The Covid-crisis lays bare things that were always there but not that visible. Inequality. Vulnerability. The amount we travel. How marketized our societies have become. What it also shows is how the justice sector in most countries is caught up in itself. Four structural vulnerabilities are laid bare.

Firstly, the self-image. When the presidents or prime ministers of the world declared lockdowns – except for ‘essential services’ – courts generally closed. That conveyed a self-image of not being an essential service. Most citizens (and some judges) see that differently. If you are a doctor with a . . . [more]

On May 1, 2020, the Prime Minister of Canada announced that semi-automatic, assault-style weapons, would be banned,

These weapons were designed for one purpose and one purpose only: to kill the largest number of people in the shortest amount of time. There is no use and no place for such weapons in Canada.

Effective immediately, it is no longer permitted to buy, sell, transport, import or use military-grade assault weapons in this country.

The full list of the over 1,500 weapons was published in the Canada Gazette, as a regulation to the Criminal Code provisions regarding the terms “non . . . [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.

ACTION COLLECTIVE (RECOURS COLLECTIF) : Une action collective invoquant l’omission de fournir un service fiable et ponctuel sur les lignes de trains de banlieue de Deux-Montagnes et de Mascouche est autorisée contre le Réseau de transport métropolitain et l’Autorité régionale de transport métropolitain au nom des personnes ayant payé . . . [more]

Everyone is talking about the “new normal”: working from home; self-isolation and even quarantine; kids running around the house; dogs barking; cats acting as paper weights; spouses carving out their own work spaces and sharing space; unstable internet connections; and even cabin fever.

Just because we are working from home and can walk around in our jammies, t-shirts, track pants or even bathrobes (a’ la JJ) does not mean we should. Maintaining consistency and routine will help you through the pandemic and make you more efficient.

Even in the best of non-pandemic times, our clients are worried and scared. This . . . [more]

In prior posts, I have highlighted problems with conflict of interest (or ethics) legislation regulating politicians in Canada. In particular I have commented on how legal privilege (for example cabinet confidence in the SNC Lavalin controversy) thwarts investigations. I have also highlighted the loophole in ethics rules (and their interpretation by some commissioners) that exempt political gain as an interest that may conflict with a member or Minister’s duty to serve the public interest.

A recent controversy in Alberta politics has exposed more loopholes in ethics rules. Part of that controversy was that Alberta Health Minister Shandro, who is . . . [more]

We are living in unusual times. While some of us are battling illness, overwork, or the exuberance of nearby small children, others are finding ourselves with more self-directed time than usual. If you are seeking some direction for your work, here are some ideas for research challenges or organizational methods so that you can learn something or organize something to make your future work life easier. They’re arranged according to the approximate time they’ll take: very short tasks, tasks for an hour or so, and multi-hour tasks.

Organizational tasks for five minutes or less:

Organize your inbox. For almost everyone, . . . [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. J.R., 2020 ONSC 1938 (CanLII)

[21] The tertiary ground is conceptually distinct from the primary and secondary grounds. The latter relate to an assessment of the probability that the accused will behave in a certain way, that is, fail to attend court or commit further offences. The tertiary ground is not concerned with predictions about the accused’s behaviour but, . . . [more]

The People’s Law School in British Columbia is offering free legal information through a Chatbot on Facebook.

@chatwithbeagle answers questions through Facebook messenger at https://www.messenger.com/t/chatwithbeagle.

The chatbot starts off saying:

I work for People’s Law School. I’m here to sniff out information to help you with common legal problems. My goal is to empower you to take action.

Recognize, though, that I’m a bot, not a lawyer. I can get you up to speed on the law and suggest tips to move things forward. But it’s on you to take the next step.

I can help with these topics.

Yesterday (April 27, 2020), the Ford government released “A Framework for Reopening our Province“, a three-stage process that is likely to be applicable until a vaccine is available. The Framework is based on some important principles and it includes on-going reassessment and review to ensure the spread of COVID-19 has not recurred. With this Framework in mind, as well as steps already taken elsewhere, it is worth considering the kinds of legal questions that might arise as we seek to reopen our society fully. . . . [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

Know the Difference Between Consolidated Acts and Annual Acts
Susannah Tredwell

One question that comes up on a regular basis is “why can’t I find a copy of this act on CanLII?” One possibility is that the act is an annual statute that only amends another act (or acts), e.g. the Human Rights Code Amendment Act, 2018, S.B.C. 2018, c. 48. Not all amendment acts appear . . . [more]

My heart goes out to everyone – because everyone is affected by the COVID19 pandemic in some way, personally, professionally, or both.

At the risk of seeming insensitive, this situation is both a tragedy and an opportunity. In terms of my work life, what is weighing most heavily on my mind is how we can use this opportunity to reimagine the family justice system and replace it with something new. As many have already pointed out (here and here for example), the COVID19 crisis is exposing significant structural deficiencies of Canada’s current justice system – the court system in . . . [more]