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.

The Law of Affidavits. By John Douglas Shields. Toronto: LexisNexis Canada, 2023. 255 p. Includes bibliographic references, table of cases, and index. ISBN 9780433525004 (softcover) $140.00.

Reviewed by Laura Lemmens
Retired Librarian
Edmonton, Alberta

The Law of Affidavits is the first and only text dedicated to evidence and the drafting . . . [more]

Our lives are increasingly dominated by technology. We communicate by various channels: emails, social media, text messages, WhatsApp, Snapchat, FaceTime, and so forth. But what happens when a litigant obtains evidence by hacking into an account or secretly filming an event? Can this surreptitiously obtained evidence be used?

Although discouraged, sometimes these recordings can be admitted into evidence. It is up to the trial judge to decide whether to exclude the evidence by weighing its prejudicial value against its probative value. (See Fiorito v. Wiggins, 2015 ONCA 729, at para. 22).

In the recent case Chen v. Huang . . . [more]

Over the last three years we have followed Canada’s ongoing battle to protect and reserve it supply management system for dairy and poultry products in place and negotiated for since the original GATT negotiations concluded in 1947. For the most part these trade disputes have been with the United States before NAFTA and Canada-U.S.-Mexico Agreement (CUSMA) Panels.[1] More recently another of Canada’s trade partners joined the fray – New Zealand.[2] The results were mixed and Canada lost some ground but has been able to preserve its right to maintain and operate its system.

On November 24, 2023,a second . . . [more]

Customer service is in decline. In my opinion, the problem is worse with large organizations.

I skimmed the surface in my last post “The Robots are Already in Control (Part One)“.

Companies that are primarily internet-based are the worst. One of my major pet peeves is a corporate website that has no phone numbers. For many, at best the customer service phone line is almost unfindable – buried four clicks into the site. I’ve even gone so far as to phone the “company” side of the business (the side that deals with shareholders), because there was no . . . [more]

Last year a disheartening record was set for research integrity in scholarly publishing. In 2023, over 10,000 research articles were stamped “retracted” reducing them to ghost research. The previous year the number was short of 6,000, itself a retraction record. Clearly something is amiss in the quiet halls of academe.

When a paper is marked retracted, or rather RETRACTED, on page after page, the journal’s editors and publishers have determined that it has a problem well beyond “correction” or “update.” Corrections, for example, will be issued for a number of Claudine Gay’s articles, as the former Harvard president adds . . . [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) : La juge de la Cour du Québec ne pouvait faire l’économie de la question du lieu du procès à Kuujjuaq plutôt qu’à Quaqtaq ni du droit de l’appelant d’être jugé dans sa communauté; cela étant, il n’est pas question ici d’une erreur de compétence, et le juge . . . [more]

It’s difficult to find the balance between beating yourself up for a failure and reviewing what went wrong in an attempt to uncover the lessons learned. I try not to stew on past mistakes and quite frankly, rarely categorize less ‘successful’ projects that way. All my project experiences have improved me professionally and helped to fine tune my processes for the next project.

Whether a project is perceived as a success or a failure, I can’t stress enough the value of the debrief. Hindsight really is 20/20. On a project we need a bit of distance to reflect on what . . . [more]

At the beginning of each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

1. Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5

[64] It is open to Parliament to affirm, as it has in s. 18(1), what it considers to be the constitutional requirements for reconciliation, even if it cannot, by doing so, unilaterally . . . [more]

“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]