One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from June 21 – July 25, 2024 inclusive.

Appeals

Administrative/Labour Law: Standard of Review; Grievances Arbitration
York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2022 ONCA 476; 2024 SCC 22 (40360)

This appeal provides an opportunity for the S.C.C. to determine the applicability . . . [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.

PÉNAL (DROIT) : Les 2 coaccusés, des ex-joueurs des Tigres de la Ligue de hockey junior majeur du Québec, sont condamnés à des peines de pénitencier pour avoir agressé sexuellement la victime alors que celle-ci était âgée de 17 ans.

Intitulé : R. c. Daigle, 2024 QCCQ 3083 *
Juridiction . . . [more]

“Jury Duty” is a courtroom spoof-comedy reality show where the only victim is Ronald Gladden, who thinks he’s going to be a juror. Ronald is “picked” as a juror in a civil trial, except he is the only one who isn’t in on the theme of the show. The judge, counsel, fellow jurors, and witnesses are all actors, but Ronald is not. In one scene, the competent plaintiff’s counsel presents a kind of virtual reality reenactment of the scene which is the subject of the civil litigation, and it truly impresses the jurors. The bumbling counsel for the defense does . . . [more]

For decades, the ideas of equality, justice, and human rights have been the core pillars of Canada’s national identity. However, the reality embedded within our criminal justice system creates a significant obstacle to the actualization of those ideas. Overrepresentation of Indigenous and Black individuals in Canadian jails and prisons, and systemic racism in the criminal justice system, have been well documented in numerous studies and inquiries.[1] The Ontario Court of Appeal acknowledged this systemic issue over thirty years ago in R v Parks, 1993 CanLII 3383. This necessitates a pressing reconsideration of the “public interest” test used . . . [more]

British Columbia’s government is currently fighting the Law Society of British Columbia (LSBC) and the Trial Lawyers Association of British Columbia (TLABC) over BC’s new Legal Professions Act (Bill 21). They and others see Bill 21 as unlawfully terminating the independence of the profession of lawyers. Bill 21 also serves as a case study in the failure of democratic law-making.

As I write, faces of lawyers from other countries flash through my mind – lawyers who have suffered exile, criminalization, imprisonment, threats, attacks, murder, or enforced disappearance to silence their legitimate advocacy. In countries without a . . . [more]

Shutting down her computer for the day, Mary noticed how anxious she was. Yet again, she had received no feedback on the legal opinion she had drafted for the partner, and she was beginning to worry if her job was in jeopardy.

In law firms, far too often, “no news is good news.” You will hear what you did wrong or badly but are much less likely to hear what went well.

In the demanding field of law, nurturing the growth of junior lawyers is essential for their professional advancement and the firm’s ongoing success. And if you are taking . . . [more]

The Canadian Open Access Legal (COAL) Citation Guide/Guide canadien de la référence juridique en accès libre (RJAL) is now available: https://canlii.ca/t/7nc6q

Over the course of two years, law librarians from across Canada worked together to create the COAL-RJAL Guide. The English version of the Guide is now freely available and hosted on CanLII (2024 CanLIIDocs 830), and the French version is in progress. The Guide is intended to be used throughout the legal field and incorporates feedback contributed by reviewers from Canadian courts, law firms, law journals, law societies, and law schools.

The COAL-RJAL . . . [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.

PÉNAL (DROIT) : Le tribunal conclut hors de tout doute raisonnable qu’une véritable entente s’est concrétisée entre l’accusée et son conjoint pour agresser sexuellement l’enfant que celle-ci gardait; l’accusée est donc déclarée coupable de l’infraction prévue à l’article 172.2 (1) b) C.Cr.

Intitulé : R. c. Blackburn, 2024 QCCQ 2516 . . . [more]

The bar examination landscape in the United States seems to be in a state of upheaval. The National Conference of Bar Examiners (NCBE) is in the midst of developing a new bar exam, called the Next Gen Bar. Meanwhile, California’s State Bar considered scrapping NCBE entirely and hiring Kaplan to write an exam for California.^[1] Though California has now paused this plan, it’s clear that they were looking for other options and thought it might be possible to write a new exam.

I once heard a teaching expert joke that she could teach anything. She would take a bet . . . [more]

I shared news earlier this year, but I wanted to follow up with some tips on how to get the most out of Courthouse Libraries BC’s free access to Court Services Online (CSO) E-search.

These tips include pointers helpful for anyone using CSO E-search, even if you are out of the province and don’t know anything about this useful tool for accessing BC court records and file information. Anyone can search CSO, see free results, and then pay to see deeper case information and pay to download available documents. You don’t need an account. So if you’re outside BC, . . . [more]