Across Canada, the promise of accessible justice too often ends at the courthouse door. While our legal frameworks—from the Charter to provincial human rights codes—declare that people with disabilities deserve equal treatment in court, the reality on the ground tells another story. Inconsistent practices, unclear processes, and invisible barriers routinely frustrate the ability of litigants with disabilities—especially those who are self-represented—to participate fully in legal proceedings.

In my research on disability and access to justice, one conclusion became unavoidable: without dedicated institutional roles to oversee and facilitate accessibility in courts, equity will remain aspirational. It’s time for Canada to appoint . . . [more]

After I wrote this column but before it went to press, my colleague Brandon Trask of UManitoba posted a similar column to the RobsonCrim blog. To the extent that I repeat some points he’s made, that repetition is valuable and worthwhile. I encourage readers to check it out.

What should and must a lawyer do when their client, or the representative of their client, attacks judges and large unidentified swaths of the entire bench? What if the lawyer is standing next to them when they do so? What if the lawyer is the Attorney General and the speaker is the . . . [more]

If you’re looking for court documents related to a Canadian insolvency proceeding and you know who the receiver or monitor is, check their website. Receivers often make the documents related to the proceeding publicly available on their website.

For example:

• https://www.pwc.com/ca/en/services/insolvency-assignments.html
• https://documentcentre.ey.com/#/home
• https://www.insolvencies.deloitte.ca/en-ca/Pages/Search-Insolvencies.aspx
• https://kpmg.com/ca/en/home/services/advisory/deal-advisory/creditorlinks.html
• https://www.doanegrantthornton.ca/service/advisory/creditor-updates/

— Susannah Tredwell . . . [more]

Authoritarian attacks on foundational principles of the rule of law have escalated in the United States since President Trump’s inauguration. This column expands on my previous column and looks at the role of Christian religious nationalists who have joined politicians and billionaires in the Trump administration’s mission to dominate every branch of the US government and civil society, and to invert the rule of law in North America and globally.

Religious nationalism in a global context

Historical records are strewn with tragic results of entanglements among religious, economic, and imperial powers. Those whose lands, resources, and cultures have been overtaken . . . [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) : Au regard des craintes exprimées par l’accusé quant à sa sécurité à son arrivée en prison, le juge de première instance a eu raison de conclure que l’ensemble des circonstances justifiait la nécessité d’une nouvelle consultation avec un avocat en raison d’une situation nouvelle ou émergente; le . . . [more]

Claims for infringement of a patent have an unusual place when it comes to limitation periods. A recent decision of the Alberta Court of Appeal has provided some clarity to this issue but there is still uncertainty as to limitation periods for infringement claims.

Most provinces have legislation that impose a limitation period on claims. For example, in Ontario, the Limitations Act provides that, “a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.” Similarly, in Alberta, “if a claimant does not seek a remedial . . . [more]

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Legal Guide to Emerging Technologies. By Imran Ahmad & Shreya Gupta. Toronto: LexisNexis, 2023. xiv, 113 p. Includes index. ISBN 9780433524748 (softcover) $130.00.

Reviewed by Katarina Daniels
Research Lawyer, Library Services Lead
Davies Ward Phillips & Vineberg LLP

Legal Guide to Emerging Technologies provides a clear and structured introduction to . . . [more]

My last Slaw column discussed two recent cases in which Ontario’s Law Society Tribunal found individuals who had previously engaged in sexual misconduct involving minors were currently “of good character”. The findings in those cases, AA and Colangelo, have since been (repeatedly) upheld on appeal.[1]

Unsurprisingly, these decisions were controversial in the court of public opinion (sample Toronto Star comment: “When your [sic] a member of a governing body that characterizes pedophiles as people ‘of good character’, you have a problem”). Lawyers and law students similarly expressed dismay with the outcomes (for example, one commenter on . . . [more]

I have the impression, no more than that, and in no sense verifiable nor measurable, that among the eminent experts and commentators, there seems to exist a possibly small number of self-interested and obsessive nerds, primarily in North America, on the periphery of that part of the law publishing industry which actually has paying customers, who spend much of their time pretentiously telling us that the major players are about to go under and be overtaken by minnows. I understand that similar but different paranoia extends also to legal practice; it seems, to me at least, to be . . . [more]