On 13 June 2022 the UK government introduced a Bill that will authorize it to unilaterally re-write key terms of the Northern Ireland Protocol (“Protocol“) which is part of the Withdrawal Agreement it made with the EU on Brexit, less than 3 years ago.

Although trade intricacies between Northern Ireland and the rest of Britain may not be high on our priorities here in Canada, the fact that this Bill has been introduced at all should be of concern to those who believe in commitment to international law.

Let me explain why I say this.

What the Protocol . . . [more]

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

‘I Hope This E-Mail Finds You Well’
Neil Guthrie

This phrase, beloved of vendors of products and services you probably don’t want and with whom you are unacquainted, is puzzling. What do they mean? … . . . [more]

The announcement, applicable to England and Wales, of the alpha launch of Find Case Law, from the National Archives, is a significant step forward in giving greater access to case law and making judgments available freely for re-publication under a new copyright regime, the Open Justice Licence. For free access to cases from both Irish jurisdictions, Scotland, the European courts and the Commonwealth, the British and Irish Legal Information Institute (BAILII) remains a key source. Find Case Law is and will probably always be incomplete, requiring access to all the other available sources of primary legal materials, but that . . . [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): Le tribunal approuve l’accord de réparation intervenu entre la poursuite et les organisations SNC-Lavalin inc. et SNC-Lavalin International inc. visant le paiement par celles-ci d’une somme totale de 29 558 777 $ en raison d’infractions commises lors de l’obtention du contrat de réfection du pont Jacques-Cartier. Intitulé :  . . . [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:

• Litigation Lawyer (Full-time) | Halifax, NS (Gerald Walsh Associates)
• Policy Counsel (Permanent, Full-time) | Ottawa, ON (Federation of Law Societies of Canada)
• Board Member (Full-time) | Halifax, NS (Nova Scotia Utility and Review Board)
• Barrister & Solicitor (Full-time) | Edmonton,

Four years ago, I wrote about the use of discovery evidence in criminal matters (linked: here). Today (June 30, 2022), the Supreme Court of Canada has provided greater guidance on this question, specifically in the context of sexual assault cases. In R v. JJ, 2022 SCC 28, Justice Wagner and Justice Moldaver writing for the Majority upheld sections 278.92 to 278.94 of the Criminal Code, excerpted in part below.   Sections 278.92 to 278.94 were meant to remove barriers that deterred complainants from coming forward. Mainly by restricting defence counsel’s use of the complainant’s personal records (e.g. medical . . . [more]

Yes, Virginia, there is an administrative law.

But what is it?

…It is now recognized. But it is not quite accepted. It fits no antique mould. Not knowing just what it includes, the legal profession has never felt quite at ease with it nor quite known how to handle it.

Albert Abel, “The Dramatis Personae of Administrative Law”, 1972

“Administrative law is not for sissies — so you should lean back, clutch the sides of your chairs, and steel yourselves for a pretty dull lecture. There will be a quiz afterwards.”

Justice Antonin Scalia, “Judicial Deference to . . . [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 most-consulted three English-language decisions were:

1. FCA Canada Inc. v Unifor, Locals 195, 444, 1285, 2022 CanLII 52913 (ON LA)

92. I observe that there is no “right” to remain unvaccinated and remain in active employment. The right is one of personal autonomy and bodily integrity, in this circumstance, having the choice to remain unvaccinated. Exercising that choice . . . [more]

In November 2021, the Child and Youth Law section, the Family Law section, and the Ethics and Professional Responsibility Subcommittee of the Canadian Bar Association (“CBA”) submitted a proposal for two amendments to the Model Code of Professional Conduct to the Federation of Law Societies of Canada. The CBA recommended that the Model Code include a section for non-adversarial advocacy as well as distinct standards for the practice of family law. To be sure, there are unique qualities to family law, but the question is whether family law is so different that distinct professional rules are required for lawyers. In . . . [more]

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

TL;DR
Neil Guthrie

Translation: ‘too long; didn’t read’. This is the verdict, Aaron Orendorff argues, on most work-related writing. Orendorff, a writer and editor, suggested a while back in the New York Times that your work colleagues really don’t want to read anything you write in a professional setting. … . . . [more]

Samuel Beswick is an assistant professor at the University of British Columbia Peter A. Allard School of Law. His primary scholarly interests are in the areas of torts, unjust enrichment, limitations, and remedies. Last year, Professor Beswick reached out to CanLII to discuss a new casebook and syllabus he was designing for his 1L Torts class. He wanted to create a teaching resource that would utilize CanLII’s online functionality and be freely accessible to students and professors. Last August, CanLII published the First Edition of his casebook. Now, we are thrilled to be able to share the Second Edition of . . . [more]