Canada’s online legal magazine.

Thursday Thinkpiece: Anderson on Wrongful Convictions and Avenues of Redress

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.

Wrongful Convictions and the Avenues of Redress: The Post-Conviction Review Process in Canada
(2015) 20 Appeal 5

Andrea S. Anderson, PhD Candidate, Osgoode Hall Law School, York University, @asandrson

Excerpt: Introduction & Part III
[Footnotes omitted. They can be found in the original via the link above]

INTRODUCTION

In an ideal criminal justice . . . [more]

Posted in: Thursday Thinkpiece

Innovating Regulation on the Prairies

Several years ago on this site, Mitch Kowalski posed a question that merits another look. In his post “What if the western provinces saved the profession?”, Mitch asked:

What would happen if a group of western provinces (Alberta, Saskatchewan and Manitoba for example) decided to strike out on their own and allow ABS-type structures in their jurisdictions?

His conclusion was that “…once the snowball starts rolling in any province it will be unstoppable.”

Well, it’s winter on the prairies and guess what? It’s snowing.

The law societies in Manitoba, Saskatchewan and Alberta have recently released a discussion paper on . . . [more]

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

Court Funding: Do You Know the Numbers?

“[T]he Courts Administration budget represents a mere 0.54% of the total Ontario Government budget for the year, a percentage which has remained relatively constant for the past number of years.” – Ontario Civil Justice Review, 1996

Do you know how much the Ontario government spends on the justice system a year? Do you know precisely how it is allocated? Could you state with confidence how much of it goes to: judges’ salaries, office space, assistants, maintaining courthouses, registrars, court reporters, clerks, librarians, legal counsel, and so on? Could you state with confidence how much is budgeted for the different . . . [more]

Posted in: Justice Issues

Legal Marketing Trends for 2016: Chambers, Lexology, ContactEase & in-House Experts Share Their Insights

Once again, our team at fSquared Marketing are thrilled to present a group of wonderful legal marketing experts who are willing to share their wisdom related to the trends they foresee for the coming year.

Their predictions this year include mobilization of content, utilizing existing CRM systems to leverage and grow relationships, the evolution of client service delivery, storytelling as the PR tool of the moment, digital marketing (websites & social media) opening opportunities for legal directory exposure for smaller firms, and firms building marketing teams of the future.

A short excerpt from each contributor can be found below. To . . . [more]

Posted in: Legal Marketing

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. Bradshaw, 2015 BCCA 195

[3] The murders took place five days apart in March 2009. Roy Thielen quickly emerged as a suspect and became the target of a “Mr. Big” investigation. Over the course of that investigation, Mr. Thielen made a range of statements to undercover officers. In May 2010, during a road trip between Edmonton and Calgary, Mr. . . . [more]

Posted in: Wednesday: What's Hot on CanLII

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

Make a Prospective Consolidation
Bronwyn Guiton

When we’re working with an Act that has had significant amendments passed, but not yet brought into force, I’ll often make a prospective consolidation to help our lawyers advise their clients on forward-looking strategies. Having a prospective consolidation on hand makes work more efficient and it can also reveal new implications for the amendments. I’m going to walk you . . . [more]

Posted in: Tips Tuesday

Using Hypothes.is With Legislation

At the same time as Simon Fodden was publishing Hypothes.is and Annotation, a group of colleagues and I were in the middle of a series of invited comments to U.S. Federal Communications Commission, about their rulemaking for home Wi-Fi routers. We were using Google docs for mutual editing already, so Hypothes.is looked like something worth trying for mutual markup.

To make a long story short, it was excellent. I’m now running permanently with a “Launch Hypothesis” button in my bookmarks bar.

Over and above Simon’s description, the things that stood out for me were:

  • Links to particular annotations as
. . . [more]
Posted in: Technology: Internet

The Lord Chief Justice’s Report 2015

Last week the UK’s most senior judge delivered his annual report to Parliament. It echoes many of the concerns being discussed in Ontario.

The report describes the UK judicial system as now “unaffordable to most”, and the current court system as “not really designed” for the increased number of self represented litigants.

Two areas where the judiciary has pressed its views concerning civil justice are: the need for proportionality between the costs of a case in relation to the value of the claim; and the succession of significant court fee increases.

To address the costs proportionality issue, the judiciary is . . . [more]

Posted in: Practice of Law: Future of Practice

The Family Law Malpractice Claims Fact Sheet

With such a large amount of claims prevention information available in LAWPRO Magazine articles and practicePRO resources, we had the idea to create simple fact sheets that CPD providers and others could use in developing their program material for specific areas of law. The latest in our series of “malpractice claims fact sheets” covers family law. . . . [more]

Posted in: Practice of Law: Practice Management

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. Canadian Securities Law  2. Law of Work 3. BC Injury Law and ICBC Claims Blog  4. Canadian Legal History Blog  5. Barry Sookman

Canadian Securities Law
New offering memorandum exemption increases access to capital markets in Ontario

Effective January 13, 2016, issuers in Ontario will be able to take . . . [more]

Posted in: Monday’s Mix

2015 Roundup

The daily Pinhawk newsletter is one of the best ways to keep up with the torrent of information about legal information, tech, and publishing. Every day an email appears including links and highlights of the latest news from the blogosphere. (Slaw columns often get a mention.) In the spirit of Pinhawk, this column is a roundup of some of the more interesting recent developments in our world of legal information:

  • Fellow Slaw columnist Sarah Glassmeyer is spending a year at the Harvard Law Library Innovation Lab as a Research Fellow. Her latest column was a masterful discussion of the state
. . . [more]
Posted in: Legal Publishing

Exemptions to Suspensions of End of Life Provisions

As expected, the Supreme Court of Canada granted an extension this week on the assisted dying legislation stemming from the Carter decision. The Court did not grant the 6 month extension sought by the government, but instead extended it by 4 months to match the delay stemming from the election.

The interesting twist here was the legislation in Quebec around end of life care, coming into force on December 10, 2015. The Court provided an exemption to the province, without weighing in on the merits of the Act itself.

The Court also considered the state of individuals who were . . . [more]

Posted in: Substantive Law: Judicial Decisions

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