In the summer of 2019, the BC Family Justice Innovation Lab received an invitation to work with a group from Ulster University in Northern Ireland to improve access to justice for litigants in person (we call them “SRLs”). Led by Professor Gráinne McKeever, the group was eager to use a human-centred design process as part of their research project. Jane Morley Q.C. and I arrived in Belfast in early November 2019 and supported the team to design and implement the first of a series of HCD workshops with diverse participants including, of course, users. It was a wonderful experience, . . . [more]

We’ve all heard about the civil justice system being crisis, and we’ve heard it for decades.

The so-called culture of complacency in criminal proceedings, and corresponding Charter protections in those cases, invariably means a prioritization of judicial resources in those cases.

Even prior to that time, the Court has attempted to foster a cultural shift in civil proceedings through the use of summary judgment motions.

The result has been that instead of threatening to take the other side to trial, parties threaten to take a matter to summary judgment.

But you should always be careful what you threaten. One unanticipated . . . [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) : L’ex-juge Delisle obtient un arrêt des procédures et ne subira pas un deuxième procès sous l’accusation de meurtre liée au décès de son épouse.

Intitulé : R c. Delisle, 2022 QCCS 1160
Juridiction : Cour supérieure (C.S.), Québec
Décision de : Juge Jean-François Émond
Date : 8 . . . [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:

• Director of Programs and Partnerships (Full-time) | Virtual with a preference for Ottawa or Montreal)
  (CanLII)
• Tax Lawyer – Canadian Sales Tax (Full-time)| Vancouver, BC
  (Thorsteinssons)
• Real Estate Legal Assistant (Full-time) | Abbotsford, BC
  (Waterstone Law Group LLP)

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.

Modern Criminal Evidence

General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli
Authors: Matthew Gourlay, Brock Jones, Justice Renee Pomerance, Glen Crisp, Jill D. Makepeace
Foreword: Justice David H. Doherty
ISBN: 978-1-77255-642-1
Publisher: Emond Publishing
Page Count: 792
Publication Date: August 2021
Regular Price: $295 (print), $271 E-book

Excerpt: from Chapter 2: . . . [more]

During my time with a strategic consultancy several years ago, one of our group retreats turned to the subject of marketing. Ideas were floated and plans were drawn up for a series of articles, speaking appearances, and other means by which we could raise our individual and collective profiles and drive more business through the door.

Eventually, I put my hand up to make what I felt was a salient point: Before the meeting began, we had all been chatting about how busy we were and how crammed our schedules had become. Before we engage in a business development campaign, . . . [more]

In the article, “Measuring Improvements in Access to Justice“, the authors Brea Lowenberger et al, expertly write about measuring the effectiveness of access to justice initiatives. A quick summary is outlined in the table below:

In measuring initiatives, we should also be mindful on how they address litigants’ traumas. Many areas of litigation arise from or involve some sort of trauma. 

In the book “Trauma: the invisible epidemic”, Dr. Paul Conti explains that “Trauma comes in various forms, frequencies, and intensities…” As a general rule, “the worst the trauma, the worse the cascade of harm that follows”.

To . . . [more]

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

For this last week:

1. R. v. Cody, 2017 SCC 31

[1] In R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, this Court identified a culture of complacency towards delay in the criminal justice system. This culture was fostered by doctrinal and practical difficulties plaguing the analytical framework then applicable to the right of accused persons, guaranteed under s. 11(b) of the Canadian Charter . . . [more]

The topic of lawyer confidentiality often yields lively discussions when teaching legal ethics to law students. Some of this engagement flows from high-profile, attention-grabbing case studies like wrongful murder convictions, buried bodies, and concealed videotapes depicting horrific crimes. Even the more routine aspects of lawyer confidentiality, however, spark good conversation. For example, most students are curious about how common behaviours, like working outside the office, sending emails or using social media, may give rise to inadvertent confidentiality breaches.

Another topic that often interests students is whether lawyers can talk about client matters with spouses or significant others. . . . [more]

As Past-President of the Canadian Association of Law Libraries, I have the pleasure of Chairing the 2022 Hugh Lawford Award for Excellence in Legal Publishing Committee. This award honours Hugh Lawford (1933-2009), Professor of Law at Queens’ University and founder of Quicklaw. It is awarded to a publisher (whether for-profit or not-for profit, corporate or non-corporate) that has demonstrated excellence by publishing a work, series, website, or electronic product that makes a significant contribution to legal research and scholarship.

After reviewing a number of excellent nominations, the Selection Committee is pleased to announce the short-list of nominees for this . . . [more]

“When did it become illegal to ask questions? Especially in the courtroom?” This is the opening line to Justice A. Pazaratz’s decision in J.N. v. C.G., (2022). [1] This provocative line sets the tone for a decision delivered almost entirely through frank obiter. When reduced to its ratio, J.N. v. C.G. is a case about whether the court can require a parent to vaccinate their children, and whether a judge should rule on the appropriateness of these beliefs and decisions. What makes the decision notable is how Justice Pazaratz uses wide-sweeping comments to engage numerous societal issues, including free . . . [more]