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.

Incitement on Trial: Prosecuting International Speech Crimes. By Richard Ashby Wilson. Cambridge: Cambridge University Press, 2017. xii, 356 p. Includes bibliography and index. ISBN 978-1-107-10310-8 (hardbound) $92.00; ISBN 978-1-107-50126-3 (paperback) $34.00.

Reviewed by David Hurren
Hurren and Gibson, Fort Erie, ON
In CLLR 43:2

Incitement on Trial by Richard Ashby . . . [more]

On June 15, 2010 I wrote a column for Slaw titled “Evolution of Bilingual Judgments in New Brunswick”. The judicial process was only a part of the struggle of New Brunswick francophones against assimilation.

Francophones, speaking French at home, account for about 30% of the New Brunswick population of 730,000.

I was a practicing lawyer in New Brunswick in the 1960s when the court process functioned only in English. A trial in French was not available. The land registry was only in English, you could not file a mortgage in French. Files maintained by lawyers were only in . . . [more]

Last week, several access to justice champions involved in delivering legal aid services in the province participated in a panel on TVO’s The Agenda. In this segment, panelists discussed how critical Ontario’s legal aid system is to access to justice, not only for those who are marginalized but also, fundamentally, to a fair and participatory justice system. Julie Mathews, Community Legal Education Ontario’s (CLEO) executive director and a featured panelist, highlighted the importance of ensuring that people – particularly those who are marginalized – are able to understand and exercise their legal rights. Good legal aid includes understandable, accessible, . . . [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. Das v. George Weston Limited, 2018 ONCA 1053

[175] In the present case, the appellants assert that Loblaws assumed responsibility for the safety of the workers in Rana Plaza and anyone else attending there based on its relationship with New Wave. The argument for Loblaws’ assumption of responsibility is grounded in four essential factors: the incorporation of Loblaws’ CSR Standards into . . . [more]

The enactment of Canada’s medically assisted dying legislation in June 2017 left three areas in particular outstanding: whether mature minors could seek a medically assisted death, whether medically assisted death would be available when the reason for seeking it is mental illness and whether an individual could provide for an advance directive for a medically assisted death when they were no longer able to consent.

Here I make some remarks about advance directives, using the report from the Council of Canadian Academies (CCA), which had been given the responsibility by the government to gather information about the three issues (the . . . [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

Printing Clean Versions of Web Pages
Susannah Tredwell

A very quick tip today: if you’re trying to print out a readable version of a web page, but the website doesn’t provide the content in a print friendly format, try using https://www.printfriendly.com to remove any extraneous information.

The Verb Summons: A ‘Horrible Expression’?
Neil Guthrie

Summons is one of those odd nouns that ends in –s in . . . [more]

To many clients, one of the key benefits of unbundled legal services is that clients have the opportunity to play a key role in solving their own legal problems. They appreciate the “partnership” approach between lawyer and client and say that they feel more “empowered”. Forrest (“Woody”) Mosten, the Father of Unbundling, says:

“Unbundling is based on a power-sharing between attorney and client as to how to handle the case and who will do the work. Also, unbundling and Collaborative Law both underscore client empowerment as the basis for these forms of legal services.”

An empowerment approach also helps . . . [more]

Rideshare companies like Uber have already completely transformed the transportation industry, but they are not without their detractors. As I first mentioned in 2017, a class action launched against the company, and has recently made its way to the Ontario Court of Appeal.

The Superior Court motion decision, summarized on Slaw here, relied on the Arbitration Act, 1991, the International Commercial Arbitration Act, 2017, and case law such as Seidel v. TELUS Communications Inc., Wellman v. TELUS Communications Company, and Douez v. Facebook, Inc., to stay the action in favour of a mandatory . . . [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):

• Lawyer Opportunities (Contract Roles) | Toronto, ON
  (Caravel Law)
• Manager, Community and Content (Full-time) | Canada-Wide/Location Independent
  (CanLII)
• Assistant Professor or Associate Professor (Full-time) | Ottawa, ON
  (University of Ottawa)
• Assistant Professor/Director of the Samuelson-Glushko Canadian

It was in my role as a director of Dunedin Academic Press that recently and with some trepidation, I attended a series of workshops on open access (OA) in relation to scholarly monographs. Issues surrounding open access, as they apply to the academic journals market are now substantially rehearsed but they are less so in relation to books and the various markets for them. While most of the discussion and progress made thus far is in the academic market and primarily in such fields as humanities and social sciences, it certainly made me ponder, perhaps with a degree of anxiety, . . . [more]

Most of what you are being told about the future of blockchain in the legal profession is nonsense.

Don’t get me wrong. Blockchain is very cool. And I am the furthest thing from a luddite you will find in the legal profession. I’m a part-time LLM student at the University of Alberta Faculty of Law and Department of Computing Science studying the automation of legal reasoning. I’m an ABA Innovation Fellow for 2018/2019, writing open-source software to automate analogy to prior cases. I am an advocate for the adoption of technology in law.

So I’m enthusiastic about blockchain being adopted . . . [more]