law governing domestic contracts. Beyond the obvious trauma inflicted on survivors whose cases are heard but whose experiences are ignored, is the question of what the implications are for the soundness of the law generated by ignoring IPV. One of the issues discussed in these domestic . . . [more]