Canada’s online legal magazine.

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): L’appel est accueilli et un verdict d’acquittement est prononcé relativement au chef d’accusation de conduite d’un véhicule avec une alcoolémie supérieure à la limite permise reproché à l’appelante puisque la juge de première instance a commis une erreur manifeste quant aux règles de droit applicables dans son analyse . . . [more]

Posted in: Summaries Sunday

Friday Jobs Roundup

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:

. . . [more]
Posted in: Friday Jobs Roundup

OPP’s DNA Sweep Discriminates Against Migrant Workers

In a recent Human Rights Tribunal of Ontario ruling, it was found that the Ontario Provincial Police violated the human rights of a large number of migrant workers based on race, colour and place of origin, when it conducted a DNA sweep during a criminal investigation of a sexual assault. The HRTO noted in particular that the OPP sought and collected DNA from all migrant workers, regardless of whether they met the victim’s description or had an alibi, and the OPP failed to adequately ensure that vulnerable workers were able to provide voluntary and informed consent to the DNA . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

Thursday Thinkpiece: Lussier & Stechly on Decolonizing the Canadian Guide to Uniform Legal Citation

Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

“Other Materials”—Traitorous Love and Decolonizing the Canadian Guide to Uniform Legal Citation
(2022) 53:2 Ottawa Law Review 302, 2022 CanLIIDocs 1622

Dr. Danielle Lussier (@daniellelussier) is a Métis mother, beadwork artist, and lawyer from Treaty 1 and the Homeland of the Métis Nation. She currently serves as Associate Vice-Principal Indigenous . . . [more]

Posted in: Thursday Thinkpiece

Partnership – Is It for You?

Sandy, a seven-year call, just had her annual review. The partners are thrilled with her performance and are starting to discuss partnership. But Sandy is wondering, is this something she wants?

For many associates partnership is no longer an attractive goal.

Many young lawyers look at partners’ lives and don’t see the appeal. The long hours, the burden of administrative tasks, and the high-stress levels don’t have much of a draw.

What if partnership offered more than this?

What if stepping into partnership meant greater agency over your career and a way to help create a better work environment for . . . [more]

Posted in: Practice of Law

Wednesday: What’s Hot on CanLII

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. Canada (Minister of Citizenship and Immigration) v. Vavilov2019 SCC 65

[1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative decisions.

[2] In these reasons, we will . . . [more]

Posted in: Wednesday: What's Hot on CanLII

The Myth Busting Legal Marketing Program

“Simple ideas are easier to understand. Ideas that are easier to understand are repeated.
Ideas that are repeated change the world.”
– Simon Sinek, Author & Speaker

There are a lot of things I love about working at a small law firm. Access to lawyers and senior leaders is more frequent, building relationships with everyone across the firm is actually achievable, and getting real-time insights into the practice of law happens daily. But for me, the main feature has been the ability to implement simple ideas, that demonstrate my experience and expertise, quickly and effectively.

If you are a sole . . . [more]

Posted in: Legal Marketing

Book Review: Legal Data and Information in Practice

Have you had a chance to read CanLII President & CEO Sarah Sutherland’s new book, Legal Data and Information in Practice?

Over at the ICLR Blog, Paul Magrath recently posted a review the book and notes:

“[t]his short, clear book is a very good introduction for lawyers and information professionals. … All things considered, this is an area where both the pace and scope of development and the increasing awareness of social and ethical concerns justify paying attention to the subject, and for that this book is an excellent primer.”

If you jump over the pond, you’ll find . . . [more]

Posted in: Book Reviews, Legal Information

Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

Licensure
Neil Guthrie

This is becoming more common in regulatory law in Canada, but it’s unnecessary. It’s fairly old – OED gives citations going back to the mid nineteenth century. The word is listed there as an Americanism. … . . . [more]

Posted in: Tips Tuesday

Inadvertent Disclosure and the Alex Jones Debacle

Last month, a Texas lawyer’s “stunning” failure to comply with professional conduct rules and discovery obligations made international headlines.

The errors occurred in the context of a high-profile defamation case. Ultimately, a jury ordered Alex Jones—a far-right radio host and conspiracy theorist with millions of listeners—to pay nearly $50 million to the parents of a child killed in the Sandy Hook Elementary School shooting in 2012. Jones had repeatedly (falsely) asserted that the mass shooting was a hoax in which the children’s families were complicit, in service of a government plot to take away Americans’ firearms.

Mark Bankston, . . . [more]

Posted in: Legal Ethics

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. Pension & Benefits Law 2. Crossroad Family Law Blog 3. Inter Alia: UOttawa Faculty of Common Law Student Magazine 4. Condo Adviser 5. Hull & Hull Blog

Pension & Benefits Law
CAPSA releases draft guidelines on Environmental, Social and Governance (ESG) considerations in pension plan management

On

. . . [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) : Les erreurs de principe commises par le juge de première instance et l’importance démesurée donnée aux objectifs de dénonciation et de dissuasion l’ont mené à imposer une peine manifestement non indiquée; par conséquent, un sursis de peine est substitué à la peine d’emprisonnement de 6 mois imposée . . . [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