Canada’s online legal magazine.

Alberta’s Whistleblower Legislation

In 2018, Alberta amended its whistleblower protection legislation. It is a modest improvement over previous legislation, and relative to the federal Act. However, in a number of respects, the legislation does not go far enough.

First, a little bit of context. Whistleblowing legislation serves two inter-related purposes: upholding the public interest in exposing serious wrongdoing, while protecting employees who blow the whistle on that wrongdoing. On this last point, the legislation is remedial by protecting the employee from dismissal or reprisal that might otherwise be permitted at common law. In Canada, whistleblowing legislation (which exists in most provinces) . . . [more]

Posted in: Intellectual Property, Justice Issues, Practice of Law

Whither English-Canada Law Schools?

Ryerson University in Toronto recently announced that its new law program will allow students to include what would otherwise be post-graduate training as part of their law school stage of legal education (or perhaps more accurately, avoid training after graduation). The school’s curriculum will adopt the Integrated Practice Curriculum (IPC) concept. This follows the same design as that of the Bora Laskin Faculty of Law at Lakehead University in Thunder Bay. Ryerson’s decision, coupled with that of the Lakehead program, raises anew a question that has never really received a definitive answer: what is the role of university law schools? . . . [more]

Posted in: Education & Training: Law Schools

Tips Tuesday

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

How to Create Your Own Teleprompter
Lesha Van Der Bij

A few years ago, I stopped using paper notes when giving presentations. Instead, I began using my iPad for speaking notes. It seemed easier (and less distracting) to scroll through a single page than flipping through paper notes. …

Research & Writing

Due to
Neil Guthrie

Riders of the subway in Toronto will be familiar with announcements along . . . [more]

Posted in: Tips Tuesday

Mali Leading

In the Hague Declaration on Access to Justice that was adopted on 7 February this year three things stand out (see my previous column). It recognises the need to make justice systems more people-centred. It calls for a more evidence-based way of working. And, finally, it calls for innovation. The question that nobody has really answered is: how does that work? If you are a minister of justice and you wake up one day thinking “I want to do that Hague Declaration thing”, what comes next? How do you know what ‘people-centred’ is? What does “evidence-based working” mean in . . . [more]

Posted in: Practice of Law

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Employment & Human Rights Law in Canada 2. Global Workplace Insider 3. Avoid a Claim 4. McElroy Law Blog 5. Timely Disclosure

Employment & Human Rights Law in Canada
Sexual Harassment in the Fundraising Donor Space – Part Two

Firstly, Happy May Day and Happy International Workers’

. . . [more]
Posted in: Monday’s Mix

First Reported Case of CBSA Seizure of Legal Files

I’ve previously highlighted the concerns of border officials seizing and reviewing information and documents protected by solicitor-client privilege found on electronic devices.

The first publicly reported case of this occurring was released this weekend, involving an lawyer from Toronto returning from Guatemala and Colombia on April 10,

“The policy’s outrageous,” said Toronto business lawyer, Nick Wright. “I think that it’s a breach of our constitutional rights.”

His thoughts follow a personal experience. After landing at Toronto’s Pearson Airport on April 10, he said the Canada Border Services Agency (CBSA) flagged him for an additional inspection — for no stated reason.

. . . [more]
Posted in: Technology

Summaries Sunday: SOQUIJ

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.

PROTECTION DU CONSOMMATEUR : Les articles 11.2, 11.3, 13, 214.2 et 214.7 de la Loi sur la protection du consommateur, qui ont pour effet de régir les conditions de commercialisation des télécommunications, sont inapplicables et inopérants à l’endroit de Telus Communications inc.

Intitulé : Directeur des poursuites criminelles et . . . [more]

Posted in: Summaries Sunday

Friday Roundup: Slaw Jobs

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):

. . . [more]
Posted in: Friday Jobs Roundup

A Tribute to David W. Scott, OC, QC, LL.B 1960 (1936-2019)

On March 21, 2019, the Canadian legal profession lost a giant of the bar: David Scott passed away in Ottawa after a sudden hospitalization. I regret that I did not get a chance to see David in the hospital or tell him how much he meant to the University of Ottawa law school, to our profession and to me. I can only offer this tribute instead.

David Scott represented the very best of our profession. He was recognized for his accomplishments with the highest honours our profession provides. That he was the first Canadian ever to be elected President of . . . [more]

Posted in: Legal Education, Practice of Law

British Columbia Employment Standards Changes

On April 29, 2019, the British Columbia government tabled Bill 8, Employment Standards Amendment Act, 2019 to significantly update the Employment Standards Act and incorporate some recommendations from the BC Law Institute, as well as from the BC Employment Standards Coalition, the BC Federation of Labour and feedback from workers, employers and the public. Further recommendations from these reports will be considered at a later date and proposed legislation tabled.

The ESA has not been significantly updated for 15 years and there are several areas where changes are needed and overdue. However, the government will be implementing the updates in . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

NMOneSoure 2.0: Open Access to New Mexico Legal Information Is Now Powered by Lexum

New Mexico is one of the few U.S. States where the official publishing of legislation and case law is centralized in the hands of a specialized enterprise agency, the New Mexico Compilation Commission (NMCC), created in 1941. Over the last fifteen years, the State of New Mexico has been its own self-publisher of its official laws. NMCC has been providing three distinct online services: its agency website for posting slip opinions, formal and unreported opinions and new court rule amendments on behalf of the Supreme Court of New Mexico; a free, word-searchable online database of unannotated statutes at the request . . . [more]

Posted in: Legal Publishing

Wednesday: What’s Hot on CanLII

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. Platnick v. Bent, 2018 ONCA 687

[110] Without diminishing the public interest in protecting comments made to promote the effective administration of justice, I am satisfied that the potential harm to Dr. Platnick outweighs the public interest in protecting Ms. Bent’s expression. Dr. Platnick’s allegation, if eventually made out, is a very serious one, both in terms of the financial harm . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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This project has been made possible in part by the Government of Canada | Ce projet a été rendu possible en partie grâce au gouvernement du Canada