Supreme Court of Canada Chief Justice Richard Wagner has been clear about wanting to bolster his Court’s public outreach. Since he assumed the top role, his Court has held highly-publicized sittings in Winnipeg and Québec City and begun issuing glossy “Year in Review” recaps. Another sign of this outreach is the 56 conferences the justices attended last year – more than the actual number of decisions they authored during the same period.

Given the Court generally grants leave to appeal in only 6-9% of leave applications, this emphasis on public outreach begs an important question about . . . [more]

On April 4, 2023, I published an article in the Canadian Bar Association’s National magazine titled “Are 80% of legal problems in Canada really going unmet?” It explores the question of whether people’s needs are being me in Canada’s legal system based on the data in the Canadian Legal Problems Survey.

One topic I wanted more insight on was what the sources of costs for people with legal problems that caused financial hardship are. Here is a visualization of the proportion of people reporting costs associated with each category for the 2.6 million Canadians who have financial difficulties . . . [more]

Here is Parallax Information Consulting‘s first infographic based on data published in the Canadian Legal Problems Survey public use microdata file outlining the health problems associated with legal problems in Canada.

You can see an accessible and animated version here.

(Une version française est ici.)

. . . [more]

Presently, there is a shortage of donor sperm in Canada. This is partly attributed to the altruistic model in Canada, which removes a financial incentive for people to donate sperm or eggs (ova).

In the article “Feasibility of an altruistic sperm donation program in Canada: results from a population-based model“, the authors Daria O’Reilly et al remark that since the year 2000 there has been a marked decline in the supply of donor sperm from Canadian men. “This decline coincides with the introduction of new, more stringent regulations for donor screening and sample testing in 2000, and the . . . [more]

Challenges to the existing constitutional order in Canada are not new. My use of the phrase “constitutional order” highlights that one of the reasons (although not the only one) for these challenges has been to create chaos or (more mildly) to disrupt the constitutional status quo. Here I refer to several recent examples of the how governments and individuals and groups may challenge the constitutional order and consider where the amended Alberta Sovereignty Within a United Canada (see amendments here) fits along the continuum. . . . [more]

Every semester, upper-year law students in the University of Victoria Faculty of Law’s Business Law Clinic provide free legal information on a variety of business law issues that include, but are not limited to: incorporation, financing, charitable registration, intellectual property protection, partnerships, shareholder agreements, contracts, business liability, taxation, employment relationships, and government regulation.

The Clinic’s services are available to anyone in British Columbia who needs information related to a business law question, regardless of their income or business experience. Each client has one or two students assigned to their file. The students interview the client, help identify the client’s legal . . . [more]

There is a small army of immigration lawyers who battle in the Federal Court of Canada. Most practitioners have the sense to dedicate themselves to the solicitor side of this practice. In Part 1, I will focus on issues with the current system based on my experiences with the Court over the past 10+ years. I will be posting subsequent parts based on recent (creative) approaches that address, or get around, some of the issues below. This is not a review of substantive law or decisions from the Court. This critique is focused on the system as a whole. . . . [more]

INTRODUCTION

The Ford Government’s invocation of section 33 of the Canadian Charter of Rights and Freedoms in Bill 28 prohibiting education workers from striking and imposing a contract on them has once again raised cries of “this isn’t what the notwithstanding clause is for”. Really? What exactly did everyone expect to happen? Here I explain why I think section.33 has always been a ticking time bomb — and that there’s nothing that can be done about it except through strength of public opinion. . . . [more]

“Let’s Return Good Governance to the LSO” – Slogan of the Good Governance Coalition.

Sparked by the outrage over the Statement of Principles, lawyers formed the STOPSop group (STOP the compelled Statement of Principles) during the last Bencher election. In response, to the success in getting benchers elected, another group has formed this year. This has led to the creation of a two party system: the StopSOP and the Good Governance parties.

The StopSop party and the Good Governance party could loosely be compared to the Republicans versus the Democrats. This two party system, positions Benchers against each other.

The . . . [more]

In the article “Should Canada Implement a Flat-Rate Reimbursement Model for Surrogacy Arrangements” (Chapter 5 of Surrogacy in Canada, 2018), law professors Vanessa Gruben, Angel Petropanagos, and Angela Cameron discuss reforming the current system. Presently, donors and surrogates are reimbursed for receipted expenses (see regulation SOR/ 2019-193). This is based on the guiding principle of the Assisted Human Reproduction Act that “commercial ends raise health and ethical concerns that justify their prohibition”. In line with this guiding principle, the authors recommend the adoption of a new model, the flat-rate model.

They argue that the flat-fee model is an . . . [more]

On 13 June 2022 the UK government introduced a Bill that will authorize it to unilaterally re-write key terms of the Northern Ireland Protocol (“Protocol“) which is part of the Withdrawal Agreement it made with the EU on Brexit, less than 3 years ago.

Although trade intricacies between Northern Ireland and the rest of Britain may not be high on our priorities here in Canada, the fact that this Bill has been introduced at all should be of concern to those who believe in commitment to international law.

Let me explain why I say this.

What the Protocol . . . [more]

Lately, there has been an explosion of court documents being rejected from filing. Reasons for rejection are numerous. There is almost no discernible pattern. Reasons include, but are not limited to:

• failure to provide a back page,
• submitting documents separately when they should be combined,
• failing to have a witness to an electronic signature (not to be confused with a commissioned document),
• a form is missing,
• information is missing on the form,
• disapproving of the affiant’s signature, and so forth.

It is speculated that the change in staffing at the courts is the cause for the increase in rejections. (E.g. . . . [more]