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.

CONSTITUTIONNEL (DROIT) : La Loi sur l’exercice des droits fondamentaux et des prérogatives du peuple québécois et de l’État du Québec est constitutionnellement valide, y compris l’article qui prévoit que l’option gagnante à un référendum est celle qui obtient la majorité des votes déclarés valides, soit 50 % des votes . . . [more]

I was invited recently to take on the role of editor of the journal, Modern Legal Practice, which is published by Globe Law and Business. I was honoured to be asked and quick to accept, even though my role as an associate editor on the Italian Law Journal and Slaw columns give me less time for other pro-bono and non-law focused activities.

Modern Legal Practice is a relatively new and growing journal which deals with a broad range of topics to do with the practice of law, embracing business and the development of it, strategy, leadership, governance, risk . . . [more]

The federal Standing Committee on Health is recommending a single-payer, universal prescription drug plan for Canada. The recommendation came in its report Pharmacare Now: Prescription Medicine Coverage for all Canadians (in PDF), tabled in the House of Commons on April 18, 2018. . . . [more]

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.

THE ESSENTIAL ASSOCIATE: STEP UP, STAND OUT, AND RISE TO THE TOP AS A YOUNG LAWYER

Author: Jay Harrington

ISBN: 978-0999554524
Page Count: 244
Publication Date: March 22, 2018

Price: $23.99 (USD)

Also available via Amazon and Kindle.

© 2018 by Jay Harrington / Harrington Communications LLC. All rights reserved.

Excerpt: . . . [more]

Left-leaning social justice warriors have captured Canadian law schools. So goes recent commentary in the National Post (see, e.g. recent columns by Barbara Kay, Bruce Pardy and Christie Blatchford). Law profs “espouse and impose a particular set of values or opinions and a way of thinking” (Blatchford, emphasis added).

I am not persuaded. As explained below, this commentary is unsupported by relevant evidence and inconsistent with core features of Canadian legal education. I do, however, accept one of its basic premises: law schools have a public interest mandate. They have duties to their students, to the system of . . . [more]

Over the years I have been asked many times, by lawyers, law students and others, whether they should take mediation training. Most were interested in mediation, many participated as counsel at mediation but few planned to be full-time mediators. My standard answer has been that mediation training was valuable to everyone as it provides key life skills that are useful in all parts of our lives, not just in our legal career. Mediation training teaches us about the dynamics of human behaviour and provides a fundamental suite of skills for dealing with inevitable conflict in healthy ways that prevent conflict . . . [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. R. v. Comeau, 2018 SCC 15

[2] The respondent, Mr. Gerard Comeau, contends that s. 121 is essentially a free trade provision — in his view, no barriers can be erected to impede the passage of goods across provincial boundaries. On the other side of the debate, the appellant, Her Majesty the Queen in Right of New Brunswick (“the Crown”), argues . . . [more]

When I hear “I have good news and bad news, which do you want to hear first?” I always want to hear the bad news so I can end with the good news. For Canadian clinical legal education, here is the bad news.

Bill C-75 – Unintended Consequences?

The federal government introduced Bill C-75 for first reading in the House of Commons on March 29. This bill includes many significant and progressive reforms to the Criminal Code.

The bad news in the bill is s. 319, which amends s. 387 of the current Code:

319 Section 787 of the Act

A renewed scrutiny of corporate governance was inevitable in light of the current political climate and the backdrop of the recent recession and notable market failures.

This revisionist approach towards competition law expands the scrutiny beyond notions of consumer welfare standards into non-traditional economic considerations like fairness, underemployment, income inequality, wealth concentration and broader social contexts. Derisively referred to as “Hipster Antitrust,” it finds its modern roots in America in the 1978 text The Antitrust Paradox by Robert Bork, which has already influenced American competition law. Hipster Axntitrust would go further and reconsider historical assumptions in a new information economy . . . [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.

PÉNAL (DROIT) : L’ordonnance d’un nouveau procès rendue par la Cour supérieure est confirmée puisque l’appelant, qui a été acquitté par la Cour du Québec sous l’accusation d’avoir conduit son véhicule avec une alcoolémie supérieure à la limite permise, aurait dû présenter une preuve d’expert afin de repousser la présomption . . . [more]