Canada’s online legal magazine.

Asleep at the Wheel

In 1987, those roseate times before social media and Google searches, Dr. James Billington was appointed the United States’ Librarian of Congress. The appointment did not bode well. My voice was part of the outcry over the fact that at a crucial juncture for the role of libraries in the world, a person was taking the helm who was neither a librarian nor an information professional. The New York Times, which I had always viewed as the sage voice of national reason, opined that the job was too big for a librarian. It called for a scholar like Dr. Billington. . . . [more]

Posted in: Legal Information

Moral Outrage and Social Media: The Perfect Storm

Cecil the Lion has dominated world headlines since the announcement of his killing at the hands of American dentist Walter Palmer. Cecil’s death has brought the controversial practice of trophy hunting, the serious issue of poaching and the concerns of the animal conservation movement into the spotlight.

The outcry has been especially prevalent on social media, where news is amplified and extended at rapid pace. Lawyers representing clients accused of criminal, defamatory or regulatory transgressions are often wary of how online attention can remain focused on an issue long after traditional outlets have moved on.

When social norms and trust . . . [more]

Posted in: Practice of Law: Marketing

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 technology, research and practice.

Research

Deep Links to CanLII
Shaunna Mireau

To continue the theme from the last couple of weeks, Today’s Tip is about linking in to CanLII. The tips for WestlawNext Canada and LexisNexis Canada have been about linking to a specific source within the services and that makes sense for CanLII as well. Stable, predictable, readable URLs are one of the truly wonderful things about CanLII. …

Practice

Windows 10? Whatever… . . . [more]

Posted in: Tips Tuesday

The Law Schools and the Future of Indigenous Law in Canada

The recommendations of the Truth and Reconciliation Commission have presented Canadian society with a set of urgent ‘calls to action.’ Two in particular require a response from the law schools, Recommendations 27 and 28, quoted in full at the end of this blog post – although, as I argue below, our concern should extend between the particular terms of those recommendations.

Law schools are earnestly considering what they ought to do to respond to those calls. At least four schools (Lakehead, Thompson Rivers, Ottawa (Common Law) and my own, UVic) have posted preliminary responses on their websites. Individual scholars (such . . . [more]

Posted in: Legal Education

Ontario WSIB Takes to Social Media!

Ontario’s Workplace Safety and Insurance Board (WSIB) has taken to Twitter in an attempt to reach the province’s young workers. The Board has launched a Twitter contest challenging workers between the ages of 15 and 24 to tag a photo of themselves practicing safety on the job with the hashtag #practicesafework.

The timing of the contest is strategic. With many young workers seeking summer employment, the number of new workers is on the rise. Research conducted by the Institute for Work and Health indicates that rates of workplace injury are higher amongst both young workers, and workers on their . . . [more]

Posted in: Miscellaneous

Informed, Documented Plea Instructions Protect You From Claims

Though the rate of malpractice claims flowing from criminal cases is lower than in other areas of law, the number of claims in this area is on the rise of late, and for many of the same reasons we see in other areas. The most important cause? Issues with lawyer-client communication.

An area of particular vulnerability to error is the plea conversation. Consider the lawyer’s and the client’s different perspectives on the client’s account of the facts: . . . [more]

Posted in: Reading: Recommended

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 sixty 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. Environmental Law & Litigation  2. Clicklaw Blog 3. Slater Vecchio Connected  4. The Stream  5. Vincent Gautrais

Environmental Law & Litigation
Citizens have some success against quarry, but…

Citizens Against Melrose Quarry must feel a bit like Groundhog Day all over again. They won, sort of, but are now . . . [more]

Posted in: Monday’s Mix

When Bloggers Get Appointed to the Bench

In 2015, practitioners in all types of firms blog. It’s a necessity of modern practice these days, and most have come around to understanding the importance of some social media presence.

If you don’t create your online footprint, someone else will for you – usually a disgruntled client.

One of the prerequisites to being appointed to the bench though is that you have to be a lawyer, usually for a good number of years. Although we’ve seen blogging lawyers appointed to the bench in recent years, and Slaw is one of the few sites where we’ve had guest judge bloggers, . . . [more]

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

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:
Civil Rights – Criminal Law

R. v. Rodgerson (J.) 2015 SCC 38
Criminal Law
Summary: The accused was charged with first degree murder and convicted of the included offence of second degree murder. The trial judge imposed a sentence of life imprisonment without eligibility for parole for 14 years. The accused appealed his conviction . . . [more]

Posted in: Summaries Sunday

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): L’appelant a été déclaré coupable du meurtre au second degré de son frère et de tentatives de meurtre à l’endroit de ses parents; le juge ayant omis de présenter la défense d’automatisme avec troubles mentaux au jury, la tenue d’un nouveau procès est ordonnée.

Intitulé : Carrier c. . . . [more]

Posted in: Summaries Sunday

The Friday Fillip: Where Is Everybody?

For the next while the Friday Fillip will be a chapter in a serialized crime novel, usually followed by a reference you might like to pursue. Both this chapter of the book and the whole story up to this point can be had as PDF files. You may also subscribe to have chapters delivered to you by email.


 

MEASURING LIFE
 
Chapter 22
Where Is Everybody?

The sun would rise at one minute after seven on that October Saturday in Backton. But half an hour earlier, Rangel had an applewood fire going in the little fireplace and

. . . [more]
Posted in: The Friday Fillip

Self-Represented Litigants’ Tax Money Provides More Funding for Legal Aid Ontario

Rejoicing over Legal Aid Ontario‘s (LAO’s) recent increased funding from the Government of Ontario, should be tempered by the listed “points of conscience” that follow this next paragraph.

The Government of Ontario’s 2014 budget increased Legal Aid Ontario’s financial eligibility funding of legal services by $95.7 million over the next three years. This commitment was expanded in the April 2015 budget announcement. These recent articles celebrate LAO’s increased funding:

(1) “Expanding access to legal aid for Ontarians, by Nye Thomas, Legal Aid Ontario Blog, June 5, 2015, at: http://blog.legalaid.on.ca/2015/06/05/expanding-access-to-legal-aid-for-ontarians/

(2) “Expanding LAO’s services: the road ahead . . . [more]

Posted in: Practice of Law

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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