Canada’s online legal magazine.

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.

INTERNATIONAL (DROIT) : L’article 15 de la Loi sur l’entraide juridique en matière criminelle confère au tribunal le pouvoir discrétionnaire de rendre une ordonnance de transmission des renseignements et documents saisis si le mandat de perquisition a été exécuté en conformité pour l’essentiel, et non de façon stricte, avec les . . . [more]

Posted in: Summaries Sunday

The Erasure of Rights of Afghanistan’s Women and Girls: Taking the Taliban to Court

The Taliban’s unlawful takeover of Afghanistan in August 2021 has become a “human rights catastrophe.” Afghan women and girls are being erased from public life as their rights are systematically annihilated.

On 26 September 2024, Canada announced a plan to take the Taliban to the International Court of Justice (ICJ) over their violations of Afghanistan’s obligations under the Convention on Elimination of All Forms of Discrimination against Women (CEDAW). The joint plan has been launched by Australia, Canada, Germany, and the Netherlands, with support from 22 other countries.

UN experts and human rights organizations are applauding . . . [more]

Posted in: Justice Issues

Fall US Legal Research Update

I am still recovering from our U.S. election which seemed to last forever and is not completely finished yet. As a retired federal employee, I worry about the safety and security of my colleagues back in DC. We were required to be nonpartisan and were unable to contribute to candidates or do any electioneering. The incoming administration seems to be ready to target and fire federal employees.

The law librarians at the Law Library of Congress continue to issue reports including this new report on legislation regarding climate change and the preservation of historic and cultural heritage in Brazil,  . . . [more]

Posted in: Legal Information

CJC AI Guidelines for Canadian Courts Leave Room for Improvement

The Canadian Judicial Council (CJC) has released its “Guidelines for the Use of Artificial Intelligence in Canadian Courts” (CJC Guidelines), which represent a significant step towards integrating artificial intelligence (AI) into the Canadian justice system. This article evaluates the CJC Guidelines, analyzing their strengths, weaknesses, and potential implications. Given my experience drafting similar guidelines, I offer constructive recommendations for improvement, focusing on practicality, comprehensiveness, and responsiveness to the unique challenges of AI adoption in Canadian courts.

Practicality and Usefulness of the CJC Guidelines

The CJC Guidelines are undoubtedly useful in laying a conceptual groundwork for AI adoption in . . . [more]

Posted in: Legal Technology, Practice of Law

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) : La règle de droit autorisant les interceptions routières sans motif requis en dehors de tout programme structuré, édictée à l’article 636 du Code de la sécurité routière, entraîne le profilage racial; cette règle de droit viole les articles 9 et 15 de la Charte canadienne des . . . [more]

Posted in: Summaries Sunday

Book Review: Indigenous Justice: True Cases by Judges, Lawyers, and Law Enforcement Professionals

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.

Indigenous Justice: True Cases by Judges, Lawyers, and Law Enforcement Professionals. Edited by Lorene Shyba & Raymond Yakeleya. Calgary: Durvile & UpRoute Books, 2023. xi, 275 p. Includes index. ISBN 9781990735264 (softcover) $35.00.

Reviewed by Leslie Taylor
Research & Instruction Librarian
Lederman Law Library
Queen’s University

Indigenous Justice is a . . . [more]

Posted in: Book Review, Thursday Thinkpiece

The Human Rights Tribunal of Ontario: Access to Justice Denied

November 12, 2024
The Human Rights Tribunal of Ontario: Access to Justice Denied

Reposted with permission.
Original Post:
Kathy Laird and Lorne Slotnick, “The Human Rights Tribunal of Ontario: Access to Justice Denied” (Tribunal Watch Ontario, November 12, 2024), online: https://tribunalwatch.ca/2024/the-human-rights-tribunal-of-ontario-access-to-justice-denied/

Quick Summary

Ontario’s human rights system has become a nightmare for people who seek redress for alleged discrimination, a new analysis by the independent group Tribunal Watch Ontario shows.

The latest statistics from the Human Rights Tribunal of Ontario (HRTO) show that the tribunal has become the place where human rights claims go to die. Tribunal Watch’s analysis, largely . . . [more]

Posted in: Justice Issues

Wednesday: What’s Hot on CanLII? – October 2024

Each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

  1. Subar v. Canada (Citizenship and Immigration), 2022 FC 340 (également disponible en français ici)

[1] The Applicant is a 68-year old citizen of Israel, who first visited Canada in 1989. He has worked as a cantor (leading liturgy and prayer) within Ottawa’s Jewish community at various points since 2003, and continuously in . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Regulation on the Rocks: Why Canada’s First AI Law Looks Likely to Fail

Introduction

In June of 2022, the Government of Canada tabled Bill C-27, the Digital Charter Implementation Act,[1] making it one of the earlier countries in the world to commence work on a national level Artificial Intelligence (AI) regulatory framework. Unfortunately, due to a complex array of factors—including criticisms of its scope, legislative delays and political instability—the bill now faces a significant risk of failure.

Bill C-27 is an omnibus bill that contains three pieces of legislation including the Consumer Privacy Protection Act (CPPA), the Personal Information and Data Protection Tribunal Act (PIDPA) and the Artificial Intelligence Data Act . . . [more]

Posted in: Legal Technology

Good Communications: Don’t Forget Generational Considerations

In November, I’m presenting to law students about plain language and the importance of good communication. As always when preparing for a presentation, my first consideration is ‘who is my audience’ and ‘how best can I deliver my message to this audience’. In this circumstance, who my audience is and the impact on their communications has become the message.

The majority of these students will be in their mid to late 20s: Millennials on the upper end and Generation Z on the lower end. In the 20 years since I graduated with my fellow Gen Xers, communication channels, styles, preferences . . . [more]

Posted in: Legal Information, Legal Marketing, Practice of Law

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. Hull & Hull Blog 2. SOQUIJ | Le Blogue 3. Administrative Law Matters 4. Canadian Securities Law 5. Employment & Human Rights Law in Canada

Hull & Hull Blog
Avoiding Will Disputes: How Drafting Lawyers Protect Your Intentions

In recent posts, I’ve emphasized the importance of working

. . . [more]
Posted in: Monday’s Mix

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) : Le juge de première instance, qui a imposé une peine de 8 mois d’emprisonnement à l’accusé, dont la conduite dangereuse avait causé la mort d’un motocycliste, a erré en orientant sa décision uniquement en fonction de la conséquence tragique du délit et en évacuant les principes de . . . [more]

Posted in: Summaries Sunday

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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