Canada’s online legal magazine.

The Attorney General and the Duty to Encourage Respect for the Administration of Justice

After I wrote this column but before it went to press, my colleague Brandon Trask of UManitoba posted a similar column to the RobsonCrim blog. To the extent that I repeat some points he’s made, that repetition is valuable and worthwhile. I encourage readers to check it out.

What should and must a lawyer do when their client, or the representative of their client, attacks judges and large unidentified swaths of the entire bench? What if the lawyer is standing next to them when they do so? What if the lawyer is the Attorney General and the speaker is the . . . [more]

Posted in: Justice Issues, Legal Ethics

Band of Brigands: The Role of Religious Nationalism in North American Threats to the Rule of Law

Authoritarian attacks on foundational principles of the rule of law have escalated in the United States since President Trump’s inauguration. This column expands on my previous column and looks at the role of Christian religious nationalists who have joined politicians and billionaires in the Trump administration’s mission to dominate every branch of the US government and civil society, and to invert the rule of law in North America and globally.

Religious nationalism in a global context

Historical records are strewn with tragic results of entanglements among religious, economic, and imperial powers. Those whose lands, resources, and cultures have been overtaken . . . [more]

Posted in: Justice Issues

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Michael Geist 2. Legal Sourcery 3. Stewart Sharma Harsanyi Immigration Law Firm Blog 4. Sunday Night Administrative Review 5. Canadian Securities Law

Michael Geist
The Law Bytes Podcast, Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government?

Digital policy did not

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Au regard des craintes exprimées par l’accusé quant à sa sécurité à son arrivée en prison, le juge de première instance a eu raison de conclure que l’ensemble des circonstances justifiait la nécessité d’une nouvelle consultation avec un avocat en raison d’une situation nouvelle ou émergente; le . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme One-Liners

As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted.

Appeal Judgment

Criminal Law: Fit Sentence; Delay; Enhanced Credit
J.W. v. R., 2023 ONCA 5522025 SCC 16 (40956)

Clarification re fit sentence, “wrongful conduct” and delay, enhanced credit.

Leaves to Appeal Granted

Class Actions: Settlement Approvals & Retainer Revocations
Québec Major Junior

. . . [more]
Posted in: Summaries Sunday

Patent Infringement and Limitation Periods

Claims for infringement of a patent have an unusual place when it comes to limitation periods. A recent decision of the Alberta Court of Appeal has provided some clarity to this issue but there is still uncertainty as to limitation periods for infringement claims.

Most provinces have legislation that impose a limitation period on claims. For example, in Ontario, the Limitations Act provides that, “a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.” Similarly, in Alberta, “if a claimant does not seek a remedial . . . [more]

Posted in: Intellectual Property

Book Review: Legal Guide to Emerging Technologies

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Legal Guide to Emerging Technologies. By Imran Ahmad & Shreya Gupta. Toronto: LexisNexis, 2023. xiv, 113 p. Includes index. ISBN 9780433524748 (softcover) $130.00.

Reviewed by Katarina Daniels
Research Lawyer, Library Services Lead
Davies Ward Phillips & Vineberg LLP

Legal Guide to Emerging Technologies provides a clear and structured introduction to . . . [more]

Posted in: Book Reviews, Thursday Thinkpiece

Is It Time to Abolish (Or Reform) the Good Character Requirement?

My last Slaw column discussed two recent cases in which Ontario’s Law Society Tribunal found individuals who had previously engaged in sexual misconduct involving minors were currently “of good character”. The findings in those cases, AA and Colangelo, have since been (repeatedly) upheld on appeal.[1]

Unsurprisingly, these decisions were controversial in the court of public opinion (sample Toronto Star comment: “When your [sic] a member of a governing body that characterizes pedophiles as people ‘of good character’, you have a problem”). Lawyers and law students similarly expressed dismay with the outcomes (for example, one commenter on . . . [more]

Posted in: Legal Ethics

Law Publishing Doom-Mongers, Self-Styled Heroes and Others

I have the impression, no more than that, and in no sense verifiable nor measurable, that among the eminent experts and commentators, there seems to exist a possibly small number of self-interested and obsessive nerds, primarily in North America, on the periphery of that part of the law publishing industry which actually has paying customers, who spend much of their time pretentiously telling us that the major players are about to go under and be overtaken by minnows. I understand that similar but different paranoia extends also to legal practice; it seems, to me at least, to be . . . [more]

Posted in: Legal Publishing

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Appointed podcast 2. BC Injury Law Blog 3. Library Boy 4. The Authentic Lawyer 5. Canadian Securities Law

Appointed podcast
A Conversation with Dr. Jiaying Zhao, Associate Professor at UBC

On this episode of Appointed, Kim speaks with Dr. Jiaying Zhao, Associate Professor, Canada Research Chair in

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Il est indéniable que l’autobus conduit par l’accusé a embouti la garderie, tuant 2 enfants et en blessant 6 autres, et qu’il ne s’agissait pas d’un geste accidentel, mais le tribunal conclut que l’accusé était, au moment des gestes reprochés, aux prises avec un trouble mental de . . . [more]

Posted in: Summaries Sunday

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada