The family justice system masks family violence. There does not seem to be a dominant consideration of safety, including where there is family violence, beyond the best interests of a child analysis giving primary consideration to the child’s safety (see: Divorce Act, RSC 1985, c 3 2nd Supp, s 16(2)). Research shows that lawyers will advise their clients not to raise family violence as an issue, for fear of retribution and because the justice system does not recognize it properly. When women do make claims of family violence, abusers will make counterclaims of alienation (as an excuse for why the . . . [more]

Before I became a lawyer, I had this naive T.V. inspired understanding of the justice system. Anyone who went to court had a lawyer to advocate for them, unless they were nuts or had a genius level intellect, but in either case the gallery would gasp when the self represented litigant announced, “I am representing myself”.

However, the reality I came to know after becoming a lawyer myself is that the majority of people engaging with the Canadian justice system have no choice but to represent themselves at some stage in their legal proceedings.

Since taking on my first family . . . [more]

The task of a [decision-maker] is to find the golden mean, to “decant and simplify,” to synthesize the evidence and make the necessary findings; the task is not to be a court reporter.

Welton v. United Lands Corporation Limited, 2020 ONCA 322

Writing is one thing, but rewriting is the real messy thing.

William Germano, “On Revision: the only writing that counts”

Courts are very good at giving advice to administrative decision-makers on how to write reasonable decisions, but often that advice is too general. In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (at . . . [more]

At an early point in my career as a librarian, I became exasperated with colleagues who loved teaching legal citation, and I proposed holding a ceremonial burning of some copies of the Bluebook: A Uniform System of Citation at the end of that year of law school. I still believe that our students might find it cathartic to burn their bluebooks just before graduation. Thankfully, my colleague reminded me that book burning is antithetical to the core values of librarianship, and over time I hated citations less as I began to understand them better.

This week I found myself unexpectedly . . . [more]

We are living in a world of protests against COVID restrictions, “freedom convoys”, imminent war over Ukraine, and protests about many serious issues including climate change, social injustice, racism, residential schools…the list could go on an on. Humankind is facing complex challenges and our response is increasingly to divide into factions, engage in “othering” and escalate conflict. I often don’t want to listen to the news or open my news app for fear of hearing about yet another form of deep cultural and structural divide.

I’m a seeker of peace. As a staunch advocate of effective conflict management techniques and . . . [more]

It was some years ago that I first came across the “House of Butter” blog, set up and run by Sean Hocking and forming part of Australia-based www.practicesource.com. Sean has made many Slaw contributions, so the origins of and thinking behind House of Butter are recorded in several articles, particularly in the period 2010-2014. Prior to Practice Source, he had established and published the regular PDF alerting service, Law Librarians News.

Our first exchange may have been after I read a piece from him which, I thought at the time, may have been a little dismissive or disrespectful . . . [more]

Jane is sitting with her partner at the dinner table, but her thoughts are miles away. She is thinking about an offhand comment she made to a client and worrying about how this could become a significant problem. Maybe he will complain and ask the partner to take her off the file. Perhaps the partner will complain to others and drop her from other files. Could she get fired?

Jane is so anxious she can’t get to sleep. She returns to work the next day expecting the worst, but nothing happens. There are no complaints. Later in the week, the . . . [more]

Last year I was interviewed by Dominique Garingan for her dissertation on algorithmic literacy, and thought I would share my thoughts that arose in relation to that conversation with you here too. She also published an article about her dissertation findings in the most recent issue of Canadian Law Library Review: “Advanced Technologies and Algorithmic Literacy: Exploring Insights from the Legal Information Profession“.

Merriam-Webster Dictionary defines “algorithm” as “a step-by-step procedure for solving a problem or accomplishing some end“. Algorithmic literacy, in turn, is the understanding of how computer systems apply algorithms so that users . . . [more]

In most cases, privacy and confidentiality are recognized as important benefits of mediation and arbitration, but they are not unconditional.

In a recent family law case, the Supreme Court of Canada has again reminded us that there are limitations to the confidential nature of mediation. In particular, mediation communications may be disclosed to prove the existence and terms of a mediated settlement.

Association de médiation familiale du Québec v. Bouvier, 2021 SCC 54, involved a dispute between former spouses over a number of separation, child custody and support issues. In Quebec, the provincial government makes mediation widely available . . . [more]

Most legal research is done online through a combination of open and subscription databases. Legal information is available at our fingertips through Justice Laws, LEGISinfo, CanLII, Westlaw, Lexis, ProView, SOQUIJ, [insert your preferred database here], and the list goes on. The availability of electronic resources has radically changed—and will continue to change—the way legal professionals conduct research. However, despite my enthusiasm for the improved accessibility and retrievability, I think the lack of engagement that new legal researchers have with print resources creates comprehension issues. The disconnect between a source’s print and electronic formats reduces their understanding of the process used . . . [more]

The specialized knowledge and training of lawyers is supposed to make them uniquely positioned to engage in the practice of law. But it also underlies a fundamental assumption about the workings of litigation — that lawyers work with and against other lawyers who are equally trained and well-matched. Such an assumption underscores the functioning of the adversarial system, the ethical duties of lawyers operating within it, and the legitimacy of the outcomes reached in the adversarial system.

However, the validity of this operative assumption may be undermined by certain practical realities — whether most lawyers in the adversarial system are . . . [more]

Very few lawyers in modern law firms devote much attention to whether their firm will still be around a generation from now. They’re far more focused on the next hour to be billed, the next call from the client, and the next round of draws and bonuses. They’re immersed in today, and as far as they’re concerned, tomorrow — and the law firm — can take care of itself.

But if you’re taking the time to read this column, then you’re different. You’re one of the few people giving serious thought to whether the firm will still be around in . . . [more]