Prime Minister Boris Johnson’s decision to prorogue the UK Parliament last week reminded us of Prime Minister Stephen Harper’s twice-proroguing of the Canadian Parliament in the space of about a year. It is, say supporters, just like any other quite regular prorogations; not so, say opponents, they undermine the nation’s constitutional structure. What makes the difference? The reason, the motivations, for the disruption of the parliamentary sitting in each case. What can be done about unconstitutional proroguing of Parliament? I discuss three responses. . . . [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

Confusing Pairs Redux
Neil Guthrie

Broach/brooch: You broach a subject when you raise it with someone: The partner broached the issue of missed deadlines with the hapless associate. A brooch is a piece of jewellery typically pinned to the upper breast: The Queen always wears a large diamond brooch on her coat or dress, but her ancestor James I preferred to pin one to his hat. . . . [more]

By all accounts, last week’s Ethics Commissioner Report on the SNC-Lavalin controversy was a bombshell, condemning as it did Mr. Trudeau’s improper attempts to infringe the prosecutorial independence of the Attorney-General’s office.

But other than revealing the extraordinary access of SNC-Lavalin to the highest ranks of government and the magnitude of the combined efforts to obtain a deferred prosecution agreement that would dismiss foreign corruption charges against the company, we learned very little we did not know before.

Indeed, the most striking part of Mr. Dion’s report is that he was denied access to important information that would bring all . . . [more]

Utilizing of the media, including social media, is an essential aspect of any civil litigator’s strategic arsenal. The Model Code of Professional Conduct outlines in Rule 7.5 the circumstances where a lawyer can communicate information to the media, which includes obligations to the client, the profession, the courts, or the administration of justice.

These communications must still be in the best interest of the client, and conducted in a professional manner. They should also not communicate any information that has a “substantial likelihood of materially prejudicing a party’s right to a fair trial or hearing.”

Communications with the media should . . . [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.

FAMILLE : La filiation par procréation assistée en faveur de deux mères, selon les termes de l’article 539.1 C.C.Q., permet au père biologique de s’engager dans la vie de l’enfant même s’il n’est pas le père au sens de la loi, tout en laissant intact le projet parental des conjointes; . . . [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):

• Commercial Real Estate Lawyer (Full-time) | Toronto, ON
  (The Heller Group)
• Securities Lawyer (Full-time) | Toronto, ON
  (The Heller Group)
• Advocacy Lawyer (Full-time) | Ottawa, ON
  (The Canadian Bar Association)
• Family Lawyer (4-6 years) (Full-time) | Chilliwack, BC

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.

GENERATION Z GOES TO LAW SCHOOL: TEACHING AND REACHING LAW STUDENTS IN THE POST-MILLENNIAL GENERATION
41 U. Ark. Little Rock L. Rev. 29 (2018). Republished with permission*.

Laura Graham, Director of Legal Analysis, Writing, and Research and Professor of Legal Writing, Wake Forest University School of Law

Excerpt: Abstract from . . . [more]

I recently saw an exciting legal tech product that has a lot of potential. I think it could make a lot of people’s lives much easier. And a partner wants to mandate its usage! You can probably see where this is going. It was a struggle the moment we tried to get others on board: elements didn’t line up with others’ preferences; people were upset about the learning curve; there was massive passive resistance.

This was just one of many similar experiences. It seems technology and persuasion are not sufficient – and barely necessary – to create sustainable mainstream adoption . . . [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.

One Law for All? Weber v Ontario Hydro and Canadian Labour Law: Essays in Memory of Bernie Adell. Edited by Elizabeth Shilton & Karen Schucher. Toronto: Irwin Law, 2017. vii, 382 p. Includes bibliographic references, table of cases, and index. ISBN 978-1-55221-454-1 (softcover) $65.00.

Reviewed by Catherine Cotter
Head Law . . . [more]

The Canadian government has released a Cyber security controls standards document meant for small and medium sized business (499 employees or less), along with a certification program called CyberSecure Canada.

Cyber risks seem to be getting worse. Dangers include external hackers, phishing and social engineering attempts, and intentional and unintentional internal leaks. Responsibility is now considered to be at the board level, and does not stop at the CIO.

Cyber security can be a daunting task for small business. As the standard says, normal security standards “… are expensive to implement, beyond the financial and/or human resources means of most . . . [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. Pollard Windows Inc. v 1736106 Ontario Inc., 2019 ONSC 4859

[51] In my view, having admitted liability formally, including admitting the facts on which liability was based, it is not open to 1746878 Ontario Inc. to withdraw its admission before this court without leave to now argue that the judge erred in finding it liable for contempt. Mr. Hutton argued that . . . [more]