On my way to writing a post applying the UK Supreme Court’s decision on the Boris Johnson prorogation to the City of Toronto decision upholding the province’s reduction of wards, I decided to take a detour to examine the College of Midwives of British Columbia v. MaryMoon in which Madam Justice Sharma held that section 12.1(1) of the BC Health Professions Act (HPA) is unconstitutional because it contravenes section 2(b) of the Canadian Charter of Rights and Freedoms without justification. . . . [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

Legislation Tracking Services
Susannah Tredwell

Based on a discussion on the CALL listserv – many thanks to Martha Murphy for all the information. One of the services typically offered by law libraries is legislative tracking. Examples of this service include tracking a bill from First Reading to Royal Assent (and beyond) and alerting users to proposed changes to an existing piece of legislation. …

Practice

Get . . . [more]

Most professionals agree that thought leadership is an effective form of marketing. It helps you get known publically for your expertise, the research required helps with personal development and publishing articles helps other people find experts which can lead to new files and additional marketing opportunities.

However, does the value of thought leadership differ based on your practice and target audience?

The basic premise of thought leadership is to provide free and thoughtful insight in areas you practice and is of most importance to your audience. The concept is simple and has been discussed at length. For example, a corporate . . . [more]

Despite the increased ability of citizens to voice their political opinions through online media, or perhaps because of it due to the creation of “echo chambers,” political expression in person has retained its attraction in our democracy.

The greater polarization observed online is also reflected in real life.

Last month, an anti-LGBTQ Christian group’s march through Toronto’s gay village was met by a rally promoting unity. The counter-protest was just as notable, but both were dwarfed by the police presence, which kept the two groups apart. At times, this separation was achieved forcibly.

Similar protests and counter-protests, especially with white . . . [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.

ENVIRONNEMENT : IMTT-Québec inc. n’a aucune autorisation à demander aux autorités provinciales en vertu des articles 22, 31.1 et 31.1.1 de la Loi sur la qualité de l’environnement pour construire ses réservoirs et ses quais de chargement dans le port de Québec ainsi qu’y mener ses activités, tant que celles-ci . . . [more]

A reporter called me the other day with a perfectly simple question about the potentially enormous changes to legal regulation on the way in California, Utah, and Arizona.

Specifically, she noted that England & Wales brought about significant changes to its legal regulatory system eight years ago, yet not much has changed in those jurisdictions. Why do I think that these possible US reforms would yield a different outcome, especially with regard to access to justice and innovation?

As other reporters have learned to their chagrin, I’m incapable of giving a nice concise answer to perfectly simple . . . [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 (newest first):

• Family Law Lawyer (Full-time) | Sherwood Park, AB
  (Ahlstrom Wright)
• Family Lawyer (4-6 years) (Full-time) | Chilliwack, BC
  (Waterstone Law Group)
• Civil Litigation Associate (3-5 years) (Full-time) | Langley, BC
  (Waterstone Law Group)
• Wills and Estates Lawyer (4-6

Written by Lewis Waring, Paralegal, Editor at First Reference

In Moore v Ferro (Estate), 2019 HRTO 526 (CanLII) (“Moore”), a British-trained lawyer licensed to practice in Ontario applied for a position at a law firm and was denied. The applicant responded to his denial by claiming that the law firm had discriminated against him in violation of the Ontario Human Rights Code.

The nature of that discrimination, the applicant claimed, was based upon his race and age and was demonstrated by the firm’s interview procedure, refusal to hire him and the language used in their correspondence with him. . . . [more]

Should a lawyer decide how much his client should pay him, and then write himself a cheque for that amount, without the client’s agreement? Is a discretionary judicial decision about the value of a legal service an adequate substitute for an agreement between lawyer and client? In Newell v. Sax, the Ontario Court of Appeal effectively answered “yes” to both of these questions. In my view, arbitrary fees invented by lawyers, or judges, are a grave and unnecessary threat to legal ethics. The law should insist on upfront disclosure and clear contractual agreements about legal fees, absent very exceptional . . . [more]

A recent University of Hertfordshire study found that the majority of second-hand hard drives contain previous owner’s data. They purchased 200 used hard drives, and found that 59% still contained data from previous owners.

ZDNet has the details of the findings, and more importantly, 14 ways to wipe them effectively.

Every electronic device has some sort of memory that can potentially contain sensitive, confidential, or personal information. That includes computer hard drives, solid state drives, thumb drives, photocopiers, phones, cars, watches, smart TVs, and the list goes on. Whether we are disposing them, selling them, or returning them, we need . . . [more]

Although legal aid funding remains a challenge, and in many jurisdictions is under threat, a global interest in access to justice has gained momentum in recent years. In part, this interest is built around United Nations Sustainable Development Goal (SDG) 16 with the involvement of new and influential players in access to justice such as the Organization for Economic Co-operation and Development (OECD), the World Bank and the Pathfinders for Peaceful, Just and Inclusive Societies. Some countries in which legal aid is a recent development have introduced national legal aid legislation and are making progress toward national systems. On . . . [more]