As it has with so many of our regular practices, the coronavirus crisis has highlighted or brought to the fore the advantages and disadvantages of the relationship between the law, private enforcement, social pressure and “snitching” in enforcing desirable social practices. . . . [more]

The Ontario government has been making orders under the Emergency Management and Civil Protection Act (EMCPA) to address the coronavirus epidemic. It has quickly advised of the orders through press releases on the Ontario government news website. The orders take the form of regulations (and orders in council and sometimes only orders in council). However, it has not always been as quick — or quick enough — to post the regulation itself under the EMCPA. This is a problem. . . . [more]

We’re in the midst of a medical emergency — and we’re in the midst of a legal emergency. (I almost wrote “middle of” in the preceding sentence, being too optimistic by far.) We are experiencing a true medical pandemic in the 2019 novel coronavirus crisis, affecting over 150 countries, including, of course, Canada. And we are subject to emergency declarations, giving governments unusual powers, at the provincial, territorial and local levels in Canada. Even as we accept that these responses, and will accept more stringent ones in the future, are necessary, we need to remember that we still have a . . . [more]

“How will COVID-19 change the legal industry and what will it look like After Coronavirus? Short answer: the coronavirus will turbocharge legal industry transformation. It will propel law into the digital age and reshape its landscape. The entire legal ecosystem will be affected—consumers, providers, the Academy, and the judicial system.” – Marc Cohen in the article “COVID-19 Will Turbocharge Legal Industry Transformation”

Marc Cohen explains that the timeline for digital transformation has been truncated. We will not see a permanent return to the old ways. “The coronavirus has turbocharged law’s move to a virtual workforce and distance learning. . . . [more]

“The Future Has Arrived — It’s Just Not Evenly Distributed Yet.” – William Gibson

In “Online Courts and the Future of Justice”, Richard Susskind proclaims that our courts are moving towards radical change. Conceived in the dark ages and modified in the 19^th century, our courts are now overwhelmed by paper and archaic processes. The operations of our courts seem increasingly out of place in our digital society.

Susskind predicts that we will see court services delivered in a blend of physical, virtual, and online courts. The 2020s will be a period of redeployment of lawyers and judges. By . . . [more]

It would be nice if there was an inverse correlation between the frequency of family law disputes and the gravity of social crises, but, thanks to the peculiarities of human nature, such is not the case. As Canada’s provincial and superior courts batten down the hatches, it’s important to remember that efficient and effective dispute resolution alternatives exist, and are available even where trial dates have been set. Best of all, in this time of social distancing, many of these alternatives do not require the participants to be in the same room at the same time.

Mediation and arbitration can . . . [more]

Slightly over 30 years ago, the Supreme Court of Canada upheld a self-initiated injunction by the Chief Justice of British Columbia to prevent picketing in front of the courthouses in British Columbia: B.C.G.E.U. v. British Columbia (Attorney General). As Dickson CJ said in his opening statement in the majority decision, “This case involves the fundamental right of every Canadian citizen to have unimpeded access to the courts and the authority of the courts to protect and defend that constitutional right.” The union did not have the right to impede access to the courts. Twenty years later, the unprecedented spread . . . [more]

Jury duty is an obligation dreaded by some and evaded by others. Medical reasons, familial obligations, travel plans, and the loss of an income are some of excuses used to avoid jury duty.

Recently, Justice Robert Goldstein of the Ontario Superior Court of Justice in Toronto wrote to Canadian Tire about their policy on paying jurors. While presiding over jury selection, a prospective juror told Justice Goldstein that Canadian Tire would not pay them while performing jury duty. In response Justice Goldstein wrote a letter to Canadian Tire’s general counsel, Jim Christie, and Timothy Tallon, the owner of the St. . . . [more]

This past Saturday I had the pleasure of meeting with students in McMaster University’s Justice, Political Philosophy and Law Program (“JPPL Program”) at a Wine and Cheese “Industry Night” organized by the JPPL Student Society. Not surprisingly, many students, although not all, anticipate applying for law school after completing the program. I was one of 10 panelists (!) with a range of experiences in law asked to give the students some idea about our own backgrounds and then answer a specific question drawing on that experience. In my own case, the organizers asked me to tell the students something about . . . [more]

A recent opinion piece in the National Post by Leonid Sarota and Asher Honickman explained how the rule of law functions: it constrains government and when people perceive it to overstep, they can challenge it; but it also requires individuals to restrain their actions and use the legal sysem and when they are unsuccessful, they must accept it. As they say, “The rule of law does not, by itself, guarantee justice, but without it just laws cannot be upheld and unjust ones peacefully reformed.” Here I consider two situations in which the rule of law is said (by some, at . . . [more]

Kiribati is a small island nation that may soon be gone. It is forecasted to be the first nation to become a victim of climate change and all of its citizens will be forced, involuntarily, to find another home. In an unprecedented decision, the UN Human Rights Commission ruled that a citizen of Kiribati, Mr. Ioane Teitioto, shall not be deported by New Zealand due to threats related to climate change. This decision is the first in a sea of change, I believe, that will lead to a significant expansion of Canadian refugee law.

A Brief History of the “Eco-Refugee”

On December 9, 2019, Ontario’s Smarter and Stronger Justice Act, 2019 (Bill 161) received first reading. Bill 161 includes many housekeeping and substantive amendments that will bring welcome changes to the law. But to what extent will it improve access to justice? . . . [more]