Canada’s online legal magazine.

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 research, writing, and practice.

Research & Writing

Law Reviews, Journals, and Newsletters on CanLII
Law Society of Saskatchewan Library

Over the past few months, CanLII has been rapidly growing its collection of secondary sources, which now includes law reviews, journals, and newsletters. For more information on what’s available …

Practice

Does Your Law Firm Need a New Website?
Sandra Bekhor

Web design is a fast-moving field. Do these changes make you wonder if it’s

. . . [more]
Posted in: Tips Tuesday

The Never-Ending Debate: What Should Be Required in Order to Become a Lawyer?

The qualifications required of new Ontario lawyers has been the subject of virtually continuous debate for generations. Starting in the late 1950s, being called to the bar required (i) a law school degree, (ii) practical training through the bar admissions course and (iii) an articling apprenticeship. The bar admissions course came to an end in the 2000s. A law practice program (the LLP) has recently been added as an alternative to articling. The qualifications debate continues with the focus now being whether articling and/or the LLP should continue and, if so, in what form. The central question today is what, . . . [more]

Posted in: Legal Ethics

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. Canadian Appeals Monitor 2. First Reference 3. Le Blogue du CRL 4. Employment & Human Rights Law in Canada 5.Vancouver Immigration Law Blog

Canadian Appeals Monitor
Beer, Bedford, and beyond — the Supreme Court of Canada and the limits of precedent in R. v. Comeau

R.

. . . [more]
Posted in: Monday’s Mix

The Deleterious Effects of Emphasizing Privacy Over Openness

The importance of privacy in our technologically driven society can never be overrated, but even then there are limits to the extent to which a free and democratic society can and should protect privacy interests.

The Freedom of Information and Protection of Privacy Act (“FIPPA”) received royal assent in 1987, coming into force in 1988. The Act was the result of the NDP conditional support of the Liberal minority government that would create new freedom of information and privacy protections, based on the 1980 report, Public government for private people : the report of the Commission on Freedom . . . [more]

Posted in: Justice Issues

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.

TRAVAIL : Même si l’entrevue d’embauche officielle n’était pas commencée, la représentante de l’employeur ne devait pas poser de question sur l’origine ethnique du nom du plaignant; il s’agit d’une question discriminatoire au sens des articles 18.1 et 10 de la Charte des droits et libertés de la personne. . . . [more]

Posted in: Summaries Sunday

Sad and Nervous or Depressed and Anxious: Is There a Difference?

I am one of a growing number of Canadians who find winters difficult. I don’t enjoy outdoor activities in the snow, I don’t like being cold, and the lessened daylight leaves me wanting to wrap up in a blanket and wait for Spring to arrive. Throughout January, February and March I grit my teeth, turn on my light therapy lamp, pop my Vitamin D, and remind myself it will all be better when Spring arrives.

Well, it’s Spring now (or at least that’s what the calendar says… mother nature seems to be hitting the snooze button). We are still waiting . . . [more]

Posted in: Practice of Law

New, Extended and More Flexible Statutory Leaves in British Columbia

On April 12, 2018, the British Columbia government granted third reading to Bill 6, Employment Standards Amendment Act, 2018 to better support working families by providing new, extended and more flexible maternity, parental and compassionate care leaves. The Act comes into force on the day it receives royal assent. Specifically, when enacted, the Bill will: . . . [more]

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

Devices Gone Wild

These days all sorts of things are connected to the Internet, even if they are not traditionally thought of as communications devices. We have looked at “devices” such as cars, pacemakers and dolls. We have looked at legal issues such as privacy, defamation and evidence.

The Internet of Things is a gift that keeps on giving … legal questions. Here are a few more examples of what can, and thus will, go wrong.

I. Alexa and the parrot:

Alexa is Amazon.com’s digital assistant. It responds to voice commands and voice inquiries. It will find out information, . . . [more]

Posted in: Legal Technology

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. R. v. Jackson, 2018 ONSC 2527

[6] But, Mr. Jackson, this case is also about how the criminal justice system treats African Canadians. I have been asked to do something about changing the law. So I have had to think about this. I will apologize in advance, because this discussion will take some time. It will involve a lot of legal . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Legal Project Management in Thirty Seconds

Can I teach Legal Project Management in thirty seconds? Of course not.

But I can teach the single most important question a project manager must ask: What does success look like?

In the book that defined this field (titled, for some reason, Legal Project Management), I focused a critical chapter on the need to define “Done.” Having spent much of the past decade teaching lawyers around the world to manage their projects, I’ve come ‘round to a different – and I believe clearer – way to frame that definitional issue: What does success look like?

For a certain subset . . . [more]

Posted in: Practice of Law

Five Ways to Make Law School More Rigorous and Engaging

Next year will be year 30 since I graduated from law school. It will also mark 15 years since I began teaching law. What is perhaps most remarkably similar about both experiences is how little curriculum design and teaching methods have changed over the course of this time. Sad to say (and even harder to admit) is that law school is often neither rigorous in its methods nor very engaging the content it offers.

The format of a typical course, from a student perspective, is to read through a punishing amount of turgid prose found in judicial decisions, passively listen . . . [more]

Posted in: Intellectual Property, Legal Education

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 research, writing, and practice.

Research & Writing

Oh, With the Verbing!
Neil Guthrie

Professor Frink says this on The Simpsons, but don’t you do it. In simple terms, a verb is an action word. Sometimes there doesn’t seem to be a good verb available to express a particular action, so it may make sense to adapt a noun or some other word. This is often fine, but often not. Herewith, some of the . . . [more]

Posted in: Tips Tuesday

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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