In the so-called culture wars these days, there can be highly politicized debates around transgender rights and the proper use of pronouns. In Ontario, these debates are without legal basis, as gender identity and gender expression are protected grounds under the Human Rights Code.

Under some misguided notion of challenging students to think critically, there are teachers who reiterate the talking points of both sides of such culture wars, but do so at their own peril.

A recent decision by the Discipline Committee in Ontario College of Teachers v Teal illustrates the regulatory context in the educational setting.

The . . . [more]

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from April 14 – May 18, 2022 inclusive.

Oral Judgments

Criminal Law: Provocation
R. v. Alas, 2021 ONCA 224; 2022 SCC 14 (39654)

The Chief Justice: “Mr. Alas was convicted at trial of second degree murder after he stabbed the deceased six times during an altercation . . . [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’accusé n’ait aucun antécédent judiciaire, ce facteur n’est pas déterminant dans un contexte de violence conjugale commise de façon répétitive à l’endroit de sa conjointe et de ses enfants pendant une période de plus de 8 ans; par conséquent, une peine globale d’emprisonnement de 36  . . . [more]

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Written by Lewis Waring, Paralegal, Student-at-Law, Editor at First Reference

In Nguyen v Central Stampings Limited (“Nguyen”), an employee’s feeling that an employer’s conduct derived from discriminatory intent due to his sex was not sufficient to obtain compensation for violation of the Ontario Human Rights Code. . . . [more]

Russia’s unlawful invasion of Ukraine has led the international community to respond with unprecedented speed and intensity. Reactions to this European conflict are in stark contrast with the lack of effective international action to halt ongoing atrocities in Myanmar, Afghanistan, China, and other places. The crisis in Ukraine has also brought to the foreground the limitations of international law and mechanisms to halt aggression and atrocity crimes.

This article summarizes recent attempts within United Nations (UN) bodies to halt the war and atrocities in Ukraine. Also considered are actions in the International Court of Justice (ICJ) and . . . [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.

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

1. Denis v Sauvageau, 2022 ABCA 166

[31] Granting a stay of proceedings pending appeal does not send a message that an appeal has merit. All it says is that there is a serious question to be decided about the contempt finding and that the remainder of the test for a stay has been met. The serious . . . [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

Use Polls During Student Training
Susannah Tredwell

It’s May, which means (if you happen to be a law firm librarian) it is summer student training time. COVID-19 has meant that a significant amount of training is now offered online rather than in person. Online training has its own set of challenges, one of which includes keeping the participants involved. … . . . [more]

There is more than one way to approach setting standards for the writing and formatting of documents. An important thing to keep in mind is having a continuous awareness of, and sensitivity to, the use of text within our changing world, and to build style guides as tools that can help reflect our values, rather than a set of rules that never advance.

In my work at CanLII, I’ve had the opportunity to develop a style guide to help meet the needs of our collaborative writing projects. I also think about writing standards in my volunteer work as the associate . . . [more]

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A book has come along that every lawyer who wishes to run a firm at its peak should not only have on his/her shelf but it should be well-thumbed, stained from coffee spills, its cover torn from constant use and sits on the corner of their desk within arm's reach for quick reference. I am speaking of "How Successful Law Firms Really Work" by David L. Ginsberg and Robert A. Feisee, published by the American Bar Association, Law Practice Division

David Milgaard is reported to have passed away this weekend at the age of 69. He spent 23 years in prison for a rape and murder he did not commit.

Milgaard was convicted in 1970, and spent the ages of 16 to 39 in prison, following the discovery of a nurse’s body in the snowbank. His appeal to the Saskatchewan Court of Appeal was dismissed the following year, and the Supreme Court of Canada refused him leave to appeal. That same year, a pattern of sexual assaults committed by Larry Fisher came to light, which matched the offence in question. . . . [more]