To add to to your summer reading list:

The 2013 Harper Lee Prize for Legal Fiction goes to Stanford law professor Paul Goldstein for his novel Havana Requiem:

“The novel chronicles efforts by a lawyer, recovering alcoholic Michael Seeley, to help a group of aging Cuban jazz musicians and their families reclaim copyrights to their works. When his main client, Héctor Reynoso, goes missing, Seeley begins to realize that there is more to the story than music, and that a far deeper conspiracy is involved that might include both the Cuban secret police and his former law firm.”

The . . . [more]

The revelations by U.S. whistleblower Edward Snowden that the National Security Agency has been conducting widespread snooping against pretty much everyone, everywhere, all the time has provoked more than just political and diplomatic fallout.

As can be expected, there are several new lawsuits.

The American non-profit investigative journalism website Pro Publica has created the NSA Surveillance Lawsuit Tracker that lists the “key legal challenges to [U.S.] government surveillance and secrecy” since 2006. The last lawsuit added to the list was filed on July 8th.

For a Canadian take on government whistleblowers, I recommend the work of the NGO FAIR (Federal . . . [more]

We all know someone, or have been someone, who has worked in the restaurant industry under precarious working conditions. Working for tips and less than minimum wage, working long and strange hours and split shifts, dealing with for harassing customers and/or bosses, physically tasking conditions, and most notably having little job security.

In our practice we’ve talked to servers who have been underpaid, discriminated against, sexually harassed or sexually assaulted by their employers and who have been fired without receiving their last pay cheques let alone pay in lieu of notice. We’ve negotiated settlements for some people, drafted human rights . . . [more]

The Quebec government has followed up on its plans to legalize doctor-assisted suicide. On June 12, 2013, the government tabled in the National Assembly Bill 52, An Act respecting end-of-life care, which besides its main goal of ensuring that end-of-life patients are provided with care “that is respectful of their dignity and their autonomy,” establishes specific requirements for certain types of medical assistance to die.

This morning, the Supreme Court of Canada handed down its fourth significant decision on conflicts of interest, the scope of duties of loyalty, and the appropriate division of responsibility between courts and law societies as regulators of professional conduct. It rejected arguments for liberalizing the so-called bright-line rule, but clarified its operation.

The case reopened the “bright-line rule” and the so-called “professional litigant exception, ” formulated by former Justice Ian Binnie in R. v. Neil, and re-affirmed in Strother v. 3464920 Canada Inc. It provides:

… a lawyer may not represent one client whose interests are directly adverse

. . . [more]

Last week Tomee Sojourner, who happens to be a lesbian, filed a complaint of bias against the judge who had presided over a hearing at the Québec Rental Board of a complaint by Ms Sojourner’s landlord. In the words of the news release on the website of Montreal’s Center for Research-Action on Race (Ms Sojourner is Black):

According to her complaint with the Council, the presiding judge, Luce De Palma, repeatedly referred to her as a man (by calling her “il”, “lui” et “monsieur Sojourner”), despite being reminded by Ms. Sojourner and the landlord’s representative that she is a woman.

. . . [more]

According to a story in today’s New York Times, the US Postal Service has a program to photographed the exterior of every single piece of mail they processed — something like 160 billion pieces a year — and provides that data to “law enforcement” upon request. So if you were thinking to evade Prism by brushing up on your letter writing skills . . . return to sender.

The “Mail Isolation Control and Tracking” program simply provides the information available on “covers” without the necessity of recourse to a judge. The article notes that challenges to this practice have . . . [more]

An article in today’s Globe and Mail reports on a judgment by Ontario Superior Court justice D. M. Brown in which he severely criticizes the high cost of access to the courts in Canada: “Ontario courts ‘only open to the rich,’ judge warns,” by James Bradshaw.

The particular decision, York University v. Michael Markicevic, 2013 ONSC 4311, involves a request by one defendant to discharge a certificate of pending litigation registered against her real property and is part of a larger action by York against Markicevic and others concerning their alleged misuse of university resources. Let . . . [more]

It is common, when the question is raised of how to best respond to the influx of self-represented litigants (“SRL”) in court and other legal proceedings, to see the issue described as a challenge or burden upon the profession. Verbs used to describe the response of lawyers or judges to the SRL often include words like “manage” or “survive” and others that carry similar connotations of a problem in need of a solution.

But the SRL is not a problem; self-representing litigants are rather a symptom of a complex bundle of problems in the design and functioning of our legal . . . [more]

One of the costs to the justice system is the failure of many who are accused of summary conviction offences to appear at scheduled court hearings. A group of researchers in the US studied the effect on the no-show rate of sending out reminder postcards. These would be cheaper than the reminder phone calls typically used in many jurisdictions. The study sample was roughly 8,000 “misdemeanants” in Nebraska, a selection of whom received one of three postcards, each with somewhat different wording (as to consequences of failure to appear). The results are described thus in the current issue [PDF] of . . . [more]

If I were to start to discuss politicians and expense scandals your mind would likely turn to events in Ottawa; however, here in Nova Scotia, we have been there, done that and so have that T-Shirt. The popular topic earlier this week was whether or not the legislature was going to be recalled in order to expel a sitting MLA. In the end that did not happen, but if it had, it would not have been the first time in Nova Scotia.

Twenty-six years ago in 1986, An Act Respecting Reasonable Limits for Membership in the House of Assembly, . . . [more]

Willie Nellson is performing in Confederation Park on the summer solstice this Friday. In anticipation I’ve had my favourite Willie Nelson song stuck in my head all week: (yes this blog post is mostly an excuse to play this song).

A few years ago around the time of my call to the bar I sent my parents a video of myself doing a karaoke to this song. They were proud parents of a lawyer-to-be and thought they’d appreciate Willie’s advice to mothers that they should make their kids be “doctors and lawyers and such” (and more central to the song, . . . [more]