It’s not business as usual in Canadian courts. The COVID-19 pandemic has upended court operations, just as it has upended every other aspect of daily life. One response to the need to ensure physical distancing has been to move in-person court hearings to virtual formats. Beyond the utility of virtual hearings as short term emergency measures, there is reason to believe that this moment may well mark the start of a shift toward increased use of virtual hearings in the longer term. In discussing the impact of COVID-19 on courts, the Chief Justice of the Ontario Superior Court has stated . . . [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. Rajan, 2020 ONSC 2118 (CanLII)

[68] While the tertiary ground reasons for detention are based on a visceral reaction against release–a somewhat abstract notion premised on gauging the reasonable views of the public–the threat of COVID-19 in a jail setting is based on cold, hard scientific reality.

[69] The two must be counterbalanced against each other. The traditional grounds for . . . [more]

Law touches many aspects of daily life. We skim and (hastily) agree to user agreements in order to stream music and videos online, sign lease agreements for housing, hydro contracts for hot water and electricity, and employment contracts that outline terms and conditions for work. The everyday legal problems landscape is rife with disputes with employers and neighbors, arguments over money owed, contentious divorces, and many other civil justice problems. The recent economic and social pressures created by the COVID-19 crisis have certainly not improved things. Everyday legal problems carry legal ramifications and profound personal, financial and social consequences. Much . . . [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.

Technology

Get Free Help With Publishing Reference Docs Online During COVID-19
Emma Durand-Wood

In the midst of the COVID-19 pandemic, the Canadian legal tech industry is stepping up to help. Joining Clio and Optimize Compliance in offering generous assistance during this challenging time is Lexum, which today made the following announcement: Need to Provide Open Access to Key Documents and Materials? Lexum Will Help at No Cost. …

Research . . . [more]

In January, the panel tasked with the review of Canada’s telecommunications framework issued its report. Some of the recommendations are to be saluted, but others have left me worrying, most importantly the recommendations that aim to effectively regulate the Internet the same way that we have regulated broadcast since the last century.

This post is certainly not intended to be a comprehensive discussion of the report. If you’re looking for such a thing you can, well, read the report to hear the panellists’ explanations for their recommendations, or head to Michael Geist’s blog to hear about the other side . . . [more]

On June 16, 2019, the Assemblée nationale du Québec passed the Act respecting the laicity of the State. On its face, the Act would appear to be controversial, seeking to ensure the non-religious nature of the state,

2. The laicity of the State is based on the following principles:

(1)   the separation of State and religions;

(2)   the religious neutrality of the State;

(3)   the equality of all citizens; and

(4)   freedom of conscience and freedom of religion.

The very next day though, the Act was challenged on the basis . . . [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 Ju stice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : La tenue d’un nouveau procès est ordonnée sous des chefs d’homicide involontaire par acte illégal et de négligence criminelle causant la mort visant un policier de la Sûreté du Québec qui, alors qu’il était dans l’exercice de ses fonctions, a déchargé son arme sur le jeune . . . [more]

Bringing British things across the pond is a hot Canadian trend. Prince Harry and Megan Markle are now our most famous immigrants. A Canada-U.K. free trade deal has apparently become a post-Brexit priority. And the Downton Abbey movie has raked in hundreds of millions of dollars from my parents and their friends.

While we’re at it, we should copy at least three aspects of legal services regulation as practiced in our erstwhile mother country. The U.K. has swept away many of the outdated and unnecessary restrictions on legal services that we still cling to. The payoff is better access . . . [more]

Written by Lewis Waring, Paralegal, Student-at-law, Editor, First Reference Inc.

In the federally regulated employment sector, working overtime hours is subject to a number of requirements under the Canada Labour Code. Although such legislation requires that any and all overtime work be compensated adequately, even providing such compensation does not ensure that employers in the federally regulated sectors are in compliance with their obligations. In a recent decision, an Ontario court decided an employer’s policy and labour practices regarding overtime hours failed to comply with the Canada Labour Code in a dramatic and broad class-action lawsuit brought by a . . . [more]

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.

The Law of Work, Second Edition

Authors: David J. Doorey (with contributors for selected chapters)

ISBN: 978-1-77255-618-6
Publisher: Emond Publishing
Page Count: 696
Publication Date: March, 2020

Regular Price: $93 (print), $72 (e-book)

Excerpt: from Chapter 2, “A Framework for Analyzing the Law of Work,” pp. 20-26, in Part I: The Law . . . [more]