Canada’s online legal magazine.

What Does It Really Mean to “Free the Law”? Part 2

“It always seems impossible until it’s done.”

 

Attributed to Nelson Mandela, that quote fits the experience of groups around the world that sought over much of the past 20 years to make the law freely accessible on the internet. Beginning today (November 9th), dozens of members of the Free Access to Law Movement (FALM), along with other supporters, are meeting in Sydney, Australia where AustLII is hosting the 2015 Law via the Internet conference. Some countries attending are currently at the “impossible” stage and look to achievements in Canada and elsewhere for inspiration of what is possible. . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Practice of Law, Practice of Law: Future of Practice, Technology

Smart Lawyers Who Feel They Know Less

What is a good lawyer? What is a smarter lawyer, for that matter?

How we evaluate ourselves, and our colleagues, may have historically been based on outdated notions of an encyclopedic knowledge of the law. But in the era of search engines and legal databases, the utility of such skill sets are not nearly as useful as in the past.

Harvey Schachter of The Globe interviewed Edward Hess on how workers can improve in an era balancing on the precipice of machine learning:

…start to change your mental model of what “smart” looks like. We have been trained to believe

. . . [more]
Posted in: Practice of Law: Future of Practice

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 fouille de la valise du requérant avant qu’il ne passe les arches de sécurité du palais de justice était conforme à l’article 282.0.6 de la Loi sur les tribunaux judiciaires; par conséquent, la découverte dans sa poche d’un comprimé de méthamphétamine est recevable en preuve.

Intitulé . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Maritime Law Book

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: Criminal Law – Aliens – Civil Rights – Habeas Corpus – Statutes – Insurance

R. v. Canto (N.) 2015 ABCA 306
Criminal Law
Summary: In 2009, s. 719(3) of the Criminal Code was amended to cap pretrial credit at a presumptive maximum of 1 day for each day in pretrial custody. However, under s. . . . [more]

Posted in: Summaries Sunday

The Friday Fillip: This Is Your Captain Speaking

I’m lucky enough to have experienced what might have been the sweet spot of airline travel. I started flying — well, being flown — back when DC-3s were semi-pressurized and loud as all hell, and though I was young enough to be captured by the excitement of it all, I wouldn’t have hung in there if things hadn’t improved. And boy did they improve: Good cabin pressure, longer hauls, lots of attentive service, and casual trips up to the flight deck for a chat with the crew. The thrill was still there and to it was added the luxury of . . . [more]

Posted in: The Friday Fillip

We Learn More From Our Failures

Do you celebrate your successes? (Or are you too busy?)

Celebrating success – and doing simple things such as saying “thank you” to the team – is one of the best ways to strengthen teamwork, and to build your reputation as someone good to work with.

Okay. What about failures? Do you celebrate them as well?

You should – albeit not in quite the same way.

The thank-you/end-of-project party remains worthwhile, maybe even more important than after a successful project. The people on a project with a less-than-desirable outcome – e.g., a lost case, or a judgment against your client . . . [more]

Posted in: Practice of Law

National Centre for Truth and Reconciliation Opens at University of Manitoba

Earlier this year, the Truth and Reconciliation Commission (TRC) released its findings after its years-long investigation into the many abuses against Aboriginal children at Church-run Indian Residential Schools in the 19th and 20th centuries.

This week, a grand opening was held for the new National Centre for Truth and Reconciliation located on the grounds of the University of Manitoba in Winnipeg. The Centre is the permanent home for all statements, documents, and other materials gathered by the TRC.

As the Centre’s director Ry Moran explains:

On this site and at our centre, you will find a vast collection of documents,

. . . [more]
Posted in: Justice Issues, Legal Information: Libraries & Research

Thursday Thinkpiece: Kerr on the Chronic Failure to Control Prisoner Isolation

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 Chronic Failure to Control Prisoner Isolation in US and Canadian Law

Lisa Kerr, Assistant Professor, Queen’s University Faculty of Law
(2015) Queen’s Law Journal, Vol. 40, No. 2, 482-530

Excerpt: Introduction, Sections II & V
[Footnotes omitted. They can be found in the original via the link above]

Introduction

There are . . . [more]

Posted in: Thursday Thinkpiece

Avoid a Toxic Workplace Environment: New Developments on Sexual Harassment

This article is by Cristina Lavecchia, Editor, HRinfodesk, published by First Reference Inc.

Sexual harassment in the workplace can be toxic, and it is an issue that can have a profound effect on both an employer and their employees.

In response to this issue, on October 27, 2015, the Ontario government introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 (“Bill 132”).

If Bill 132 is passed, it would amend various statutes with respect to sexual violence, sexual harassment, domestic violence and other forms of abuse. . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Publish and (Perhaps) Be Famed

Recently I was invited to make a written contribution to mark the 100th anniversary, in 2016, of the establishment of Tolley, now part of Lexis Nexis, where I was divisional chief executive until shortly after its acquisition in 1996. I was honoured to be approached and it set me searching through various documents and previously written materials from the seven-year period that I spent with the business. One such item was an article entitled Publish and be Famed (Gazette 93/24, 26 June 1996, p.20) that I wrote for The Gazette, the magazine of the Law Society of England and . . . [more]

Posted in: Legal Publishing

What Does It Really Mean to “Free the Law”? Part 1

A fantastic development out of the United States last week – Harvard Law School and Ravel Law plan to make access to the school’s entire library of reported U.S. case law available for free on Ravel’s website. In a multi-year effort and at a cost said to be in the millions (exact details not known), some “40,000 books containing approximately forty million pages of court decisions” are being digitized and uploaded to Ravel’s platform, where anybody will be able to search, read and use the material at no cost. This is an incredible advance in open access to law and . . . [more]

Posted in: Legal Information, Legal Information: Libraries & Research, Legal Information: Publishing, Practice of Law, Practice of Law: Future of Practice, Technology

Cutting Edge Is Great – but Sometimes Not Easy

I got a Microsoft Surface Pro 4 last week – the plan being to replace my main computer and my tablet. It’s a great machine – essentially a tablet that works like a laptop. Its noticeably faster than the desktop it replaces. Using it as a tablet takes some getting used to – because it seems weird to have a tablet that is a full featured computer. For example, I have apps on my Android tablet that my first inclination is to get for the Surface – but then I realize that the app isn’t needed when you are using . . . [more]

Posted in: Technology: Office Technology

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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