History was made on June 26, 2020, in the Ontario Superior Court of Justice decision in R. v. Theriault.

It was a very detailed and meticulous decision that was well over 300 paragraphs long. It cited nearly 50 cases, and carefully went through the evidence and the law. But that’s not what made it noteworthy.

For the first time in Canadian history, the verdict was read out loud and live-streamed via Zoom on YouTube, to a massive audience. Over 20,000 people were reported to watch the verdict, which consisted of a judge reading his decision into a screen for the . . . [more]

Since mid-March, my husband and I have been trying to “stay safe, stay home”. But it wasn’t until May that I decided to try a jigsaw puzzle.

I’m now on my fourth puzzle and offer some reflections on how jigsaw puzzles can illuminate the challenge of deep system change:

1. Open mind: To make it harder I put the box away and I don’t look at the photo of the finished puzzle until I’m done. This seems closer to the reality of system change. We try not to have a particular image or solution in mind and to be open

Do family law lawyers have an obligation to minimize conflict? It seems obvious that given the stakes involved in family law matters, especially where there is family violence or children, that a lawyer’s role ought to include minimizing conflict; however, that idea is not as straightforward as it sounds. A family lawyer does have an obligation to advise her client on the impact of actions that inflate conflict; but a lawyer’s role properly understood, does not include an objective of minimizing conflict. This may seem like splitting hairs, but it is an important distinction.

Minimizing Conflict

The BC Family Law . . . [more]

As we continue to develop CanLII as a content platform and start to work more on developing original content, I have been thinking about the tension between platforms which gain value from lots of content, and organizations that create content as their primary value proposition.

The observation may be trite, but to illustrate my point using more general examples, Google and Facebook are examples of platforms that gain from having additional volume while devaluing each individual piece of content. Newspapers and magazines provide value primarily through the content they create.

In legal information we have analogous organizations with similar . . . [more]

Reflections on the 19 June 2020 UN Human Rights Council resolution on systemic racism, police brutality, and unlawful suppression of peaceful protest.

“Black Lives Matter. Indigenous Lives Matter. The lives of people of colour matter.” – Michelle Bachelet, UN High Commissioner for Human Rights, 17 June 2020

The brutal torture and murder of an unarmed Black man, George Floyd, in the United States (US) on 25 May 2020 has sparked global outrage about systemic racism and impunity for police violence against Black people, Indigenous Peoples and people of colour. Protestors have taken to the streets in thousands of places around . . . [more]

We citizens in DC have been subjected to too much sad news and desolation due to the coronavirus and the violent federal response to a peaceful demonstration against police brutality. These peaceful demonstrations are continuing throughout the United States.  

I was very happy that on June 15th the Supreme Court of the US decided that Title VII of the Civil Rights Act of 1964 prohibits employers from firing employees for being lesbian, homosexual, bisexual or transgender. Bostock v. Clayton County, Georgia was a 6-3 opinion written by Justice Neil Gorsuch.

On page nine of the opinion he states that: Title . . . [more]

The Canadian Copyright Licensing Agency (Access Copyright) is a copyright collective meaning that it manages certain rights on behalf of copyright holders. Importantly Access Copyright does not itself hold any of the copyrights that it manages.

York University (York) is Canada’s third-largest university with over 50,000 students and approximately 1,500 full-time faculty members. York had a license to use some of the works licensed by Access Copyright from 1994 to 2010. Access Copyright applied to the Copyright Board for an interim tariff during a period when renewal negotiations were languishing. York initially complied with the interim tariff but then advised . . . [more]

The current COVID-19 pandemic has forced us to move many of our daily activities online. Trials have been no exception to this transformation, relying on platforms such as Zoom to give people their day in court (to be clear, Zoom is not the only platform to have been used by the courts, but, according to a survey done by Norton Rose Fulbright, it seems to be one of the most prevalent). As demonstrated by some of the cases that have gone forward in this fashion, the use of videoconferencing in court proceedings is not without sizeable risks. In a . . . [more]

This spring, I read 200 applications from people who want to study law at the University of Windsor. Our law school, like every other in Ontario, receives more than eight applications for each available place in first year. Across the province, there are roughly 4300 applicants for 1600 spots. The figures are comparable across the country; Canada still has among the fewest law school spots per capita in the developed world.

Those of us on admissions committees must rank applicants on the basis of our respective institutions’ admissions criteria. We must recommend that many people who want to . . . [more]

[This post was a collaboration written by Julie Macfarlane, along with NSRLP research assistants Katie Pfaff, Negin Shahraki and Arathi Arit.]

How are students in law school coping with the impact of the lockdown on their studies, their lives, and their feelings of well-being and optimism?

I asked our NSRLP research assistants for their thoughts and reflections on what it was like to finish out last semester – and anticipate beginning next semester – in a virtual learning space. Below, three 1Ls share their hopes, their challenges, and their ongoing questions about what happens next.

Katie Pfaff

When the announcement . . . [more]

In a recent post Ivan Mokanov presented Lexum’s vision of providing Knowledge Management as a Service to the legal community. It is true that until now KM in the legal sector has been closely associated with expensive enterprise software only at the reach of law firms of a certain size. However, it is our belief that the infrastructure we developed for legal publishing can also be leveraged by lawyers for making the most out of the information they produce and store internally. That is why we recently started introducing features in Lexbox increasing the interactivity between public (legislation, case law, . . . [more]

“One cannot, in reality, suffer from memories all the time; one can rest and enjoy oneself in the intervals” – The Eternal Husband, Dostoevsky

Siobhan woke up, soaked in sweat in the darkness of her apartment. City lights snuck in under her curtains, flickering shadows across her dresser. It was another hot summer night, and she had turned her air conditioning up so high it was, as her father would say, cold as an ice box, and by that he meant the huge ice lockers that stored the day’s catch. As a child her brother had locked her in . . . [more]