Canada’s online legal magazine.

Washington DC Information Update for June 2023

I was back in Washington DC last month and found that the US Supreme Court Building has reopened to the public. I revisited their website and found that more historical content is available.

I found this current text: “The U. S. Reports volumes available for free download on this website consist of volumes 502 et seq., which covers the 1991 Term and subsequent Terms. Starting with the Court’s 2022 Term, PDFs of the U. S. Reports (in both preliminary print and bound volume format) will be posted to this website as they become available. PDFs of volumes not yet . . . [more]

Posted in: Legal Information

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 more than 80 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. The Trauma-Informed Lawyer 2. David Whelan 3. The Every Lawyer 4. Hull & Hull Blog 5. Official Clio Blog

The Trauma-Informed Lawyer
LGBTQ2S+ Visibility on the Bench

What does it mean to be visible in a job where you need to remain impartial? Today on the show,

. . . [more]
Posted in: Monday’s Mix

Books to Read Before Law School – an Essential Summer Reading List

This book list was curated to offer those on the cusp of law school a summer reading list packed with important insights, presented in a manner that would not put them to sleep. It turned out to have something for everyone. Whether you prefer e-books or the old fashion flipping of pages, here are five must-reads for the summer months…

Bob Joseph, 21 Things You May Not Know About the Indian Act: Helping Canadians Make Reconciliation with Indigenous Peoples a Reality (Canada: Raincoast Books, 2018) ISBN: 9780995266520

Why read it this summer?

Because, as Misha Munim puts it, “this book . . . [more]

Posted in: Book Reviews, Legal Education, Practice of Law: Future of Practice

Summaries Sunday: SOQUIJ

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 Cour d’appel énonce les facteurs dont les tribunaux doivent tenir compte lorsqu’ils sont appelés à contrôler les conditions mises en place par le ministère public relativement à l’accès à des éléments de preuve de nature pédopornographique et aux modalités de leur communication à la défense.

Intitulé . . . [more]

Posted in: Summaries Sunday

Stop Assessing Credibility Outside of the Box: Why Adjudicators Should Only Consider Demeanour of a Witness While on the Witness Stand

Assessing credibility is a critical role for adjudicators, in many cases. How to assess credibility requires its own book, but in this column, I will focus on the inappropriateness of relying on the facial and physical reactions (otherwise known as demeanour) of a party when they are not on the witness stand.

The relevance of demeanour is a persistent myth in adjudication. Even though studies have shown that our ability to judge whether someone is lying solely by their demeanour is about 50% (no better than a coin toss), it still is considered by the courts to be a factor . . . [more]

Posted in: Dispute Resolution

Thursday Thinkpiece: Forcese on National Security Accountability in Canada

Periodically on Thursdays, 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.

Fundamentals of National Security Accountability in Canada

Author: Craig Forcese
Publisher: Irwin Law Inc.
Imprint: Irwin Law
Publication Date: May 3, 2023
ISBN: Print (Paperback): 9781552216859
292 pages; 6″ x 9″

Excerpt: Chapter 9, The Future of Democratic Regulation

 

In Chapter 1, I described three modern generations of democratic regulation of . . . [more]

Posted in: Thursday Thinkpiece

Wednesday: What’s Hot on CanLII? – June 2023

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. Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17

[10] From this perspective, and notwithstanding the findings of the Federal Court judge that the s. 7 interests are engaged, the challenge to s. 159.3 of the IRPR ultimately fails. The IRPA and the IRPR contain . . . [more]

Posted in: Wednesday: What's Hot on CanLII

Statutory Publication Metaphor: Robin Hood

One of the most difficult parts of statutory research for beginners is learning that statutes are published in two formats: chronological laws and codified laws. In the US, federal legislation is first published as a slip opinion and then bound into a volume of the Statutes at Large. These documents are useful for a researcher who wants to answer questions about intent or statutory language, as you want to see the entire law as it appeared when it was passed. However, most of the time a legal researcher merely needs to know what the law is at this moment on . . . [more]

Posted in: Legal Education, Legal Information

CBA Demarch on Proposed Sanctions Legislation Underscores Trade Bar’s Frustration With Canada’s Overall Management of Its Russia Sanctions Program

On May 12, 2023, in response to the Government of Canada’s proposed amendments to the Special Economic Measures Act (SEMA) and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (Magnitsky Act) in Bill C-47, the Budget Implementation Act 2023, No. 1 (Bill C-47),[1] the International Law Section of the Canadian Bar Association (CBA Section) has filed a submission with the Parliamentary Standing Committee on Finance.[2] Bill C-47 is intended to make consequential amendments with respect to commitments made by the Government in its 2023 Budget. The same text was filed with the . . . [more]

Posted in: Administrative Law

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 more than 80 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. Attorney with a Life 2. Official Clio Blog 3. The Lean Law Firm 4. Family LLB 5. Crossroad Family Law Blog

Attorney with a Life
Balance the Scales: Service vs Servitude™

The law is a helping profession. Outsiders might scoff, but all of us in the profession

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: SOQUIJ

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 tenue d’un nouveau procès est ordonnée à l’égard d’un ancien policier déclaré coupable d’agression sexuelle; la réponse du juge aux questions soumises par le jury était incorrecte et incomplète en droit, et elle a induit le jury en erreur quant à la manière d’évaluer les réponses . . . [more]

Posted in: Summaries Sunday

Youth Voices – Raising Awareness Through Art

For the past four years, Youth Voices [Note 1] worked with Deer Crossing the Art Farm (Gibsons BC) on an initiative to raise awareness of the need to provide meaningful participation and voice to kids experiencing parental separation. On May 25, 2023, this partnership launched “Seen and Heard” – both a physical art installation and a digital platform for children and young people to tell their stories .

For four days, the art installation was located in the plaza outside of the Vancouver Art Gallery, near to the BC Provincial and Supreme courthouses. It presented two colourful little houses, each . . . [more]

Posted in: Dispute Resolution

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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