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

Words That Don’t Mean What You Think They Do
Neil Guthrie

Word: A priori
What it doesn’t mean: In advance
What it does mean: Based on theory rather than experiment …

Practice

Sweep the Sheds
Michael McCubbin

I am adopting a very expansive view of “practice tips” this week given some things that have been on my mind as I recently took on two new . . . [more]

This is a brief outline of an article that I have posted on the SSRN, using the same title (pdf download). Mobile phone (cellphone) evidence will be among the most frequently used electronically-produced evidence of location. How does a defendant produce “evidence to the contrary” for purposes of challenging its reliability? Rare and very difficult it will be that one might get access to the complex electronic systems involved, to search for such suspected “evidence to the contrary.”

A mobile phone can be located at the time of a particular call by finding the mobile phone tower that directed . . . [more]

This article is by Ian Hu, claims prevention and practicePRO counsel at LAWPRO.

A self-represented family law litigant anxiously prepares for a hearing, which can resolve months, if not years, of anxiety, and determine the litigant’s financial and family affairs in the near future. Retaining a lawyer from cradle to grave is out of budget for this litigant. What to do? Relief is around the corner – a lawyer steps in to help solely with the hearing, the result is fair, and the cost is affordable.

Success stories like this are playing out across the profession. The unbundling of legal . . . [more]

“To be legally aware is to be empowered.”

Lloyd England teaches law at the Monash University Faculty of Law and he is offering a 4 week “accessible introduction to the common law system.” The course starts today so head over to the website and register if you’re interested.

In the introductory video England asks: “Can you think of an area of your life that isn’t governed by law? I don’t think there are many. In fact, I don’t think there are any.”

It promises to be a great resource drawing on the expertise of a group . . . [more]

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. Welcome to the Food Court  2. National Magazine Blog 3. First Reference Talks  4. Labour Pains  5. Legal Feeds

Welcome to the Food Court
S2E1: Debra Lawson on Food Recovery

Season Two of Welcome to the Food Court! For episode one, we’re talking Food Recovery. At its simplest, enabling . . . [more]

Some would say that in term of access to legal information, the labour sector has somehow been left behind. For sure, you can access labour codes and regulations on CanLII, as well as the latest judicial decisions addressing wrongful dismissal, but other sources are fundamental to the practice of labour lawyers. In a field where much depends on negotiation, collective bargaining agreements (CBAs) – contracts between unions and employers – are as important as any other document. Unfortunately this source of law is not as easy to locate and use online as one could hope.

Typically, the electronic version of . . . [more]

The Mohawk Council of Akwesasne has done something historic. They have created the first indigenous legal system in Canada outside of governmental control, since the subjugation of First Nations by the current government and its predecessors.

The system is comprised of justices and prosecutors who do not have to have law degrees. The prosecutors are required to have some advocacy experience, but the Akwesasne justices will only receive a 10-week training from a law firm once passing the good character and reputation requirements.

The Akwesasne legal system will enforce 32 civil laws, ranging from the regulation of tobacco, wildlife conservation, . . . [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’ex-maire Michael Applebaum échoue dans sa tentative d’obtenir un arrêt des procédures alors qu’il fait face à des accusations d’abus de confiance, de complot, de fraude envers le gouvernement et de corruption.

Intitulé : R. c. Applebaum, 2016 QCCQ 9202
Juridiction : Cour du Québec, Chambre criminelle . . . [more]

A private correspondent writes: “Have you ever heard of any cases on electronic chattel paper that is subsequently printed out (apparently called “papering out” in the biz) and the printed version being considered as an ‘original’?”

Views? What protections are there in law or in practice to avoid duplication of a record that should be unique, or at least have a single authoritative version?

On what basis is electronic chattel paper issued or used in Canada, if at all? UCC Article 9 makes special provision for it, and negotiable electronic records generally, but Canadian e-commerce law has not followed that, . . . [more]

What do you do? It is a seemingly easy question. It may be an invitation for small talk or formal proposal. But how do you respond? What things should you mention? How much should you say? It is an open-ended question that should be easy to answer and yet your response is dictated by where you are, who you are speaking to and what you have to offer them. Yikes!

The basic principle of a good response is to cover as much territory as you can in as small a space as possible. You do not know what will pique . . . [more]

Each Thursday 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 Right of Access to Justice Under the Rule of Law: Guaranteeing an Effective Remedy

Graham Sharp, 3^rd year student, University of Saskatchewan College of Law

Winner of the 2016 Christine Huglo Robertson Essay Prize. The Prize recognizes a paper that makes a significant contribution to scholarship concerning the administration . . . [more]

I recently attended an access to justice conference where the majority of speakers and attendees were white men. As a South Asian woman my presence felt conspicuous. This circumstance didn’t feel intentional or nefarious, it was clearly a matter of the organizers working within the default mode. The same default that is common not only in the legal world but also in other spheres such as academia and the technology sector.

This default is currently being pierced by humour and frank conversation. Recently, The Globe and Mail launched a new podcast called Colour Code that examines race in Canada. . . . [more]