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): Les dispositions invalides du Code criminel qui prohibent l’aide médicale à mourir ne peuvent empêcher l’entrée en vigueur et l’application de la Loi concernant les soins de fin de vie.

Intitulé : Québec (Procureure générale) c. D’Amico, 2015 QCCA 2138
Juridiction : Cour d’appel (C.A.), Montréal, 500-09-025747-155 . . . [more]

When we leave law school to become articling students and then junior associates, we will likely spend the majority of our time researching and writing memos. Knowing this, how is it possible that law students can leave school without a strong foundation in these skills?

All law students at UVic have at least some exposure to legal research and writing through taking Legal Research and Writing (LRW) in first year. However, this is our first introduction into legal research and writing. At this early stage in our education, it is difficult to fully appreciate and absorb all the material covered . . . [more]

Information about the law and dispute resolution processes has been identified as a key barrier to justice in most of the major reports, although in two contradictory senses: a lack of information and a confusing surplus of information. The report of the the Family Justice Working Group (PDF) to the Action Committee on Access to Justice in Civil and Family Matters phrased the problem nicely:

There is a broad consensus in the literature that early information is enormously helpful to separating families, especially — but not only — where spouses are unrepresented. …

Considerable family law information is now available

Large and small organizations in the private and non-profit sectors have a new Accessibility for Ontarians with Disabilities Act (AODA) compliance deadline coming up on January 1, 2017.

1) Large organizations (50+ employees)

Starting January 1, 2016, provincially regulated organizations with 50 or more employees in Ontario must work to comply with the design for public spaces standards under the built-environment to address barriers impeding access to outdoor public spaces by persons with disabilities, but not those barriers inside buildings. This task must be completed by January 1, 2017.

This standard covers a variety of public spaces such as exterior . . . [more]

I have now taken the better part of two legal research and writing courses (though the term paper still looms) and on the whole I have found them to be a beneficial to my legal research both in other classes and in the workplace. However, if there is one thing that I find these courses a bit short on, it is direct feedback and a corresponding opportunity to put this feedback into practice, and observe and evaluate the end results.

While I was an undergraduate I had the opportunity to participate in a writing intensive class as both a student . . . [more]

The Ontario Court of Justice recently had the occasion to consider the admissibility of evidence taken from smartphones in a drug smuggling case. Admission of the evidence was challenged on a number of grounds, mainly involving the application of sections 31.1 through 31.8 of the Canada Evidence Act (CEA) on evidence from computers. The Court held that the evidence was admissible. In my view, the Court got it right.

The three accused men in R. v. Avanes et al., 2015 ONCJ 606 (CanLII), had communicated with each other by Blackberry. The evidence sought to be admitted included (para 8) . . . [more]

Household pets are a cherished part of many families. Yet, in the words of Auxier J. in Pezzente v. McClain, 2005 BCPC 352 (CanLII), the law remains “coldly unemotional” towards companion animals, which continue to be considered “just another consumer product.” Nonetheless, there is good reason for continuing to restrict the compensation available in pet death or injury cases. A line of cases out of Ontario has begun to award more than just replacement value and incurred costs to owners of wrongfully injured or killed pets – and it may be setting a precarious precedent.

In Ferguson v. . . . [more]

The Importance of Keeping a Record

When I registered for ALRW I thought the most important improvement in my research skills would relate to finding and locating relevant legal materials. However, learning to keep a detailed record of my research has been the most valuable skill I’ve developed.

I kept a record in the past but I didn’t give too much importance to it and it tended to be recorded a bit haphazardly. I kept track of the relevant cases, statutes, and principles I came across but did not keep a detailed record of search terms I used or the . . . [more]

January – the traditional time for resolutions and resetting intentions. While we may fail to achieve them, we know the resolutions worth making – exercise more, eat better, spend less, be kinder: in some smaller or greater way, be a better person. What our resolutions are not is a commitment not to do something bad. We don’t say, “this year I’m not going to cheat on my spouse, or assault someone, or steal from my employer.” Our resolutions are positive and aspirational, not negative and constrained. So this is my January question: what would it look like to think about . . . [more]

Recent amendments to the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”) (http://canlii.ca/t/52dg2) will make ministerial relief illusory for some foreign nationals deemed inadmissible to Canada on security grounds. The government created this problem in its response to the Supreme Court of Canada’s (“SCC”) ruling in Agraira v Canada, 2013 SCC 36 (“Agraira”) (http://canlii.ca/t/fz8c4). Agraira challenged the application of IRPA s 34(2) (http://canlii.ca/t/521ff) under which an inadmissible foreign national could apply to the Minister of Public Safety for an exemption if they could prove their presence was not contrary to the “national . . . [more]

Microsoft has just ended support for Internet Explorer versions 10 and earlier. That means Microsoft will no longer provide security patches, which makes them risky to use from a security perspective.

Anyone still using those versions should update to IE 11 immediately. Those using Windows 10 can use the Edge browser instead. Edge works well, but unfortunately does not yet support add ons like password managers. Another option is of course to use Chrome.

If there is a need to use an earlier version of IE because of legacy internet applications that are not up to current standards, IE 11 . . . [more]

As I approach the last few weeks of my legal education I begin to ask myself: Am I ready? Am I a well-trained individual ready to take on any challenge thrown my way? Or at least a competent individual with the basic skills necessary to write my first “real” memo? I have spent the last seven years in university researching and writing multiple papers; is that enough?

Even in my third year I find myself turning to the student next to me, whispering, “Where would I find that?” or “How do I cite that?” As embarrassing as this is, I . . . [more]