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.

INTERPRETING THE CHARTER WITH INTERNATIONAL LAW: PITFALLS & PRINCIPLES

Benjamin Oliphant
APPEAL: Review of Current Law & Reform Vol. 19, no.1 (2014): 105-129

Excerpt: Part II

(Footnotes omitted. They are available in the online version via the link above.)

II. PRESUMPTIONS OF COMPLIANCE AND CREEPING MONISM

A number of critics have suggested that . . . [more]

My firm was recently retained by a client to assist with their Strategic Planning process. During the “interview stage” of our relationship, the Managing Partner went to great lengths to have me explain my process and style. We had numerous meetings (more than I believe any lawyer would think was reasonable if the situation were reversed) but still I persevered. I knew that there was a reason underlying their reluctance to sign on the dotted line although I understood that it was not about my firm (they had already told me that we were the consultants with whom they wanted . . . [more]

I’m in the midst of preparing a presentation for Manitoba’s upcoming Pitblado Lectures describing various online and new media approaches to access to justice. In doing so, I have been struck by the range and variety of players in this game. Though they may be providing access to justice services and supports for different reasons (whether for profit, for the public good or as a public service more generally) the resulting innovations show great promise to enhance access to justice and reduce gaps.

Groups like HiiL based in The Hague, are supporting innovative approaches to access to justice worldwide. Technology . . . [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. Miller v. Carley, 2009 CanLII 39065 (ON SC)

[1] After a busy day conducting illegal drug transactions, the plaintiff, the defendant and a mutual friend stopped at a corner store where the defendant purchased some “scratch” lottery tickets. One of the tickets proved to be a $5-million winner.

[2] The parties dispute ownership of the winning ticket. If the ticket were . . . [more]

In the United States we recently celebrated Columbus Day on October 13^th. The day was established in 1934, as a national holiday to celebrate the Italian-American heritage of exploration; then was moved to the second Monday in October in 1968. Its celebration has become controversial, however, because Columbus did not in fact discover America and his arrival unleashed genocide against the indigenous people already living in the Americas.

This year both Seattle and Minneapolis celebrated the day as “Indigenous People’s Day”. Since 1990 the state of South Dakota has called this second Monday in October “Native . . . [more]

How many lawyers consistently use a checklist of questions to ask clients at the beginning of a personal legal matter? Many customize the checklists published by provincial Law Societies for a particular practice area, client service style or matter management process. The focus is often on quality assurance, risk mitigation and scope of work. Is there a way to include the human element too?

I attended a lecture by Atul Gawande in New York a few weeks ago. Gawande is a surgeon who teaches at Harvard Medical School, writes for The New Yorker and leads two health care organizations. He . . . [more]

In my spare time lately, I have been studying. My partner Patric deserves special recognition for handling the bulk of homestead related activities as I park myself in front of the computer each evening to delve into the specifics of Z scores, standard deviation, degrees of freedom, probability and regression analysis.

It is interesting and also quite challenging to be facing an exam with the practice question: “43.5% of students pass this certification exam. The department head is sending 12 people from your company to take the exam and says that if you all pass you will each receive a . . . [more]

“You need to return on a Wednesday at 9:00am or a Friday at 2:00pm.”

“Excuse me?”

“Oh wait, sorry. You’re client’s last name begins with ‘G’. That’s a Tuesday matter.”

“But I’m back here this Monday…”

“Oops. Hang on. It’s a domestic. Thursdays at 10:00am. Definitely Thursday.”

***

The above is a pretty faithful recounting of nearly every day in set-date courts across the Greater Toronto Area (GTA) and, perhaps to a lesser extent, across Ontario. I don’t have a sufficient personal sample size to gauge whether the alphabet soup insanity that has infected my home province has spread its . . . [more]

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.

Technology
Dan Pinnington

To Avoid Corruption – Formatting a Memory Card Is Better Than Erasing Images on It*

With DSLRs, it has become very easy to fill your SD or memory card to capacity. Many of us have will have found ourselves deleting pictures when we run out of space. Doing this in the middle of a photo shoot is fine. However, if you are taking a bunch of pictures . . . [more]

In an unusual case, Justice Nordheimer of the Superior Court of Justice has overturned the result of a youth soccer match.

The Cobras defeated the Strikers 2 – 1 in the semi-final match of the Ontario Cup in the Under 16 Boys Tier 1 Division.

After the match, the Strikers alleged that the Cobras had improperly used six players as “call-ups”. The Ontario Soccer Association (“OSA”) sent notice of the Protest to the Cobras.

A few days later the Cobras received another email from the OSA raising a new issue regarding the semi-final match. In particular, the OSA was . . . [more]

“Diversity” describes the characteristics of a group. When we examine how diversity influences the profession as a whole, it’s easy to lose sight of the experience of being an individual lawyer, with specific identity characteristics, practising law in Ontario. While cultural sensitivity benefits all lawyers, what is it like to practice law when, at least with respect to some aspect of your identity, you are in the minority?

We posed that question to the four lawyers profiled in the in the newest issue of LAWPRO Magazine. While their stories are very different, all four agreed that success depends on . . . [more]

On Saturday The Honourable Louise Arbour‘s star was unveiled on Canada’s Walk of Fame along with those of the other inductees The Band, Jeff Healey, Rachel McAdams, Ryan Reynolds and Hayley Wickenheiser.

#CWOF2014 Inductee @louise_arbour stopped by the #TwitterMirror on the #SunLifeYellowCarpet. Watch Dec. 19 @Global_TV pic.twitter.com/czYDzzcue7

— Canada’s Walk of Fame (@CWOFame) October 20, 2014

From her bio included with her webpage:

The Honourable Louise Arbour is currently a jurist in residence at Borden Ladner Gervais providing strategic advice to lawyers of the Litigation Group, in particular on issues pertaining to international disputes. Her great legal mind,