The story of “David and Goliath” is a part of our cultural consciousness. Generally, the biblical tale is told as follows: a young shepherd battles a giant warrior and, using only a slingshot, comes out victorious. Today, the phrase “David and Goliath” represents a more secular meaning as a metaphor for improbable victories by a weaker party, better known as the “underdog”. A quick glimpse at popular culture illustrates that this “underdog phenomenon” has generated mass appeal – but why? Some scholars have said it is because the underdog story gives us hope for a fair and just world. However, . . . [more]

Introduction

Legal aid is intended to assist the most vulnerable in our society, and ensure that they obtain justice irrespective of their financial situations. Often it accomplishes this lofty objective. Far too frequently it does not.

What is more concerning is how references to legal aid are frequently invoked as an obstacle to legal reforms.

One such example would be for the proposal by the Bonkalo Report for paralegals to practice family law. Not unexpectedly, there are family lawyers and judges who have already come out against it. The most recent are several lawyer organizations and some judges of the . . . [more]

If you care about solicitor-client privilege, travel to the US and use computing technology, then read this:

By its own admission, US border protection conducted five-times as many electronic media searches in a single year—4,764 in 2015 to 23,877 in 2016.

Yup. That’s 500% more cause for anyone travelling to the US to be concerned. Should Canadian lawyers be cautious too? Yes.

America’s digital rights sentinel, Electronic Frontier Foundation, just released its 2017 reboot to its guide for mitigating risks to digital privacy when travelling to the US. The newly minted guide (last revised in 2011) is titled “Digital . . . [more]

Few things are as contentious in the bar in Ontario as the scope of paralegals. Created in 2007, paralegals have been practicing under a limited scope which has explicitly excluded the provision of family services.

Last week, Justice Annemarie E. Bonkalo released the Family Legal Services Review report, which was part of the Expanding Legal Services Options for Families review being conducted by the Ministry of the Attorney General.

Although the report also focuses on more unbundled services and coaching by lawyers, and use of law students to provide family law, it recognizes,

The most controversial recommendations, however, will be

The perception of lawyers among the general public is a concern that often emerges among those in leadership positions in the profession.

Granted, some of that negative reputation may be warranted, and there are lawyers who put their own self-interests before their clients, or who behave aggressively and inappropriately with other parties. But these lawyers are still the exception, even in an era of controversy over civility.

Those of us in the field usually know and appreciate that lawyers are the fabric of civilized society, and we ensure that fairness and justice permeate every aspect of society where we are . . . [more]

Over a century ago, without his knowing it, legendary jurist Oliver Wendell Holmes spawned the case for judicial diversity in ten words: “the life of the law is not logic, but experience.” Bursting from these words is a truth we have known all along. Legal issues often pose uneasy choices. In choosing whose stories to believe and which principles to prioritize, a judge draws on not only legal precedents, but also personal experiences, values and beliefs.

However they might try, judges cannot shed their experiences and values at the courtroom door. Justice Bernd Zabel brought the point home when he . . . [more]

The law may be principled, but it is ultimately pragmatic. Laws seek to address societal problems (the mischief rule), but also make sense (the golden rule). In fact, I’d argue that it has always been this way.

The presence of the principles of equity in the common law, infused with the coming of the Judicature Acts  of the 19th c., sought to reconcile the literalism of rule-based decisions and the goal of fairness that previously existed in two independent court systems.

We can go back even further to find hints of this in the common law. The search for pragmatism . . . [more]

Recently we took on two Small Claims Court actions for good clients. In both cases we acted for the plaintiff.

Anyone who has commenced a Small Claims Court proceeding knows that the Small Claims Court Rules provide that the plaintiff is generally required to commence the action in the jurisdiction where the defendant lives or carries on business. In both cases our client operated from Toronto. In both cases, we had to commence the action in L’Orignal, Ontario as a result of that being where the defendant carried on business.

For those of you who don’t know, L’Orignal is about . . . [more]

The quotation below contains the first paragraph and part of the conclusion of an article with the title of this post. You will find that article on the University of Alberta Faculty of Law Blog, here.

One might assume that LGBT rights in Canada were worse the further one delves back into our history. This would be incorrect. While LGBT rights in 1867 were nowhere near what they are today, it’s important to note that things actually got a lot worse before they got better.

…

To those of our readers in law school, legal professions, politics, and others

Introduction

The existence of racism in our legal system is no surprise.

David Tanovich has written extensively how the Charter has still largely been ineffective in addressing racism in the criminal justice system. Faisal Mirza has explained how mandatory minimum sentences disproportionate affect black Canadians, and he wrote this in 2001, before the additional sentences added in 2009.

We can go even further back to 1993, and the Commission on Systemic Racism in the Ontario Criminal Justice System, which described a widespread and prevalent prejudice against blacks as follows:

First what we are dealing with at root, and

An inspiring event began late last week and rose to a crescendo on Saturday: the law student-driven Research-a-thon for Refugees. The 12-hour distributed pro bono legal research marathon was kickstarted in a whirlwind of spark of initiative, quick communication, outreach, collaborative effort, and perhaps a bit of collective consciousness.

The goal of #Research4Refugees was to produce a collaboratively researched document for a Canadian NGO, focusing on interpretation and application of the US-Canada safe third country agreement for arriving refugees, on a project managed by the NGO. The Canada-wide event took place on Saturday in classrooms and libraries of the . . . [more]

I feel I must write this quick, as every day the terrain shifts and the battle lines move in the escalating conflict between the 45th POTUS and virtually the entire machinery of justice.

FYI, the ABA yesterday released its resolution 10C calling on Trump to withdraw his order restricting travel from seven Muslim-majority countries.

Less than two weeks ago Trump started the whole mess when he slapped on brass knuckles to deliver not one, not two, but three immigration-related executive orders to finish his first week as President.

The world sucked wind.

Even north of the 49th people . . . [more]