I’ve come to realize that I’m in the early stages of a political campaign to amend copyright for open science. It didn’t start out as a campaign. It began as a series of talks and meetings that followed from an (open access) book on copyright reform that I published this fall. Having worked out a proposal for copyright reform, I wasn’t interested in promoting the book so much as learning more about what was involved in advancing open access through such a process. Very early in the process, it was made clear to me that the law is not an . . . [more]

Why is the average powerpoint presentation painfully dull while the average musical is something theatergoers will pay loads of money to experience? How is it that the musical genre can take a topic like Alexander Hamilton or the six wives of Henry VIII and make textbook history into a memorable hit? Aside from the obvious advantages of singing, dancing, and glitzy costumes, the musical SIX gives us a clearly defined roadmap: we will tell you the stories of the six wives of Henry VIII, in order. This roadmap is repeated a few times during the show, cementing the women’s stories . . . [more]

As the fall law school term wound down, I found myself thinking about Peter Hogg. With the Alberta Sovereignty Act, the notwithstanding clause and Quebec and Saskatchewan unilaterally amending the Constitution, I’m sure I was not alone. When you teach Constitutional Law in this country, it is hard not to think about Peter Hogg. Like many, I was fortunate to have known Peter and although I never took a class with him, I very much consider myself a student of Peter Hogg. I benefitted from his mentorship and his teaching for two decades, until his untimely death in February . . . [more]

In late December, Slaw received two recommended Op-Ed submissions from David Tanovich‘s legal ethics class at the University of Windsor. Today, we’re running them both. 

With holiday dinners right around the corner, family drama seems unavoidable as the strains of proximity and unresolved grievances test relationships during gatherings. This was certainly the case for u/redpanda891, who took to Reddit to after a disconcerting family dinner: “[Am I the A**hole] for calling my sister’s husband a piece of s**t because he’s representing my ex in our divorce?”[1]

In particular, the fiduciary nature required of the lawyer-client relationship aggravates the . . . [more]

In late December, Slaw received two recommended Op-Ed submissions from David Tanovich‘s legal ethics class at the University of Windsor. Today, we’re running them both. 

One hundred and eighty days. That is how long Richard Catcheway, an Indigenous accused, sat in a prison cell for a crime he did not commit. Five to eight years. That is the prison term Casey McIlvride-Lister avoided by pleading guilty. Then we have Dinesh Kumar who avoided a life sentence by taking an offer of 90-days to be served intermittently. While factually dissimilar, Richard, Casey, and Dinesh share a connection: they were . . . [more]

When someone starts a conversation with “it is useful to return to first principles”, you know that things have been drifting a bit. The Ontario Court of Appeal recently used that expression when discussing the role of the court in labour relations matters (National Organized Workers Union v. Sinai Health System, 2022 ONCA 802). In this dispute, the National Organized Workers Union was seeking an interlocutory injunction to prevent Sinai Health System from enforcing a mandatory vaccination policy pending the arbitration of grievances that challenged the policy.

The first principles the court is referring to are of course . . . [more]

Focusing primarily on smaller acquisition targets, when professional publishing, or indeed any businesses are comparatively cheaply sold to and acquired by venture capitalists of one kind or another, it is hard to imagine that the motives, both for the vendor and the acquirer, though mostly the latter, are anything other than the crudest form of money-making. There may also be, of course, the characteristically politically reactionary and not always honourable inclinations, objectives and outcomes which might prevail in that world, to a greater extent than in others. Not that there is, necessarily and fundamentally, anything strange or surprising with all . . . [more]

The U.S. mid-term elections are almost over except for the litigation from sore losers. The new Congress will be more diverse and probably more divisive. The old Congress is working on finishing up business by the end of the year, including funding the government. I’m hoping the new Congress will be able to work better together, but I am not betting on it.

The Law Library of Congress continues to post accurate and timely legal information on a variety of subjects in their In Custudio Legis blog. On November 30^th Michael Chalupovitsch, a Foreign Law Specialist at the Law . . . [more]

If a lawyer physically or sexually assaults their intimate partner, they may be penalized by their governing law society for conduct unbecoming a member of the profession. If a lawyer commits systems abuse while self-representing, the behaviour may amount to professional misconduct. However, if a lawyer in their representative capacity acts as a tool of abuse on behalf of their client, it seems as though they are unlikely to be found guilty of professional misconduct for their role in the intimate partner violence (“IPV”). To be sure, their professional conduct may be subject to judicial admonishment and even costs consequences; . . . [more]

From December 7-19, the 15^th meeting of the Conference of Parties (COP15) of the UN Convention on Biological Diversity was held in Montreal. Among the discussions abuzz was how Canada, and the over 100 other nations who formally supported the call to protect 30% of the world’s lands and oceans by 2030 in order to prevent catastrophic biodiversity loss, would make this happen.

Canada has not only supported this call, but has pledged to meet this target in the G7 Nature Compact. Having the second largest land mass in the world, Canada has a large role to play . . . [more]

December 23, 2022. Time for a deep inhale and a longer exhale. You did it. You made it through another intense year.

Life these days is always some form of crazy. Change isn’t something that you have to handle once in a while. It is now part of the rhythm of daily life.

That said, there is much that remains constant. We love, laugh, help, care, and rest.

There is also so much within our control.

Who we choose to spend time with.

Where we place our focus.

What we do to celebrate.

As you read this, take a few . . . [more]

Over the past twenty years, an increasing number of former judges have returned to the practice of law. Increased life expectancy and better health, shifting cultural attitudes about retirement and potentially lucrative opportunities have prompted a growing number of former judges to resume work as lawyers. For example, between 2013 and 2018, 41 former judges applied to the Law Society of Ontario to have their law licenses restored.[1]

The primary responsibility for regulating the ethical and professional issues generated by this phenomenon lies with the Federation of Law Societies of Canada (FLSC) and the individual law societies. And it . . . [more]