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

A recent Supreme Court of British Columbia decision reveals that an award for aggravated and/or punitive damages is not automatic where termination for cause is not justified and upheld by the court. . . . [more]

Earlier this week, the Supreme Court of Canada published a statistical overview of its work for the decade from 2006 to 2016.

It provides data on the following:

• “Cases Filed”
• “Applications for Leave Submitted”
• “Appeals Heard”: by category of law, by regional origin, as of right/by leave
• “Appeal Judgments”: the number of judgments rendered each year, how many were unanimous, how many were delivered from the bench/reserved
• “Average Time Lapses”

On 18 February 2013 the Minister of national Revenue moved ex parte for an order under section 231.2(3) of the Income Tax Act, authorizing him to impose on KPMG LLP a requirement to provide information relating to certain of its unnamed clients, including their identities, and documentation relating to their participation in an offshore company tax structure.

KPMG moved for an order quashing the ex parte order. It sought a declaration that the sections of the Income Tax Act which authorized the order were of no force or effect because they unjustifiably infringe the protections of life, liberty and security . . . [more]

The U.S. 2016 presidential election and post-election is causing much debate, criticism, and protest outside of America. Canadians have actively participated in public marches and protests in response to Trump’s comments and proposed policies, as well as the recent U.S. ban on entry to that country from certain Muslim nations. According to a recent CNN/ORC poll, more than eight-in-10 Americans have said that the U.S. was more deeply divided on major issues in 2016 than in the past several years.

With this in mind, we need to ask where does political talk fit in the workplace? Or more importantly, . . . [more]

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

Written by Cristina Lavecchia, paralegal, editor at First Reference

An Applicant recently went before the Human Rights Tribunal of Ontario (Tribunal), alleging that the Respondent failed to pay settlement monies owed to him per the schedule agreed to in Minutes of Settlement. The Applicant sought full payment of the general damages amount agreed to in the settlement and a further $1,000 for the harm caused by the breach. Although the Tribunal found there to be a contravention of settlement, it deemed that the delay in receiving the monies was relatively minor, and therefore an award of compensation was not warranted. . . . [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]

SCOTUSblog, the well-known American blog devoted to analysis of the United States Supreme Court, has been providing great coverage of US President Donald Trump’s nomination of Judge Neil Gorsuch (U.S. Court of Appeals for the 10th Circuit) to fill the vacancy left on the top court of our Southern neighbour by the death of Justice Antonin Scalia in 2016.

Here are some links. Each of the SCOTUSblog posts below contains extensive links to news, commentary and analysis:

• Reactions to the Gorsuch nomination (January 31): “In reaction to President Donald Trump’s nomination of Judge Neil Gorsuch, politicians and interest groups are

I heard about the United States Custom Border Agency had been asking Canadians for access to their Facebook accounts and cellphones when they arrived at the border to join the women’s march on Washington the day after Donald Trump’s inauguration. When some Canadians refuse to surrender their information, they were denied entry into the US and turned away (this is in addition to those who were refused entry because they were going to the march). I was appalled to hear this, and appalled at the invasion of privacy and violation of civil and human rights – and in 2017! I . . . [more]

Below is the full text of the White House statement