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]

Justice Delayed

Suppose you run a small widget-making business in Ontario. You sent crates of widgets worth $100k to a customer, but they refuse to pay. They say there’s something wrong with the widgets, but you know this isn’t true and you can prove it. The good news is that contract law obliges your customer to pay you, and procedural law allows you to seize their assets to satisfy the debt if they don’t. The bad news is that, if you sue and the other side plays hardball, it will probably take at least four or five years to get . . . [more]

Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the three most-consulted English-language decisions were:

1. R. v. Stairs, 2022 SCC 11 (CanLII)

[67] Reasonable suspicion is a higher standard than the common law standard for search incident to arrest. As this Court noted in Caslake, the search incident to arrest power arises from the fact of the lawful arrest (para. 13). All that is required is “some reasonable . . . [more]

The annual World Justice Project (WJP) Rule of Law Index provides independent global insights on factors considered fundamental to the concept of the rule of law. It includes eight factors, which are each assessed based on four or more sub-factors. Factor 7, Civil Justice includes 7 sub-factors of which accessibility and affordability tops the list as sub-factor 7.1. In evaluating accessibility and affordability, the WJP measures people’s ability to afford legal advice and representation, access courts, and whether pathways to civil legal resolution are impeded by excessive fees, unreasonable delays, physical obstacles, language barriers or procedural hurdles.[1] The accessibility . . . [more]

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) : Faute d’une preuve démontrant que l’agent civil d’infiltration, ou toute autre personne, a commis l’infraction de trafic à titre d’auteur principal, l’appelant ne pouvait raisonnablement être déclaré coupable de cette même infraction à titre d’auteur secondaire; par conséquent, l’appel est accueilli et un verdict d’acquittement est prononcé. . . . [more]

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

• Family Lawyer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Senior Conveyancer (Full-time) | Langley, BC
  (Waterstone Law Group LLP)
• Litigation Lawyer (Full-time) | Chilliwack, BC
  (Waterstone Law Group LLP)
• Litigation Associate (Full-time) | Vancouver, BC
  (Bernard LLP)

Written by Lewis Waring, Paralegal, LL.B., Articled Clerk, Editor, First Reference Inc.

In a recent ruling, it was found that an employee was successful at fulfilling his mitigation obligations, even though he was not successful at mitigating his loss. Although failing to look for a job seems like a clear failure to mitigate a loss of employment, this ruling clarified that an employee only fails to mitigate when comparable employment is actually available. If an employee’s job market does not contain any comparable roles, any failure to take reasonable steps to find comparable employment will not be a failure . . . [more]

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.

Data Science in the Library: Tools and Strategies for Supporting Data-Driven Research and Instruction. Edited by Joel Herndon. London, U.K.: Facet, 2022. 311 p. Includes bibliographic references and index. ISBN 9781783304608 (hardcover) $185.35; ISBN 9781783304592 (softcover) $106.83; ISBN 9781783304615 (eBook) $182.42; ISBN 9781783305186 (ePUB) $74.53.

Reviewed by Erica Friesen
Research . . . [more]

The “dark web” sounds mysterious and dangerous. The dark web is described as a set of pages on the internet that cannot be indexed by search engines, further can not be viewed in a standard web browser, and typically require specialized software or network configurations in order to access. These pages commonly use encryption to provide anonymity for users.

There are marketplaces on the dark web where individuals buy and sell illicit goods and services.

One of the largest dark web marketplaces in the world was the Canadian Headquarters (or Canadian HQ). This site sold spamming services, phishing kits, stolen . . . [more]

In Alison Braks v Dundeal Canada (GP) Inc., 2022 ONSC 4015, Justice Ramsay sets out key points for counsel to remember when delivering their opening and closing addresses to a jury. These tips include:

OPENING

• An opening should provide a general notion of what will be given in evidence. It should not mention matters that will not become evidence before the jury. A witness’s credibility should not be dealt with in an opening.

• Counsel may not suggest a matter which counsel knows is not proven even if supporting evidence is adduced.

• Counsel may not give evidence.

• Counsel may not

Each Wednesday we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII and we give you a small sense of what the cases are about. La version française suit.

For this last week, the three most-consulted English-language decisions were:

1. R. v. Sparrow, 1990 CanLII 104 (SCC), [1990] 1 SCR 1075

There is no explicit language in the provision that authorizes this Court or any court to assess the legitimacy of any government legislation that restricts aboriginal rights. Yet, we find that the words “recognition and affirmation” incorporate the fiduciary relationship referred . . . [more]

The annual meeting of the International Conference of Legal Regulators, held in Chicago this year, was a terrific event with eye-opening panels and thought-provoking speakers. The consensus theme was that extraordinary change is occurring on multiple fronts in the legal world, creating huge challenges for the regulation of legal services, but also real opportunities to reshape this landscape for the better.

Here are 10 observations from the two-day meeting. Some of these insights are from speakers and audience members, others are my own. All of them point to a very different future for legal regulation, one that’s coming our way . . . [more]