The Temporary Resident Visa application (a.k.a. Visitor Visa) system is broken. This is not a controversial statement. Currently, the Standing Committee on Citizenship and Immigration is in the midst of reviewing the system and, in particular, section 179 of the Immigration and Refugee Protection Regulations (IRPR). I gave testimony and they have heard from many experts. Officers often abuse their discretionary powers per R179 which may cause extreme hardship for applicants and their families. Over the past few years, Canada has developed a reputation of being extremely difficult for visitors, even for individuals who want to reunite with Canadian . . . [more]

[The content of this article is closely related to six of my previous posts on Slaw, dated: July 25, 2019; April 9, 2020; May 29, 2020; August 6, 2020; October 22, 2020; and October 24, 2020. See also the full text on the SSRN. And, the articles cited below without authors named, are mine.]

The responses being advocated for the access to justice problem (the A2J problem) of unaffordable lawyers’ services, do not involve solving the problem. Instead, they propose using: (1) “lesser legal services providers”—people of lesser qualifications as to education and . . . [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. Canadian Appliance Source LP v. Ontario, 2020 ONSC 7492 (CanLII)

[27] However, I have little understanding of the public interest assessment behind the Covid-19 regulatory regime. Everyone sees the apparent unfairness of small stores closing while big box stores remain open. Are there issues about trying to change the public’s habits during the shutdown? That is, are stores shut down not . . . [more]

As we get ready to say good-bye to 2020 (yay!), it is time to reflect on our goals for the ensuing years. In “A Post-Pandemic Survival Kit for the Legal Industry“, author Mark Cohen writes about adapting to new ways of providing legal services. Legal work “is under renovation. Lawyers are not its architects or builders”.

In preparing for our future work, Cohen recommends that we ask the following questions:

• What do we sell?
• Should we be selling it?
• What do customers think of our services and/or products and how do we stack up with known and potential

In my November 17th Slaw post “Making the Hard Decisions: Ethical Lawyering”, I discussed Dean Embry’s refusal to make certain arguments and call certain evidence and witnesses in his representation of James Sears, editor of Your Ward News (YWN), a community newspaper. Sears was convicted of spreading hate and, despite his accepting these views about what might be successful in his defence, a ground of his appeal was that Embry was incompetent because of his (Embry’s) failure to argue the truth of the content of YWN. In this post, I’m raising another issue related to the trial decision in the . . . [more]

Reaching December means that it’s time to look at the year in review and share what most interested you in the preceding twelve months through the lens of what court decisions you were all reading. 2020 feels like it’s been a year like no other, but there are things that have been constant and Canadians accessing case law via CanLII has been one of them.

That said, there are four current cases on the top ten list this year, compared to three in 2019, and none in 2018. It seems this is because of a break with prior . . . [more]

Since March 2020, a group of law librarians have been monitoring and reporting on the legal responses to COVID-19 throughout Latin America and the Caribbean. The main idea behind this project is to provide the most pertinent and precise amount of information concerning a situation in a particular country or a comparative report on various countries. Unfortunately, the rapidly evolving and tragic situation in the region has given us numerous topics and angles to pursue, learn from and write about. The more the health crisis becomes multiple crises: political, social, educational, humanitarian, financial and so on, the more we must . . . [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 the CanLII Manual to British Columbia Civil Litigation to Find Annotated Rules of Court
Susannah Tredwell

Last Thursday, CanLII unveiled its newest endeavour: the CanLII Manual to British Columbia Civil Litigation. The resource consists of nine “pathfinders” dealing with specific areas of the law, a guide to civil procedure at the BC Supreme Court, and annotated rules of court for both the BC Supreme Court . . . [more]

It’s the type of story we like to bandy around in legal technology circles. Precocious law student interested in technology founds a start-up with some friends. They create some innovative solutions, and make it big enough to establish a company.

In 2014, three students founded ROSS Intelligence, an artificial intelligence driven product using Watson, to build tools that enhance lawyers’ abilities through natural language queries. The company was widely celebrated as the type of successes that entrepreneurial lawyers could create, and quickly attracted capital and strategic partnerships in the industry.

Unfortunately, this week ROSS Intelligence announced they are shutting down . . . [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) : Alexandre Bissonnette, condamné à l’emprisonnement à vie après avoir été reconnu coupable de 6 meurtres et de 6 tentatives de meurtre à la grande mosquée de Québec, devra purger 25 ans de sa peine d’emprisonnement à vie avant d’être admissible à une libération conditionnelle, plutôt que 40  . . . [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:

• Research Resources and Inclusivity Initiatives Librarian (Full-time) | Ithaca, New York
  (Cornell University Law Library)
• Legal Content Developer (Full-time) | Toronto, ON
  (CLEO – Community Legal Education Ontario)
• Indigenous Law and Indigenous Outreach Librarian (Full-time) | Victoria, BC
  (University of