Canada’s online legal magazine.

The Canadian Open Access Publishing Cooperative Revisited

Since joining this “Canadian cooperative weblog,” as Simon Fodden identified SLAW some years ago, in 2008, I have returned to this theme of cooperation in scholarly publishing a number of times (I discovered doing a search of this well-indexed site).

In 2010, for example, I wrote about an idea that Rowly Lorimer, then director of the Canadian Centre for Studies in Publishing, had for a Canadian scholarly publishing cooperative. This country’s academic journals would be supported by the libraries and funding councils enabling them to share their content openly and freely, without having to restrict access to subscribers. I . . . [more]

Posted in: Legal Publishing

Typography and Legal Information

You may have noticed that, as of January 2016, the online federal statutes look quite different. According to the announcement, these changes were made to improve the readability of the legislation:

Different styles and sizes of fonts are used to give greater prominence to certain elements and to help direct readers’ eyes more easily through the text. The structure of the legislative text (headings, sections, subsections, paragraphs, etc.) has been made more evident in order to improve readability.

Because headings and sub-headings are larger, they are more noticeable, helping readers to find the information they are looking for, and

. . . [more]
Posted in: Legal Information

Going Back to the Future


It’s orientation week on university campuses across the country. This September marks my first back-to-school since 1991 (yikes!), although this time as a sessional instructor instead of a student. While much has changed in the past twenty-five years, I’m more than a little curious to see what has not.

When I started out as a 1L student at Robson Hall in 1989, my school supplies included a couple of 500-sheet packs of looseleaf, several binders, a clipboard for daily notetaking use and of course, dozens of pens and highlighters in all colours. I loaded it all up in a canvas . . . [more]

Posted in: Education & Training: Law Schools

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. Valard Construction Ltd v Bird Construction Company, 2016 ABCA 249

[26] The appellant does not dispute the fact that it had the means to legally compel the respondent to provide information about a bond under s 33 of Alberta’s Builders’ Lien Act. Nor does it suggest ignorance of its general rights under a labour and material payment bond, or the need for . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Tribunals Consulting With Stakeholders: The Rewards and Risks

Over the summer news broke about a meeting of National Energy Board (NEB) members and stakeholders in 2015, where the Energy East pipeline was discussed. Initially, the NEB stated that they had met with former Quebec premier, Jean Charest, to seek his political advice. Mr. Charest was a consultant to TransCanada (the pipeline company). An access to information request revealed that the pipeline proposal was included in the discussion and the NEB changed its story, blaming a memory lapse.

A Montreal Gazette editorial had strong words for the NEB: “this oversight will only stoke the suspicion of skeptics who fear . . . [more]

Posted in: Dispute Resolution

What Does Your Car Know About You?

Our cell phones know everything about us. Who we talk to. Who we Google. Who we email. Who we date. Who we text. When we wake up. Where we go. When we go online. What photos we take. And so on.

Now your rental car may know it too. It is a researcher’s/ businessperson’s/ marketer’s best dream. And there is really nothing stopping it. In an episode of the Exchange, Dr. Ann Cavoukian (Executive Director of the Privacy and Big Data Institute at Ryerson University) speaks out about this latest danger of rental cars stealing personal data when drivers link . . . [more]

Posted in: Technology

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 and writing, practice, and technology.

Research & Writing

Your queries answered
Neil Guthrie

Baffled on Bay Street wonders: What’s with ‘Esquire’? Does it have some special meaning in law? In mediaeval England, an esquire was one rank above a gentleman and one below a knight; hence the variant ‘squire’ for a trainee knight. … . . . [more]

Posted in: Tips Tuesday

Legal Business Development: Are You “Networking”… or Building Relationships?

Networking… I hate that term. It conjures up images of “working a room”… smiling, shaking hands and collecting business cards. Business cards that end up on your desk under a pile of papers or left in your suit pocket only to be found the next time you wear that jacket. Sound familiar? What a waste of time and energy, don’t you agree? I think we need to redefine what needs to be done. To build a solid book of business requires strong relationships and that doesn’t happen with the typical networking methodology.

Building relationships: First you have to listen. Then . . . [more]

Posted in: Legal Marketing

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 seventy 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. McElroy Law Blog  2. Alcohol & Advocacy 3.
AvoidaClaim
 4. Canadian Class Actions Monitor  5. Canadian Legal History Blog

McElroy Law Blog
August Criminal Law Round-up

While the courts are typically quieter during the summer months, there was no shortage of interesting criminal law news in the month of . . . [more]

Posted in: Monday’s Mix

Non-Expert Redesign of Justice

We often assume that reforms to the legal system should come from lawyers. After all, who knows and understands the system better than those who have studied and worked within it.

This past week I observed a process which fundamentally challenged that narrative. I served as a “Design Team Mentor” to the Winkler Institute’s Annual Justice Design Project. The program brought together a multidisciplinary team of undergraduate students who received a short primer on problems in the justice system.

The first day they heard about access to justice issues and how design thinking can be used to support . . . [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.

PÉNAL (DROIT) : Afin de déterminer s’il s’agit d’un «parc public» tel qu’il est prévu à l’article 161 C.Cr., relatif aux ordonnances d’interdiction rendues à l’encontre de délinquants en matière sexuelle, il faut tenir compte de l’environnement où seraient survenus les prétendus délits et considérer la nature des activités qui . . . [more]

Posted in: Summaries Sunday

The Rise of the Polyamorous Family: New Research Has Implications for Family Law in Canada

On 20 June 2016, the Canadian Research Institute for Law and the Family began a study on Canadian perceptions of polyamory, advertised with the assistance of the Canadian Polyamory Advocacy Association, gathering preliminary data with a public survey. The information gathered thus far, from the 547 people who answered our survey, paints a fascinating picture of polyamorous individuals and their family arrangements, and has important implications for the future of family law in Canada.

The polyamorous families we are looking at are those created by three or more freely consenting adults, in distinction to faith-based, and usually patriarchal, forms . . . [more]

Posted in: Justice Issues, Practice of Law: Future of Practice

3li_EnFr_Wordmark_W

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