Canada’s online legal magazine.

The Opportunities Hidden in Law’s Eternal September

I was recently speaking with someone about the Internet’s “Eternal September”, which is the concept that starting in 1993/1994 so many new users started using the internet that it could never settle into the online equivalent of November on campus, when people have figured things out where their classes are and where to get the sandwiches they like for lunch. From the perspective of 30+ years later, with no indication that the phenomenon has slowed, wearing a t-shirt saying that the internet was full in 1993 seems to lack, if not imagination, then at least prescience. However, the cultural . . . [more]

Posted in: Legal Technology

Thursday Thinkpiece: Andrew Flavelle Martin on Legal Ethics and the Attorney General

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.

Legal Ethics and the Attorney General: A Canadian Analysis

Author: Andrew Flavelle Martin
Publisher: University of Toronto Press
Publication Date: April, 2025
ISBN 9781487554736 (hardcover) | ISBN 9781487554774 (EPUB) | ISBN 9781487554767 (PDF)
Page count: 288 pages; 6 x 9

 

Excerpt: Chapter 1. Introduction: The Attorney General and the Practice of . . . [more]

Posted in: Thursday Thinkpiece

Should Law Students Be Using AI — Even on Exams?

An email from a faculty member at the University of Toronto on the topic of AI made the rounds at law schools across Canada recently. It’s about using AI on final exams.

It points out that if a student has an app already open when they launch Examplify – the software most schools use to administer exams – they will have access to that app while writing the exam. This could be a browser with Lexis+AI or the app version of ChatGPT, which would still be online during the exam.

To avoid this, the company that makes Examplify advises running . . . [more]

Posted in: Legal Education, Legal Technology

The US as an Authoritarian State: Danger to the Global Rule of Law

Donald J. Trump’s second term as President of the United States has stunned the world. Commentators increasingly say the US has now crossed the Rubicon into authoritarian territory.

While some say Trump’s actions are erratic, a closer look reveals a methodical attempt by his administration to dismantle a broad range of US institutions and agencies and to suffocate international institutions, universal human rights, and the rule of law. The breakneck speed, scope, and impact of the Trump administration’s actions through Executive Orders and directives has created a chaotic atmosphere of uncertainty and fear around the world.

Checks and balances . . . [more]

Posted in: Justice Issues

Take Advantage of CanLII’s New Interface

CanLII recently unveiled a new interface with the most obvious change being the introduction of a an interactive sidebar for case law and legislation. The sidebar replaces the tabs that used to be located at the top of a page; they include such things as case history and treatment, cited documents, regulations, and AI analysis. The goal of the change was to make legal research on CanLII more efficient, since researchers can see this additional information without moving to a new page.

Clicking on the AI summary in the sidebar provides a helpful overview of the facts of the case, . . . [more]

Posted in: Legal Information

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. Eloise Gratton 2. Risk Management & Crisis Response 3. Timely Disclosure 4. Legal Sourcery 5. IP Osgoode

Eloise Gratton
Hommage aux pionnières canadiennes dans le domaine de la protection de la vie privée à l’occasion de la Journée internationale des femmes

À l’occasion de la Journée internationale

. . . [more]
Posted in: Monday’s Mix

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.

PÉNAL (DROIT) : Après avoir relevé différentes contraventions à la Politique à l’égard de la désignation des techniciens qualifiés en éthylomètre alors en vigueur, le tribunal conclut qu’un doute raisonnable subsiste quant au fait que l’agent ayant manipulé l’éthylomètre approuvé était bien un technicien qualifié en éthylomètre au moment des . . . [more]

Posted in: Summaries Sunday

The Evasive Passive: The Message From the Law Society of Ontario’s Treasurer

Earlier in March of this year, the Law Society of Ontario (“LSO”) removed its CEO following receipt of a report into the circumstances of a dramatic increase in her salary . Subsequently, members of the LSO received an email from the Treasurer, Peter Wardle, dated March 20th entitled “Strengthening governance and accountability at the Law Society of Ontario”, which is the focus of this post. (The message is available on the LSO’s website.)

Before addressing the Treasurer’s email, I provide a brief synopsis of the situation leading to it. Diana Miles became CEO in March 2018, after a year in . . . [more]

Posted in: Miscellaneous

A Brief Note on the “Caretaker Convention” and Prime Minister Carney

Just lately, commentators have criticized Prime Minister Mark Carney for activities he has been engaged in since taking over the leadership of the Liberal Party and thus the prime ministership. These activities, the commentators argue, breach the “caretaker convention” (“the convention”) (see, for example, Carson Jerema, “Mark Carney is acting like a normal PM. He’s not” (“Jerema”) and Tristin Hopper, “Mark Carney’s not really supposed to be doing anything” (“Hopper”), both in the National Post.

Jerema maintains “Mark Carney has been prime minister for all of a weekend, and he already can’t be bothered with . . . [more]

Posted in: Miscellaneous

Creating Stability in Uncertain Times – With the SCARF Model

One of the most uncontroversial openings to this article I can offer is this: we are in uncertain and stressful times. Trade war? Check. Measles on the rise? Check. AI bringing untold and unpredictable change to the world? Check.

When surrounded by change and uncertainty the best advice I can offer is take hold of what you can control of your life and engage with what you can influence.

I can control the topic of my SLAW article this month and I am choosing to use this podium to encourage law firm partners to grasp hold of what you can . . . [more]

Posted in: Practice of Law

Is It Time to Protect the Public Interest in Research?

In the world of research, journal publishers are occasionally compelled to “retract” a published article. It may contain errors that posting a “correction” won’t sufficiently address, may utilize falsified data, may have been published elsewhere, may have been plagiarized, or may have been otherwise compromised. Yet the retracted paper does not disappear. It retains its place in the journal, while being stamped “Retracted” on page after page, along with an explanation. This reflects how the act of publication, when it comes to research, constitutes the official record. Publication is “performative,” according to speech act theory, like naming a ship . . . [more]

Posted in: Legal Information, Legal Publishing

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. Family LLB 2. Blogue SOQUIJ 3. Condo Adviser 4. Know How 5. Michael Geist

Family LLB
Divorce Tips: Top 3 Things to Know About Financial Disclosure

We’ve talked before about the importance of financial disclosure in Family Law proceedings. We’ve mentioned the comment by the Supreme Court

. . . [more]
Posted in: Monday’s Mix