“Trial by jury is an institution unique to common law countries. It is more than a mere incident of criminal procedure. It has been described as a pillar of the Constitution and praised as a palladium of liberty. ” – Regina v. Bryant, 1984 CanLII 2026 (ON CA), <https://canlii.ca/t/g187z>.

In the recent decision Penate v. Martoglio, 2024 ONCA 166, Justice Tulloch of the Ontario Court of Appeal addresses the importance of a civil jury trial in the context of a medical malpractice case. In Penate v Martoglio, the plaintiff Penate suffered a serious brain injury at birth, which . . . [more]

“There are few things more important than one’s name. It reflects one’s identity, individuality and human dignity.” Adam Dodek, “Mispronouncing names isn’t okay, and it has nothing to do with being ‘woke’”

There’s a movement underway in the legal community to focus attention on the proper pronunciation of names in legal settings. There is a growing recognition that the proper pronunciation of names shows respect and is more inclusive. The minimal effort involved in promoting the proper pronunciation of names can result in a more welcoming and respectful hearing room.

In 2022, the Law Society of Ontario recommended the use . . . [more]

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Reckoning with Racism: Police, Judges, and the RDS Case. By Constance Backhouse. UBC Press: Vancouver, 2022. 289 p. Includes chronology, bibliographic notes, illustrations, and index. ISBN 9780774868228 (hardcover) $75.00; ISBN 9780774868273 (softcover) $27.95; ISBN 9780774868297 (ePUB) $27.95; ISBN 9780774868280 (PDF) $27.95.

Reviewed by Lori O’Connor
Public Prosecutions
Melfort, SK

Reckoning . . . [more]

Last week, as I was preparing for our joint Windsor Law and EPICentre conference “Disruptive Technology: AI and Its Impact on the Legal Profession and the Automotive Industry – What Path(s) for Regulation“, this article flew by:

Jackie Davalos, Dina Bass, and Bloomberg, “Chatbots Keep Going Rogue as Microsoft Probes AI – powered Copilot that’s giving users bizarre, disturbing, even harmful messages” (Fortune, February 28, 2024). The original Reddit post shows a variety of outputs that interested users received.

First of all, some of them did acknowledge that the whole thing could be a hoax. However, Microsoft’s response, . . . [more]

As a general principle, citations in scholarly works have two purposes: to prove that the point is supported by evidence, and to allow the reader to find the evidence that the author is citing to. The pain of citations comes from the requirement that these citations be made as brief as possible by painstakingly utilizing a series of standardized abbreviations. The requirement to abbreviate arises mainly from a historical limitation: the scarcity of paper and ink.

I hear from other scholars that readers increasingly choose to read scholarly works in electronic formats and it seems likely that this trend will . . . [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 juge de première instance a eu raison de conclure que l’accusé avait contrevenu à l’ordonnance prévue à l’article 161 (1) a) C.Cr.; c’est à bon droit que le juge a retenu que le parc dans lequel l’accusé avait été interpellé correspondait à un «parc public» et . . . [more]

Access to justice applies to everyone. However, most formal access to justice initiatives focus (rightly) on people who are especially vulnerable due to poverty or very low income. IAALS (the Institute for the Advancement of the American Legal System) has just launched a new, organized network of individuals and organizations across the U.S. and in Canada who are committed to improving A2J for the “middle-class”.

It is called the Above the Line Network (ATLN).

The idea is to create a collaborative community to share ideas, resources and learnings and work together on innovative ways to meet the needs of this . . . [more]

INTRODUCTION

Mr. Justice Henry S. Brown must have been on tenterhooks for a chance to condemn the Prime Minister (PM) and the Minister of Justice (“the Minister”) for their failure to fill what are far too many judicial vacancies. And then Yavar Hameed came along and gave him the opportunity. In Hameed v. Canada (Prime Minister) (“Hameed”), Brown J. issued declarations that he expected to address the problem.

Hameed, a human rights lawyer, had a case adjourned because, as the Ottawa Superior Court of Justice Trial Coordinator explained to him, “'[T]he court is experiencing a lack of judicial resources as . . . [more]

Good morning Colleagues!

La version française suit.

We are writing to you on behalf of the Canadian Association of Law Libraries AI Working Group (WG).

The WG is responsible for developing guidance on the use of artificial intelligence in legal technologies, including both commercial and non-commercial databases. The databases anticipated to be covered would be those that use legal information sources (statutes, regulations, cases, commentary, and other sources) as their primary data source.

At this time, we are soliciting feedback from the legal profession.

Your feedback is important to the process, and will be used to help frame our final . . . [more]

The winning strategy of being one of one drives value and growth.

Leading law firm. Full service. Client focused. These throw-way platitudes are hallmarks of those who are indistinguishable in the legal services market and, as a result, are doomed to compete.

Be distinct. Stop competing. Own your market.

These are the hallmarks of smart and sustainable business.

Be Distinct

Distinct means being different from something else of a similar type.

According to the Federation of Law Societies of Canada, “Canada’s 14 provincial and territorial law societies govern over 136,000 lawyers, Quebec’s 4,200 notaries and Ontario’s 10,600 independent paralegals…” . . . [more]

In my last blog post “The Robots (AI) Are Already in Control (Part One)” I reminded users about the headaches involved with system migrations. Our working lives are already controlled by technology. This was to set the stage for the next part of the conversation.

Before I go down that rabbit hole, let me say that I appreciate technology, but I am a late adopter. I’d rather let everyone else pour time and money into sorting out new technology issues, and then adopt after the kinks have been worked out. Automating my working life is a fun question that I’m . . . [more]