Canada’s online legal magazine.

Are You Vulnerable to Heartbleed?

A serious flaw has been discovered in OpenSSL – the browser encryption standard used by an estimated two-thirds of the servers on the internet. This flaw has been there for a couple of years, and allows hackers to read data stored in memory. That gives hackers access to anything in memory, including security keys, user names and passwords, emails and documents. More detail is on Gigaom and Schneier on Security.

An update to OpenSSL fixes the flaw. Anyone who has a website should ask their service provider if it affects their site, and have it updated immediately.

And for . . . [more]

Posted in: Technology

Pausing to Reflect, but Not to Rest

Yesterday was Equal Pay Day in the United States, and while the statistics released by the Pew Research Centre on the pay gap between men and women in the U.S. showed progress in shrinking the gap over time, the evidence overall revealed a persistent difference.

Last month, on the day before International Women’s Day, the federal government announced seven judicial appointments. Only one of the appointees is a woman.

It is challenging to keep from becoming frustrated with a plodding pace of change that sometimes feels like one step forward, two steps back. I know I am not . . . [more]

Posted in: Justice Issues, Practice of Law

Open and Legal Education

There is no shortage of topics to write about when it comes to Legal Education in the 21st Century. Most of them encompass a huge amount of changes that are in process or on the horizon, which, depending on your outlook, can be taken as good news or bad. I think everyone can agree that it is a bit overwhelming to contemplate – especially since most of the changes such as governing body regulations, legal job markets and technological innovations are completely out of our hands and still be decided. Even the most pro-change reformer who would love to . . . [more]

Posted in: Legal Education

Wednesday: What’s Hot on CanLII

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. R. v. Yussuf 2014 ONCJ 143

    [1] This is my decision in the trial of Mr. Mohamed Ali Yussuf, who was tried before me on 17 March 2014 on a charge of wilfully obstructing a peace officer in the course of his duties. That charge arises from an incident alleged to have happened on 3 September 2012. The trial proceeded in an unusual

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

Identifying and Addressing Reputational Risk in a Law Firm

How well do most law firms understand and address reputational risks? Last week, I referenced the extreme example of Dewey & LeBoeuf, a bankrupt global firm that ignored reputational risk to the point where it now serves as the profession’s poster child for what-not-to-do.

This week, I’ll be more constructive.

Why pay attention to reputational risk?
It’s said that we’re now operating in a reputation economy where “who you are” matters more than “what you sell”. Research shows that across all sectors of society, transparency is now valued more than tradition, sharing more than showmanship and security more than . . . [more]

Posted in: Practice of Law: Practice Management

Financial Support for Law via the Internet Available to CALL Members

The call for papers for Law Via the Internet (LVI) went out recently. The conference is to be held September 29-October 1, 2014 in Nairobi, Kenya. The theme – The impact of open access to legal information : bridging the gap between accessibility and usefulness – presents attendees with huge scope for discussion, and as a parliamentary librarian, I’m interested to see how many of the suggested themes go beyond the courts and into areas of citizen participation in law-making. The idea that there is a gap between accessibility and useful is also a compelling idea, and I look forward . . . [more]

Posted in: Education & Training: CLE/PD, Legal Information: Libraries & Research

Ontario Judge Strongly Pushes for Greater Use of Technology in Courts and Orders E-Trial

In a case conference decision in the matter Bank of Montreal v Faibish, 2014 ONSC 2178 (CanLII), Justice David M. Brown expressed “profound frustration” at the failure of lawyers and judges to make greater use of technology while conducting litigation. He went as far as ordering an e-trial on the matter, over the expressed desire of some counsel to do an electronic and paper-based trial.
This is one of the strongest statements a judge has made with respect to the need for greater use of technology in the court system. No doubt, it will generate considerable discussion. The relevant . . . [more]

Posted in: Case Comment, Technology

Annual CALL Conference a Must

There are plenty of fabulous continuing professional development offerings available for law librarians. MOOCs and webinars, local meetings and seminars, national and international conferences. For me, the Canadian Association of Law Libraries annual conference is a must attend event. Every time I select an ‘instead’ option (as opposed to and ‘in addition’ option) for my annual major professional development, I have regrets for several reasons:

  1. I miss hearing about the enhancements that Canadian legal publishers are undertaking
  2. I miss keeping up with the adjustments to my professional network – who is where
  3. I miss the extraordinary information sharing that inspires
. . . [more]
Posted in: Education & Training: CLE/PD

Could It Be Time for Apprentices Again?

It wasn’t so long ago that would-be lawyers didn’t go to law school. Instead, they were apprenticed to experienced lawyers and learned their skills on the job.

It wasn’t until the 1950s and 60s in Canada that law degrees became de rigeur and apprenticeships were compressed into an articling year to be completed before writing the bar exam.

Flash forward to an age of soaring law school tuition rates and declining job openings, when students complain of heavy debts and a lack of practical training, and suddenly the age-old apprenticeship seems like a suitable tool for modern times.

“Adding apprenticeship . . . [more]

Posted in: Education & Training, Education & Training: Law Schools, Practice of Law: Future of Practice

Ontario’s Court Filing System Needs Fixing

A great video recently made the rounds in which a Canadian doctor handily defended the Canadian health care system when it was criticized by a partisan U.S. senator. While some in the U.S. may look northward to the Canadian health care system for inspiration, it is exactly the opposite when it comes to comparing the U.S. court system with Ontario’s.

In the U.S., court documents are easily accessible by PACER. PACER means “Public Access to Court Electronic Records”, giving access to over 500 million U.S. federal court documents, including a listing of parties involved in the litigation, . . . [more]

Posted in: Justice Issues, Practice of Law

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.

Technology

Be a YouTube Power User With These Keyboard Shortcuts
Dan Pinnington

Most people wouldn’t think of using keyboard shortcuts as they watch videos on YouTube. However, there are actually several really helpful YouTube keyboard shortcuts that everyone should know and use. . . .

Research

Watch the Law Library Blog
Shaunna Mireau

The Law Society of Saskatchewan has a new blog. “Legal Sourcery helps you navigate through the jumble . . . [more]

Posted in: Tips Tuesday

The Speed of Change (Spoiler Alert: It’s Slow)

The buzzword bingo I played during LegalTech NY and ReInvent Law was won by the word “change”. It was an amazing firehose-of-information week, and getting off the plane I was committed to picking up Kotter’s Leading Change book (again), plus I ordered Rogers’ Diffusion of Innovations book. But the February blues of a Toronto winter got the best of me and I ended up reading Switch instead. (It was an easier and happier read as it turned out.)

I came away from New York with the (rather obvious) thought that: change will be slower if solutions don’t make things easier, . . . [more]

Posted in: Legal Technology

3li_EnFr_Wordmark_W

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