Probably the most interesting thing happening in the BC legal world just now is the Justice Reform Initiative launched by the BC government back in early February. The review is chaired by Geoff Cowper, QC, of Fasken Martineau. The terms of reference for the initiative are ambitious. According to the government’s press release: “He [Geoff Cowper] will identify the top issues that are affecting the public’s access to timely justice and what can be done to ensure the efficiencies already underway have the desired impacts while respecting the independence of the judicial system.” The chief justices of the BC . . . [more]

The following article by Nora Spinks, president of Work-Life Harmony Enterprises appeared in the Winter 2008 edition of LAWPRO Magazine. The original article also features sidebar interviews with law firms that are making great efforts to address the issue of changing demographics in the workplace.

They, them, those … each generation assessing the others. Generational diversity is quickly becoming one of the top stressors in organizations. With five distinct generational characteristics mixed with other elements of diversity including gender, culture, ethnicity, language, experience etc., the complexity of our workforce has never been greater.

Historically, there were three distinct generational . . . [more]

This past week Dr. Michael Rachlis launched Doctors for Fair Taxation, calling for the top wealth earners in Canada to be taxed even further. Given that physicians are often prominent members of this tax bracket, the initiative attracted lots of attention.

Rachlis suggested to Toronto Star columnist Thomas Walkom that this could inspire a “Lawyers for Fair Taxation.” Walkom responded with skepticism, which to me was incredibly telling of the way that lawyers continue to be perceived in society.

The rationale behind Rachlis’ group is that income inequalities lead to poorer health indicators, and that the decline of . . . [more]

Following the increased occurrence of bullying in schools among Canadian youths aged 11 to 16, and high-profile suicides of young persons due to bullying, several jurisdictions in Canada are in the process of enacting anti-bullying laws. The aim of the laws is...

In the various provincial election campaigns across the country, there is little attention being paid to the funding of the civil justice system. Among elected officials, the dominant paradigm is one that sees funding of the civil justice system as an obligatory expense for the government. The costs appear unlimited and ever increasing. The challenge within this paradigm is how to minimize this expensive item while still meeting their basic obligations. The results are evident in court delays, the ever increasing number of self-represented litigants, increasing restrictions on access to legal aid, and a myriad of unresolved civil disputes in . . . [more]

The Section of State and Local Government Law of the American Bar Association (ABA) hosted a panel on cyberbullying at the 2011 Annual Meeting.

The panelists included James Hanks of Ahlers & Cooney, Grant Bowers, Legal Counsel for the Toronto District School Board, Dr. Jeff Gardere, a psychologist from New York with expertise in mental health, and Kathy Macdonald, from the Calgary police.

The panel discussed how changes in technology have created new ways for students to bully each other, creating new legal challenges for schools and communities. Regulating cyberbullying raises significant constitutional questions, especially in the U.S., . . . [more]

I’ve been staring at the horizon again. It’s not hard to see that change to our legal system is on the way. Everywhere we turn we encounter reports of things broken or in disarray. 

For instance, access to justice is a pressing concern. Chief Justice McLachlin speaks about it frequently, as does British Columbia’s Chief Justice Finch (see here). They do important work identifying that access to justice has become a privilege of the wealthy. They applaud the pro bono work of the legal profession, and encourage us to work towards innovative solutions.

Meanwhile, legal aid coverage is shown . . . [more]

Ontario Bill 68, The Open for Business Act, 2010 was recently tabled in Legislature. The aim of the Bill is to create a more competitive business climate in the province, while protecting the environment and public interest. Among the over 100 proposed amendments to various pieces of legislation, broadly stated, the upcoming changes would:

Here’s a turn-up for the books: there’s a new entry in the Canadian legal search engine market. CanLII notwithstanding, Kent Mewhort, a McGill law student and experienced software engineer, has launched Nomus, a free search engine for Canadian legal decisions.

This is no Google-based amateur effort, but rather a serious tool running with at least one interesting algorithm and one valuable additional feature. I’ve had a small exchange of emails with Mr. Mewhort, and some of the material in this post comes from that.

First the scope: the database is drawn from publicly available, i.e. governmental, sites . . . [more]

Yes. You read the title correctly.
No. I’m not crazy. Although one might argue that point considering that I am about to propose a solution to the intractable problem of impaired driving that would, if implemented, wipe out a large percentage of my practice.

When the typical impaired driving client approaches me they invariably express one or both of the following two concerns: first, they want to avoid the stigma of a criminal record and second, they want to keep their driver’s licence. As the law now stands, neither of these objectives are possible without winning the case outright. If . . . [more]

I am amazed that the three minutes extracted from an interview that I gave in the summer of 2009 with the thought that parts of it would be used in a tribute video to be shown at the 2009 AALL Convention has caused such a kerfuffle. [Ed. note: see Berring’s Scepticism on the Future of Free Legal Information, Berring, CanLII and Kobe Beef, Berring, free legal information, and making good choices] (Glad to see that someone used one of my favorite words). The context of the remarks matters because they were meant to be light in tone. . . . [more]

Foreign ownership

In the early days of online legal research, when everything was uncertain, governments and law societies were legitimately concerned about the prospect of foreign ownership of Canadian legal information. The fear was that the legal heritage of Canada would fall into the hands of “non Canadians”, a prospect viewed with horror in many circles. While no one at that time really could foresee the future of online legal research in Canada, in retrospect, everyone should have expected that the natural “Canadian” predisposition to reconcile differences would produce a solution that would reflect everyone’s interest, offend almost no one, . . . [more]