In Access to Justice research, there is now a recognition that innovation and reform require input from a variety of stakeholders. This includes not only the justice system’s insiders, but its users as well. This acknowledgment has, in turn, shaped research initiatives aimed at tackling the crisis in Access to Justice. Essentially, to fix the problem, it is important to understand how the problem is experienced by actual users and what would help those experiencing the problem.

For a very long time, this was not the case. And while great strides have been made over the last several years among . . . [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]

What relief is available to a Court when dealing with the breach of a protective order and breach of the implied undertaking rule? The Federal Court had occasion to consider this question in Molo Design Ltd. v. Chanel Canada ULC, 2023 FC 140. In a decision dated January 30, 2023, the Federal Court made an order to enforce a Protective Order issued in the action and to enforce the implied undertaking rule.

The facts were that a co-founder of the plaintiff Molo Design Ltd. disclosed information in documents disclosed by Chanel in the action that were designated “Confidential” under . . . [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) Bien que l’intimé ait purgé sa peine en lien avec l’homicide involontaire coupable pour lequel il avait été déclaré coupable au terme d’un procès devant un juge seul tenu sans le consentement de la poursuite, un nouveau procès est ordonné; celui-ci portera sur l’accusation plus grave de meurtre . . . [more]

Between 2018 and 2020, the Province of British Columbia granted multiple mineral claims on Banks Island, in the heart of Gitxaała Nation’s territory, without consulting Gitxaała. Under BC’s current Mineral Tenure Act, virtually anyone can become a “free miner” and acquire mineral rights online for a nominal fee through an automated system – with no requirement for Indigenous consultation or consent, or even notification.

The problematic practice of granting mineral tenures without consent is not new. In fact, it’s very old – with roots that date back to the Gold Rush era in BC, when colonial laws were first . . . [more]

Written Daniel Standing LL.B., Editor, First Reference Inc.

A claim of discrimination is a serious thing, and the allegation won’t pass muster without any evidence to back it up. If there’s no evidence, a claim cannot succeed. The Saskatchewan Court of Queen’s Bench turfed a claim in these circumstances in 2022 SKQB 188. . . . [more]

What we see defines us. It behooves us to examine this – a catalogue of sight. Let us begin this exercise with one lawyer’s day.

9 hours, Modern Commercial Architecture

Sturdy wool carpets and large marble tiles. Clean white walls and cubicle panels up to a high ceiling. Black ergonomic plastic and leather chairs. Big glass windows. Recessed lights. Glass and wood veneer table, black keyboard, monitor, and mouse. Assorted pens, a Mont Blanc, and a yellow writing pad. Right-angles and geometric shapes.

5 hours, Words

Black Arial 11 to 15 point font on a white rectangular background, perfectly . . . [more]

In my current and previous positions, I have worked closely with numerous researchers searching for any type of legal information from foreign countries or other domestic jurisdictions. Despite their different requests, one thing is a constant: legal research on a foreign/domestic jurisdiction requires a research strategy. Even if you believe that you are “just” looking for a case, piece of legislation, policy, regulation, historical information, etc., once your legal research includes another domestic jurisdiction, you need to spend some extra time thinking about a series of questions which go beyond the “document” you are interested in. Those questions include, not . . . [more]

The primary objective of the Mobile Rural Law Van has been to expand service in underserved rural areas, first to rural Wellington County in the summer 2019 pilot project and then, in the second three-year phase of the project from 2021 to 2024, to Wellington County and to the adjacent North Halton area as well. The mobile summer Law Van operates between May and the end of October. During the fall and winter when Canadian weather becomes too inclement for an outdoor service the winter “law van” moves to various indoor venues in the same towns where the mobile Law . . . [more]