Canada’s online legal magazine.

A Blow to the Bail Program

The Toronto Bail Program (TBP) has recently announced that, effective Mar. 29, they will be discontinuing serving the weekend bail court on Sundays and statutory holidays.

For those unfamiliar with the important work done by the TBP on behalf of persons who are unable to present friends, family members or co-workers as prospective sureties in bail court, see my blog post on this disturbing development for more detail.

This is yet another head-scratching decision that undermines the success of our increasingly strained criminal justice system. While millions of additional Federal dollars will have to be poured into policing, courts and . . . [more]

Posted in: Justice Issues

A Theory of Justice – the Musical

I bought my copy of John Rawls A Theory of Justice for £5 in 1972. It would have been inconceivable then that I would be watching a YouTube video of a musical version of Rawls’ Theory by Eylon Aslan-Levy. Geek heaven.

Actually, the fact that a musical itself could be produced would have been inconceivable. But it’s more than a musical – it describes itself as an all-singing, all-dancing romp through 2,500 years of political philosophy, by Eylon Aslan-Levy, Ramin Sabi & Tommy Peto.

In order to draw inspiration for his magnum opus, John Rawls travels back through time

. . . [more]
Posted in: Education & Training: Law Schools, Miscellaneous, Reading

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada's award-winning legal blogs chosen at random* from thirty-six recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Ontario Condo Law Blog   2. Doorey’s Workplace Law Blog   3. Official Clio Blog   4. Michael Geist's Blog    5. Wise Law Blog
Posted in: Monday’s Mix

Getting It Together – One Habit at a Time

This January Monica decided she was fed up with feeling behind at work. Tired of feeling tired. And done with working in a chaotic mess. She set a powerful goal for herself: By the end of the year she would feel healthy and energetic; her office would be organized and would remain tidy on a consistent basis; and she would be on top of her deadlines.

To achieve her goal she decided to focus on developing some new positive habits. Over the Christmas holiday she read two books: The Power of Habit by Charles Duhigg and The Habit Factor by . . . [more]

Posted in: Practice of Law

Digital Documents Actually Preferred by Older Readers

We always assume that the digital transformation will be lead by the youth. Or at least Mitch does.

Kevin O’Keefe came across a recent study which indicates that older readers needed less brain activity when reading on a tablet than on paper or e-Readers. The authors used EEG devices to monitor (theta band) brain activity and tracked eye movement. In fact, the older readers, aged 66-77 years, were actually able to use the tablets better than younger participants.

The point here is that the readers’ subjective preference of print over tablet was irrelevant, for all age groups. Most of the . . . [more]

Posted in: Technology: Office Technology

Summaries Sunday

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week's summaries concern Matrimonial property, Covenants in easement agreement, Duties of trustee, Sufficiency of judicial reasons, Disqualification of refugees, & Definition of Indian:
Posted in: Summaries Sunday

Edwin Mellen Press’s Curious Case

In case there are any Slaw readers who have not yet learned of it, I thought I’d point you to some posts about Edwin Mellen Press‘s lawsuit against McMaster librarian Dale Askey (and against McMaster University as well). EMP claims Askey defamed them online in a post, and a series of comments to it, entitled “The Curious Case of Edwin Mellen Press” (a turn on Dickens’s “The Curious Case of Edwin Drood,” by the way) and in the Notice of Action begun in June 2012 they ask for $3,500,000.00 in damages.

The Notice of Action is available online here . . . [more]

Posted in: Justice Issues, Legal Information: Libraries & Research, Legal Information: Publishing

Call Centres’ Recordings Stored Outside Canada?

A private correspondent has suggested to me that call centres that record incoming calls ‘for quality assurance purposes’ often store the recordings offshore, including in the US. The correspondent wondered if there was any concern that the information in the calls might therefore be subject to investigation or copying by US law enforcement under the PATRIOT Act.

Both the Canadian and the Ontario Privacy Commissioners have commented on allegations of special risk of having personal information in the US because of that statute. Neither have supported the concerns. A recent summary of the discussion is found in the Ontario IPC’s . . . [more]

Posted in: Substantive Law, Technology, ulc_ecomm_list

The Friday Fillip: In One Ear

The Economist reports on pigeons. At least it does when they’re unable to find their way back home in upstate New York. Seems homing pigeons, long a marvel to the geolocation folks, have trouble with their animus revertendi, as we ex property profs like to say, when it’s animated near Jersey Hill, NY. And this, we learn from “The Birdmuda Triangle,” provided the anomaly that led biologist Bill Keeton to figure out a third piece in the puzzle that is pigeon homing. Scientists have known about the birds’ ability to use the sun and the Earth’s magnetic . . . [more]

Posted in: The Friday Fillip

If Your Library Was a Small Business, Would It Still Be Open? Part 2

In my last column we explored how entrepreneurial characteristics can augment librarian skills. Once again, using Entrepreneur.com’s article 25 Common Characteristics of Successful Entrepreneurs, we continue with points #8 to 25.

8. Project a positive business image. Unfortunately we still see that old “us and them” mentality in law firms: lawyers — and everyone else. Help diminish that by always projecting a positive business image. With a Masters degree (or commensurate experience), you too are a professional, but short of wearing your resume as a visible badge, use demeanour (confident and positive), speech (thoughtful, considered and forthright) and relationships . . . [more]

Posted in: Legal Information

Supreme Court of Canada Hearings Calendar for February 2013

The Supreme Court of Canada has published its calendar of appeal hearings for February 2013.

To find out more about any particular case
, the Court’s website has a section that allows users to find docket information, case summaries as well as factums from the parties. All you need to do is click on a case name.

It is also possible to follow any hearing live via webcast. Webcasts are then archived on the Court’s website. . . . [more]

Posted in: Legal Information, Substantive Law: Judicial Decisions

Self-Serving and Self-Defeating: Why Lawyer Image Campaigns Are Pointless

Yesterday morning, I was in Dallas, giving a presentation to members of the National Association of Bar Executives (NABE), which brings together the professional staff leaders of both voluntary and mandatory bar associations across the U.S. (and occasionally Canada, although there were no Canadians at this meeting).

I spoke to the NABE conference about the future of bar associations and suggested a number of new themes or pillars upon which 21st-century bar associations could be built. One of these was “aspiration” — my belief that most lawyers aspire to the law as a higher calling; they deeply appreciate and cherish . . . [more]

Posted in: Miscellaneous, Practice of Law

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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