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Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca. Current postings on Slaw Jobs (newest first): Freelance Copyeditor (Contract) | Anywhere in Canada (CanLII)
Tags: Law, Canada, Slaw, Friday Jobs Roundup


A Journalist Shield Law for the Provinces

This piece is based on my Parkland Institute report entitled, “Alberta’s Inadequate Legal Protection of Whistleblowers, Journalist Sources and Others Who Speak Out in the Public Interest.” The report is expected to be published online later this year. A person who wants to blow the whistle on wrongdoing in our society has a lot to worry about. On the legal front, they may lose their job or be sued. Whistleblower protections in Canada, which extend only the public sector employment, are poor. Mor...
Tags: New York, Supreme Court, Law, California, US, Canada, District Of Columbia, Alberta, Columbia, US supreme court, National Post, Abella, Hayes, Joe Mathewson, Justice Issues, Alberta Labour Relations Board


Coffee in the Times of COVID

The COVID-19 pandemic has turned our world upside down. However, new and innovative strategies have emerged to help lawyers reduce stress and improve mental health in these uncertain times of the global crisis. Technology has been a key enabler in supporting people to connect, socialize and engage in dialogue about the impact of the virus in our lives and reminding people that “you are not alone.” A simple gathering for some DIY coffee in a positive virtual environment can stimulate a profound i...
Tags: Law, Canada, Practice Of Law, Canadian Bar Association, COVID, Times Of COVID, MH A Committee


From Discrimination to Systemic Racism: Understanding Societal Construction

INTRODUCTION Recently RCMP Commissioner Brenda Lucki admitted she really didn’t understand the term “systemic racism” and later showed she was correct when she provided an old and obvious example of indirect discrimination as an example of systemic racism. Here I explore the evolution from discrimination to systemic discrimination to systemic racism and why they are different, although related. There’s a lot of talk now about systemic or structural racism: how widespread it is and why it needs t...
Tags: Europe, England, Supreme Court, Law, Minneapolis, Canada, United States, Commission, Quebec, Edward, Black, Cornell University, Alley, Ontario, McIntyre, RCMP


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 .Family LLB 2. ABlawg.ca 3. RT Blog 4. Canadian Securities Law 5. BC Injury Law Blog Family LLB What is the Cheapest Way to Get a Divorce? Let’s be clear, a “divorce” is simply the ...
Tags: Law, Taiwan, Canada, United States, ICBC, Littlejohn, Financial Supervisory Commission, Monday’s Mix, Ontario Securities Commission, Securities Law, Chauvin, Clavelle, George Floyd, ABlawg ca Supreme Court of Canada, Dana Campbell, Clarence B Warren


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 pour l’appelant, déclaré coupable de meurtre au second degré au terme d’un procès devant jury, car la déclaration incriminante qu’il a fa...
Tags: Law, Canada, Grant, CSC, Sinclair, Stevens, Appel, McCrimmon, Dussault, Summaries Sunday, SOQUIJ, Québec Department of Justice, Patrick Healy Date, Juges Marie France Bich Jean Bouchard


Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca. Current postings on Slaw Jobs (newest first): Freelance Copyeditor (Contract) | Anywhere in Canada (CanLII)
Tags: Law, Canada, Slaw, Friday Jobs Roundup


A Family Lawyer’s Role Is (Not) to Minimize Conflict

Do family law lawyers have an obligation to minimize conflict? It seems obvious that given the stakes involved in family law matters, especially where there is family violence or children, that a lawyer’s role ought to include minimizing conflict; however, that idea is not as straightforward as it sounds. A family lawyer does have an obligation to advise her client on the impact of actions that inflate conflict; but a lawyer’s role properly understood, does not include an objective of minimizing...
Tags: Justice, Law, Canada, Fidelity, Bill, Department Of Justice, Jackson, Princeton University Press, Princeton, Kennedy, Legal Ethics, Churchill, Murray, Manitoba, UBC, Kavanagh


Book Review: LGBTQ2+ Law: Practice Issues and Analysis.

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. LGBTQ2+ Law: Practice Issues and Analysis. Edited by Joanna Radbord. Toronto: Emond, 2020. xxvii, 607 p. Includes table of cases and index. ISBN 978-1-77255-432- 8 (softcover) $136.00; ISBN 978-1-77255-...
Tags: Law, Book Reviews, Canada, Canadian Law Library Review, Canadian Association of Law Libraries, Joanna Radbord, Joanna Radbord Toronto, Radbord


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. Waksdale v. Swegon North America Inc., 2020 ONCA 391 (CanLII) [10] We do not give effect to that submission. An employment agreement must be interpreted as a whole and not on a piecemeal basis. The correct analytical approach is to determine whether the termination provisions in an emplo...
Tags: Law, Court, Canada, Council, R, Antic, Boulet, FCR, Wednesday: What's Hot on CanLII, Binet, Tsleil Waututh Nation, Waksdale, Swegon North America Inc, Gitxaala, Supreme Court Check


Canada risks being outplayed in feud over citizens jailed in China

Ottawa’s refusal to swap Huawei’s Meng Wanzhou for detainees Michael Kovrig and Michael Spavor means it faces some hard choicesFor more than 560 days, comforted only by a small collection of books and meals of boiled rice in Chinese jail cells, two Canadians have become the centre of a prolonged feud that has pitted the two countries – exercising starkly different concepts of justice – against each other. With the crisis deepening, former diplomats, activists and family members have questioned C...
Tags: Law, China, Americas, International Trade, World news, US news, Canada, United States, Huawei, Ottawa, Justin Trudeau, Michael Spavor, Michael Kovrig, Meng Wanzhou


Platforms, Content and Duplication

As we continue to develop CanLII as a content platform and start to work more on developing original content, I have been thinking about the tension between platforms which gain value from lots of content, and organizations that create content as their primary value proposition. The observation may be trite, but to illustrate my point using more general examples, Google and Facebook are examples of platforms that gain from having additional volume while devaluing each individual piece of content...
Tags: Google, Facebook, Law, Canada, Thomson Reuters, Legal Information, Legal Publishing, Xavier Beauchamp Tremblay


The Role of the Legal Profession in Promoting Democracy

Much time, effort and funding has been devoted in recent years to trying to increase access to the legal system. At the same time, there has been a movement to “de-expert” or diminish the expertise of lawyers, as is true of many areas of life (everyone can be a journalist, everyone can become famous on social media, educators rely on what their students say they should teach, sometimes I think anyone can become a successful singer, at least to my tone deaf ear), even if not all (not everyone can...
Tags: UK, Law, Canada, Practice Of Law, Justice Issues, Gladue, Millen, Roy Millen


“You… Are Your Brothers’ and Sisters’ Keepers”: Now Is the Time to Move From Words to Deeds

Reflections on the 19 June 2020 UN Human Rights Council resolution on systemic racism, police brutality, and unlawful suppression of peaceful protest. “Black Lives Matter. Indigenous Lives Matter. The lives of people of colour matter.” – Michelle Bachelet, UN High Commissioner for Human Rights, 17 June 2020 The brutal torture and murder of an unarmed Black man, George Floyd, in the United States (US) on 25 May 2020 has sparked global outrage about systemic racism and impunity for police violence...
Tags: Minnesota, Law, Time, US, Toronto, America, First Nations, Canada, New Brunswick, Aclu, United Nations, Un, Indigenous Peoples, Council, British Columbia, Alberta


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. Le Blogue du CRL 2. Family Health Law Blog 3. First Reference 4. Paw & Order 5. Double Aspect Le Blogue du CRL Sélection SOQUIJ – Proulx et Gagnon ADMINISTRATIF (DROIT): Le Conseil...
Tags: Law, Senate, Canada, Northwest Territories, Jessica, Gagnon, Monday’s Mix, CRL, Le Blogue, Ottawa Law Review, Double Aspect Le Blogue, Jessica Scott Reid Camille, Jessica Scott Reid Canada, Double Aspect Immuring Dicey, Immuring Dicey


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 notamment pour les motifs suivants: l’exclusion apparente par le juge des infractions d’avoir conduit avec les facultés affaiblies et de ...
Tags: Law, Canada, Appel, Summaries Sunday, SOQUIJ, Québec Department of Justice


The Wheels of Justice in Exceptional Cases

Despite the pandemic, the wheels of justice continue to turn. With several hearings continuing to occur remotely due to social distancing protocols, the Ontario Court of Justice announced they are scheduled to resume in-person hearings on July 6, 2020. The incremental plan includes the use of limited courtrooms for all trials and preliminary inquiries involving accused persons who are in custody and who are out of custody. All participants in a trial or preliminary inquiry, including the accused...
Tags: Law, Court, Canada, Jordan, Durham, Abella, Supreme Court of Canada, Cody, Morin, Cromwell, This Court, Justice Issues, Substantive Law: Judicial Decisions, Ontario Court of Justice, Jordan Cody, Brown JJ


Invention of a Slave and the Ongoing Movement For Equal Justice

by Dennis Crouch The Black Lives Matter movement, ongoing protests, and statements of alliance have given me new hope that our society and its institutions are ready to take another step toward equal justice. In 1857, the US Supreme Court decided Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857) and affirmed what various state courts had previously decided — that under the law, free (non-enslaved) black and brown people were not United States Citizens. [A]s long ago as 1822, the Court of App...
Tags: Law, US, Chicago, Canada, United States, Missouri, Jim Crow, Patent, Columbia, US supreme court, State, Scott, Stan, Swanson, US Patent Office, The Black Lives Matter


Friday Jobs Roundup

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca. Current postings on Slaw Jobs (newest first): Freelance Copyeditor (Contract) | Anywhere in Canada (CanLII) Managing Director (Full-time) | Toronto, ON (Legal Inf...
Tags: Law, Canada, Slaw, Friday Jobs Roundup


Collective Licenses Under Copyright Are Not Mandatory

The Canadian Copyright Licensing Agency (Access Copyright) is a copyright collective meaning that it manages certain rights on behalf of copyright holders. Importantly Access Copyright does not itself hold any of the copyrights that it manages. York University (York) is Canada’s third-largest university with over 50,000 students and approximately 1,500 full-time faculty members. York had a license to use some of the works licensed by Access Copyright from 1994 to 2010. Access Copyright applied t...
Tags: Supreme Court, Law, Court, University, Canada, Court of appeal, Intellectual Property, Alberta, Bell, York, Board, Federal Court, Abella, Rothstein, Bell Canada, Federal Court of Appeal


China charges two detained Canadians with alleged espionage

Spying charges against former diplomat and businessman are seen as retaliation for Canadian arrest of Chinese telco chiefChinese prosecutors have charged two detained Canadians for alleged espionage, in a case that has driven a diplomatic wedge between Ottawa and Beijing.Former diplomat Michael Kovrig and businessman Michael Spavor were arrested in late 2018 on state security charges, after Canadian authorities arrested Huawei Technologies Co’s chief financial officer, Meng Wanzhou, in Vancouver...
Tags: Law, China, Americas, US, World news, Canada, Asia Pacific, Vancouver, Espionage, Extradition, Ottawa, Huawei Technologies Co, Michael Spavor, Michael Kovrig, Meng Wanzhou, Beijing Former


Zooming in on the Importance of Upholding Legal Values in Virtual Trials

The current COVID-19 pandemic has forced us to move many of our daily activities online. Trials have been no exception to this transformation, relying on platforms such as Zoom to give people their day in court (to be clear, Zoom is not the only platform to have been used by the courts, but, according to a survey done by Norton Rose Fulbright, it seems to be one of the most prevalent). As demonstrated by some of the cases that have gone forward in this fashion, the use of videoconferencing in co...
Tags: Florida, Justice, Law, Canada, Zoom, Bailey, Lawrence Lessig, Norton Rose Fulbright, Joel Reidenberg, Dispute Resolution, Jane Bailey, Amy Salyzyn, Internet Registration Authority, Dennis Bailey, David Tait, Giampiero Lupo


Are The New Canadian Surrogacy Rules Good Or Bad, Eh?

The guidance document was generally positive to clarify certain matters, but it did not address a bigger issue.
Tags: Law, Canada, Family law, Ellen Trachman, Assisted Reproductive Technology (ART


Should the Government Grant Immunity From Civil Lawsuits Related to COVID-19?

The Ontario government is considering granting immunity from civil lawsuits related to COVID-19. Other jurisdictions have already done so to varying degrees. In New York, Governor Cuomo signed legislation immunizing health care providers for medical decisions that they make in the course of treating victims of the pandemic. (Reported in the New York Times.) Similarly, in British Columbia, the government has shielded essential service providers from liability for damages relating to COVID-19. Imm...
Tags: New York, Law, Canada, New York Times, British Columbia, Cuomo, Ticketmaster, Ontario, Cbc, Richard Susskind, McConnell, Susskind, Justice Issues, Thomson Rogers, COVID-19, Donna Duncan


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. Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2020 ABQB 359 (CanLII) [1] The applicant contests his ouster as president of the respondent organization. He applied, unsuccessfully, for an interim injunction reinstating him. As part of the “no injunction” order, I directed the parties...
Tags: Law, Canada, Charles, British Columbia, Baker, Alberta, SCC, Sandhu, Wednesday: What's Hot on CanLII, L'Heureux Dubé, Ville de Montréal, Siri Guru Nanak Sikh Gurdwara


Admissions Season Reflections

This spring, I read 200 applications from people who want to study law at the University of Windsor. Our law school, like every other in Ontario, receives more than eight applications for each available place in first year. Across the province, there are roughly 4300 applicants for 1600 spots. The figures are comparable across the country; Canada still has among the fewest law school spots per capita in the developed world. Those of us on admissions committees must rank applicants on the basis o...
Tags: England, Law, Australia, France, Canada, Legal Ethics, Ontario, Ryerson, City University of New York, Legal Education, Queen 's Park, Windsor Law, University of Windsor Our


Connecting Public and Private Legal Information

In a recent post Ivan Mokanov presented Lexum’s vision of providing Knowledge Management as a Service to the legal community. It is true that until now KM in the legal sector has been closely associated with expensive enterprise software only at the reach of law firms of a certain size. However, it is our belief that the infrastructure we developed for legal publishing can also be leveraged by lawyers for making the most out of the information they produce and store internally. That is why we re...
Tags: Law, Canada, Knowledge Management, Lexbox, Legal Publishing, Lexum, Private Legal Information, Ivan Mokanov, Lexbox Premium


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 Factum 2. David Whelan 3. Condo Adviser 4. Le Blogue du CRL 5. NSRLP The Factum Legal Services Society becomes Legal Aid BC If you’ve been to our website lately or followed us ...
Tags: Law, Canada, Chris, Ontario, Judicial Council, Christie Blatchford, Monday’s Mix, Legal Services Society, CRL, David Whelan, Le Blogue, NSRLP, Ludmer, Factum Legal Services Society, Chris Budgell


Words, and Black Lives, Matter

In 1977, the Supreme Court of Canada heard the case of Smithers v. R., where two young hockey players who got into it, in and outside of the rink. In the brief altercation that ensued, one of the players died. The other player was charged and convicted of manslaughter. The accused appealed unsuccessfully around the cause of death, which was due to asphyxiation. However, this was not due to any choking, but either the aspiration of foreign materials due to vomiting, and a malfunction of the epigl...
Tags: Law, Court, Bloomberg, Canada, United States, Black, Supreme Court of Canada, Mississauga, Ontario Court of Appeal, R, Smithers, Justice Issues, Substantive Law: Judicial Decisions, Cobby, Court in R, Harbottle


Patently-O Bits and Bytes by Juvan Bonni

Recent Headlines in the IP World: Atty. Teresa A. Reguly , Atty. Eileen McMahon, Atty. Andrew Shaughnessy,Atty. Yael Bienenstock, and Atty. Andrew Bernstein: Pause On PMPRB Reform: Implementation Of New Pricing Regulations Delayed To 2021 (Source: Mondaq) Atty. Pablo Tseng: The Admissibility of Patent Prosecution History as Evidence in Canada (Source: McMillan) Ian Lopez: Patent Office Aggregates Covid-19 Information on its Site (Source: Bloomberg Law) Dev Kundaliya: Apple Patent Application...
Tags: Law, Canada, Uspto, Patent, Stephen Key, Andrew Bernstein, Bits and Bytes, Juvan Bonni, Legal Solutions, Eileen McMahon, Andrew Shaughnessy, Yael Bienenstock, Mondaq Atty Pablo Tseng, McMillan Ian Lopez, Bloomberg Law Dev Kundaliya, Forbes Prof Craig Allen Nard



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