The true test of a society is how we treat the most vulnerable, despicable, and heinous members of our society. The ability of the legal system to temper passions, quell inflammatory biases, and dispense justice to all individuals is the reason why the justice system is valued and respected by society at large.

R. v. Williamson, an interesting case awaiting a hearing before the Supreme Court, helps illustrate these tensions. The case was debated this year at the 2015 Paralegal Cup.

Kenneth Williamson was accused of multiple charges of sexual assault of a minor between 1979-1980. These allegations . . . [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.

COMPAGNIES: Le respect par Air Canada des dispositions que la Loi sur la participation publique au capital d’Air Canada lui impose d’intégrer à ses statuts n’a pas à être déterminé en fonction des normes reconnues sous le régime de la Loi canadienne sur les sociétés par actions, dont la . . . [more]

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern: Administrative Law – Labour Law – Unemployment Insurance

Winnipeg Airports Authority Inc. v. Public Service Alliance of Canada et al. 2015 MBCA 94
Administrative Law – Labour Law
Summary: An arbitrator was appointed to determine 65 grievances. At issue was whether employees could receive two premiums for the same hours worked: the shift premium, . . . [more]

I once threw a book across the room in annoyance and disgust. I might have done it more often, I suppose, were it not for my dubious but stubborn position that meaning can be had from almost all prose. But at that moment Derrida defeated me, I recall. It’s no secret, and presumably no shame, that I prefer the analytical school to the post structuralists, when it comes to philosophers. Clear writing seems … better writing.

(I pass over the argument that it’s hard — perhaps impossible — to tell us something new in “clear writing.” That “clarity” is bred . . . [more]

The issue of lawyer independence has been a hot topic over the last year. It’s been frequently mentioned in the debate about whether to introduce alternative business structures in Ontario. Additionally, the Supreme Court of Canada declined to find that the independence of the bar, broadly defined, was a principle of fundamental justice in a decision earlier this year. These two high profile examples reflect the clear continuing relevance of lawyer independence when new regulatory reforms are proposed or instituted.

What are not always so apparent, however, are challenges to lawyer independence that emerge in the absence of any regulatory . . . [more]

You may have noticed that there have been a few new faces (well, names, really) over on our companion site, Slaw Tips. For the unfamiliar, Slaw Tips is where a few select members of our contributor team share short and to-the-point weekly tips directed toward practicing lawyers and those working within the legal field.

We’ve been very lucky, by the way, that our three founding Editors — Dave Bilinsky, Dan Pinnington and Shaunna Mireau, are all still contributing to the site. Not to mention Dave B.’s partner in law practice musings, Garry Wise.

It was actually Dave and Garry’s . . . [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.

Using Principles from Cognitive Behavioral Therapy to Reduce Nervousness in Oral Argument or Moot Court

Larry Cunningham, Associate Academic Dean and Professor of Legal Writing, St. John’s University School of Law
Nevada Law Journal, Vol. 15, No. 586, 2015

Excerpt: Opening anecdote, Introduction, and Section IV
[Footnotes omitted. They can be . . . [more]

The Ministry of Economic Development, Employment and Infrastructure has proposed changes to the Customer Service Standard and Integrated Accessibility Standards regulations under the Accessibility for Ontarians with Disabilities Act (AODA). If approved, the changes will be enacted on July 1, 2016, and take immediate effect.

This proposal includes incorporating the Customer Service Standard into the Integrated Accessibility Standards Regulation and making changes to requirements of the Customer Service Standard (see details below). . . . [more]

In case you hadn’t heard, Donald J. Trump wants to make America great again. How? Well, according the man himself, by doing smart things, having a great plan and getting the best and most capable people to do smart things, all while working with, around or straight through those who would stand in the way. It will be fantastic. It will be amazing. Very classy and really, really great.

I’m going to offer some thoughts on legal careers. Taking a page from Trump’s playbook, what I won’t offer are links, references or any verifiable support or justification for what I . . . [more]

The preamble to Manitoba’s new Restorative Justice Act sets the foundation for the provisions of the Act, in force today:

…WHEREAS there are circumstances when the interests of justice are served by having an offender and the victim of the unlawful conduct or other community representatives find a resolution that promotes public safety by providing healing, reparation and re-integration into the community outside the traditional criminal prosecution process;

AND WHEREAS unlawful conduct by some offenders arises out of mental health conditions, addictions or other behavioural issues and there are instances when it is more appropriate to address these issues rather

The Rules of Professional Conduct of the Law Society of Upper Canada state that: “The lawyer must not …knowingly attempt to deceive a tribunal or influence the course of justice by offering false evidence…suppressing what ought to be disclosed…”

Lawyers may be offering false evidence without even knowing it. Lawyers frequently refresh witnesses’ memories in preparation for discovery or trial. However, refreshing a witness’s memory is not a neutral activity. In Witness Preparation: A Practical Guide, Bryan Finlay et al state that “the process of memory is not a simple matter of resurrecting fixed traces, but instead a process . . . [more]

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. Servus Credit Union Ltd v Parlee, 2015 ABQB 700

[12] Mr. Parlee said he has “100% legal title to the estate”, and relied on documents in an Affidavit he had filed on July 20, 2015. He claimed his signature “… creates the currency.” His authority to sign comes from his certificate of live birth. His documents were no different from others . . . [more]