*These characters are fictional. Any resemblance is purely accidental. This is humour.

1. The pick’m-up-truck-driving small town litigator

Small’s number is written on the local jail cell wall. Besides the odd vacation and discovery, Small’s only ever known this little town with one traffic light. Small pulled some strings to get the county judge’s kid a try-out on the hockey team. The court registrar, bailiff, trial coordinator, and, heck, all the staff, know Small on a first name basis. Small doesn’t go through security because Small has a key to the side door into the library. At the hearing Small . . . [more]

It is very difficult to read about the suffering of someone you admire and care about. And yet, when I finished Julie Macfarlane’s new book, “Going Public”, the story of her experiences of sexual abuse and violence, I felt enlightened and uplifted.

Why? I think it is because Julie is vulnerable about her experiences AND uses her professional wisdom, insight and experience to put her stories into a larger context.

“Vulnerability is our most accurate measurement of courage.” Brené Brown

This book is important for many people and groups, including:

• Survivors, their families and those supporting them
• Professionals

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.

National Security Law, 2e

Editors: Craig Forcese & Leah West
ISBN: Print (Paperback): 9781552215517
Publisher: Irwin Law
Page Count: 800 pages
Publication Date: December 1, 2020
Regular Price: $75.00

Excerpt from pages 3–7; 23–29; 57–61 (citations omitted)

Chapter 1: Scope

This is a book about the law governing the Canadian state’s response . . . [more]

I recently looked at a book on my shelf called “The Internet Handbook for Canadian Lawyers” published in 1996. It’s rather amusing to look at it from today’s lens and see how much has changed in the last 25 years. It explains in detail topics that at the time were cutting edge, but today are second nature to children, or are long obsolete.

Section headings include: “What Exactly is the Internet?”, “Can the Internet do Something for my Practice?”, “Finding Good Stuff with Archie”, “The Mother Protocol – TCP/IP”, “Using Encryption Programs to Stop Snoopers”, and “Navigating Gopherspace”.

It says . . . [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. Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455 (CanLII)

[46] As I have noted, other courts have concluded, without evidence, that pregnancy creates difficulties for a person searching for employment. Justice Dambrot specifically found that he did not need evidence to reach that conclusion. This past judicial consideration supports the conclusion that it is open to me to take judicial notice . . . [more]

Anyone that has followed me over the past 15 years knows that I am a firm believer in the power of writing a book for business development purposes. In my view, it is a big audacious business card—period! If written as a business development tool—it lets prospective clients inside your world and how you think. It is a strong credibility builder since “you wrote the book on the subject.” Over the past 15 years, I have written 6 books, which have led to millions of dollars in revenue. But NOT in book sales. Yes, I have been an Amazon bestseller, . . . [more]

While I find Twitter posts too often to be vicious, bigoted (neither in those I actually follow, but in retweet comments), frustrating and a lagoon of self-congratulatory messages (“I’m honoured and humbled to have won/been recognized for/have been included among these fabulous people….”), I also enjoy some people’s very clever humour and discover news of developments I might not otherwise see. So it is with a Tweet from @lawtech_a2j (aka the UK’s Roger Smith): “The concept of user-centred legal design has proved itself as exciting, galvanising and innovative over the last decade. Can we call it a ‘game changer’? It . . . [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

How Do You Note Up a Specific Paragraph of a Case?
Susannah Tredwell

There are a couple of ways of noting up a specific paragraph of a case, with the easiest option being on CanLII. For CanLII, start off by searching for the case you are interested in. … . . . [more]

I wish I had more confidence.
How can I become more confident?

In coaching conversations with junior lawyers, concerns about lack of confidence and questions about how to build it up come up a lot. This is such a common challenge it is addressed directly in the opening session of AMP (Associate Mentorship Plus) Club in the context of career navigation and what to expect in the early years of practice.

Wouldn’t it be easier if I was confident?

Yes, probably.

Lack of confidence can feel like a unique challenge. Looking around is can seem like other lawyers appear confident. . . . [more]

Reflections by Gerry Ferguson, distinguished professor, faculty of Law at the University of Victoria.

Joe Arvay was a good friend to many of us and a shining star in our legal universe. When I think of Joe, I cannot get Elton John’s tribute song to Princess Diana (and Norma Jean) out of my head – “his candle burnt out long before his legend ever will.” Joe died of a sudden heart attack while still in full flight at age 71. Joe was viewed by many as Canada’s pre-eminent legal advocate for the civil rights and liberties of us all, . . . [more]

Criminal law can be differentiated from civil proceedings, where both sides are obligated to provide all relevant evidence, in that there is an inherent asymmetry in the information the Crown possesses. This is particularly important given the burden of proof that is imposed on the Crown.

The B.C. Court of Appeal stated in R. v. C. (M.H.),

 [29] …there is a general duty on the part of the Crown to disclose all material it proposes to use at trial and especially all evidence which may assist the accused even if the Crown does not propose to adduce it.