Posts filtered by tags: Alice Woolley[x]


 

Why Do We Regulate Lawyers?

This is my first legal ethics column for Slaw. I am delighted and honoured to be taking the place of my former colleague, mentor, and all-around legal ethics and regulation rock star, Malcolm Mercer, who recently assumed the role of Chair of Ontario’s Law Society Tribunal. In the coming months and beyond, I look forward to using this space to consider rules of professional conduct and discipline; governance issues in lawyer regulation; legal education and training; and the future of legal servic...
Tags: Law, Society, Alberta, Legal Ethics, Columbia, Saskatchewan, Ontario, Law Society, Malcolm, Gillian Hadfield, Alice Woolley, Malcolm Mercer, Lisa Trabucco, Ontario The Society, Michael J Trebilcock, Professional Organization Committee Ministry


Revisiting R v. S. (R.D.), 1997: A Case About a Black Judge on “Trial” for Acquitting a Black Boy

“It wasn’t that long ago in Canada when our justice system put a Black judge on trial for acquitting a Black boy of allegedly running his bike into an officer’s leg – her offence? Speaking truth to power by stating that sometimes police over-react when dealing with Black youth.” – Professor Daniel Tanovich @dtanovich  In R v S. (R.D.), 1997 CanLII 324 (SCC), R.D.S. was a young person accused of assaulting a police officer. At trial, the testimonies of the police officer and the accused differed ...
Tags: Case Comment, Anti-black Racism, Daniel Tanovich, Impartiality, Judicial Bias, R v S. (R.D


Reporting Sexual Harassment: A New Professional Duty for Lawyers?

Sexual harassment in the legal profession is a serious problem. Anecdotal accounts abound, and empirical data reveals sexual harassment among lawyers to be a significant issue.[1] While the experiences of those subjected to sexual harassment are diverse, there is no doubt that, collectively, the impact on the wellbeing and careers of victims is profound.[2] Professional conduct rules explicitly prohibiting sexual harassment have been in place for roughly 30 years. The enforcement of these rules ...
Tags: Law, Canada, New Zealand, Nova Scotia, British Columbia, Legal Ethics, Craig, Columbia, Downie, Semple, Noel Semple, Alice Woolley, Elaine Craig, Erin Cowling, Shawna Sparrow, New Zealand Working Group


A Lawyer’s Duty to (Sometimes) Report a Child in Need of Protection

Everyone has an obligation to report when they have reason to believe that a child is in need of protection, including lawyers – except where that information is protected by solicitor-client privilege. If the information is confidential a lawyer is required to report it just like anyone else; but if the information is protected by solicitor-client privilege, a lawyer can only report it pursuant to an exception. The future harm exception provides a lawyer with the discretion to disclose a limite...
Tags: Supreme Court, Law, Newfoundland, Nova Scotia, Smith, BC, Alberta, Legal Ethics, Jones, LexisNexis, Saskatchewan, Ontario, Manitoba, Supreme Court of Canada, Markham, Blank


Harassment in the Legal Profession: A Few Bad Apples?

Far too many people who work in law firms are subject to harassment by lawyers and paralegals. What, if anything, should our law societies do about this? Much depends on whether one sees the problem as “bad apples,” or as symptomatic of problems with the entire “barrel” which is the legal profession in Canada. “Harassment” is defined by the Ontario Human Rights Code as “a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” Harassment is often (b...
Tags: Law, Canada, Nova Scotia, Globe, Calgary, Legal Ethics, Craig, Ontario Court of Appeal, LSO, Adam Dodek, Downie, DHC, Woolley, Amy Salyzyn, OHRC, Ontario Human Rights Code


Are Canadian Law Societies Ready for the Legal Profession’s Me Too Moment? (Spoiler: Probs Not)

Sexual harassment has happened and is still happening in legal workplaces. This reality, while at one time largely unacknowledged or treated dismissively, is now openly discussed and approached seriously as a problem in need of a solution. The rise of the Me Too movement has given the issue additional prominence over the last year or so. A selection of recent articles and blogs on the subject can be found here, here, and here. One question, however, that has not been given much attention is: how...
Tags: Legal Ethics


Celebrating Alice

In less than 15 years in the legal academy, Alice Woolley accomplished more than many do in an entire career. As she moves onto a new stage in her professional life, this post takes a moment to celebrate Alice for all she’s done for the legal ethics community in Canada and internationally. For those readers who missed the news, on November 21, 2018, the federal Minister of Justice announced that Alice Woolley has been appointed a Justice of the Court of Queen’s Bench of Alberta in Calgary. And s...
Tags: Justice, Law, University, Canada, Calgary, Legal Ethics, Alice, Banff Alberta, Alice Woolley, Lawyer Magazine, Robin Camp, Justice Council, Justice of the Court of Queen 's Bench of Alberta, Canadian Association for Legal Ethics, International Association of Legal Ethics, International Legal Ethics Conference


Self-Represented Parties and Sharp Practice by Counsel – Should We Be Thinking Differently?

War is the means by which nation states have sometimes resolved their differences. Litigation is the means by which people in our society sometimes resolve their differences. In both cases, there is value in prescribing the rules of engagement. As wars between sovereign states have become less common and wars between sovereign states and insurgencies have become more the norm, the traditional rules of war seem to have become less relevant. This is presumably because rules that work to govern com...
Tags: Law, David, Legal Ethics, Davids, Justice Issues, Julie Macfarlane, Amy Salyzyn, Alice Woolley, McLachlin, Groia, The Law Society of Upper Canada, Law Society of Upper Canada 2018 SCC, McKercher LLP, Sharp Practice, University of Windsor In, Court in Canadian National Railway Co


Public Interest Regulation: Governance Reform at the Law Society of Ontario

The Law Society of Ontario (LSO) has launched a call for comments on potential governance reforms. Reform is long overdue. The governance of the LSO is archaic and in no way approximates the structure of a modern, effective board. To its credit, the LSO appears to recognize the problem and is attempting to move towards modernizing its governance. There are currently 90 members of “Convocation” – the archaic name for what is supposed to be a Board of Directors at the LSO. These 90 consist of 45 e...
Tags: Law, Canada, Ontario, Board, Task Force, Law Society, LSO, UK Australia, Jordan Furlong, Practice Of Law, LSUC, Alice Woolley, Law Society of Ontario LSO, Carol Hansell, Hansell Report, Alberta Teachers Association


Let’s Be Clear: The Case for Explicitly Banning Discriminatory Law Schools

Law societies shouldn’t accredit law schools that have discriminatory admissions policies. In my view, this statement has always been morally true. But we now know that this statement is legally true thanks to the Supreme Court of Canada’s decisions in the two recent TWU cases (see, here and here). The Court’s analysis in both cases purportedly proceeded under a “reasonableness” standard of review and, thus, professed not to speak directly to the ultimate correctness of the law societies’ refusa...
Tags: Supreme Court, Law, Court, British Columbia, Aba, Legal Ethics, Columbia, Ontario, Supreme Court of Canada, Federation, Trinity Western University, TWU, Canadian Bar Association, Constance Backhouse, Federation of Law Societies, Federation of Law Societies of Canada


Preliminary Thoughts on Green, Groia and TWU

In the last thirty years, Law Societies have been parties before the Supreme Court of Canada in thirteen cases according to CanLII[i] [ii]. Four of these cases have been decided in the last fifteen months[iii]. While others will delve more deeply into this recent jurisprudence, it is interesting to take a preliminary look at the way that the Court has understood the role, responsibility and jurisdiction of the Law Societies. It is noteworthy that the court has been divided in each of these four ...
Tags: Law, Time, Court, Society, Green, Canada, New Brunswick, British Columbia, Legal Ethics, Black, Alice, Ontario, Dunsmuir, Brown, Ryan, Edwards


Airbnb wrecks travellers’ holiday plans as battle with cities intensifies

Couple say holiday was ruined after site cancelled booking at the last minuteYou have bought your plane tickets and sorted out your accommodation but then, just days before you are about to set off on holiday, Airbnb suddenly cancels your booking with no explanation, wrecking your plans.This is what happened to Surrey couple Roger Ridey and Alice Woolley, who had to scrabble around to rearrange their holiday after Airbnb – the company, not the hosts of the property – pulled the plug on their wee...
Tags: Travel, Europe, Money, San Francisco, UK News, World news, US news, Property, Airbnb, Surrey, Alice Woolley, Roger Ridey


Falling Short on Legal Ethics

I was speaking with someone the other day about whether and to what extent there were any ethical implications of lawyers’ use of artificial intelligence. Those implications could theoretically range from minimum application (in what situations is it effectively malpractice not to use AI) to maximum application (where does a lawyer’s use of AI cross the line by substituting algorithmic outcomes for human judgment). It was all very interesting, and I plan to touch on some of these topics when I j...
Tags: Law, Toronto, Canada, Nova Scotia, CPD, Practice Of Law, Alice Woolley, Malcolm Mercer, MCPD


The Statement of Principles and Inter-Bubble Communication About Racism

There has been significant controversy in Ontario over the new Law Society requirement that every licensee “adopt and to abide by a statement of principles acknowledging their obligation to promote equality, diversity and inclusion generally, and in their behaviour towards colleagues, employees, clients and the public”. The nature of the Statement of Principles controversy Much of the controversy has focused on concern that the requirement compelled expressions of belief and accordingly raised t...
Tags: London, Law, Toronto, Canada, Legal Ethics, Alice, Association, Ontario, National Post, London Ontario, Law Society, Ontario Human Rights Commission, Alice Woolley, Robert Sapolsky, Inter Bubble Communication About Racism, Middlesex Law Association


Cost Disease, the Practice of Law and Access to Justice

How is it that we are such a wealthy society yet services that were once available are no longer available (at least at affordable prices)? Many people, but certainly not all, had help in their homes and farms, even full-time help. Doctors used to make house calls. When I was a child, the milkman[1] made deliveries each day. There used to be people who actually answered telephones in businesses. What we call the “access to justice” problem seems to be similar in nature. We know that the number o...
Tags: Texas, Law, Herb, Princeton, Legal Ethics, Saskatchewan, Lee, Larry Summers, Stephen Dubner, Civil Justice, Tommy Douglas, Baumol, Dubner, University of Miami Law Review, Alice Woolley, William Baumol


Women Know Who the Predators Are

In the past few years, sexual harassment allegations against several high-profile media executives have generated significant discussion, including on social media. Last week’s New York Times story titled “Decades of Sexual Harassment Accusations Against Harvey Weinstein” is no exception. My Twitter feed was alight with comments and commentary moments after the story was published. A couple of tweets in particular grabbed my attention: Every industry has at least one of these powerful creeps. L...
Tags: Law, New York Times, Harvey Weinstein, Legal Ethics, Ontario, Jessica Valenti, Weinstein, Valenti, Law Society of Upper Canada, Woolley, Alice Woolley


Conflicted Regulation in the Public Interest

Fiduciary law deals strictly with conflicts of interest. A fiduciary is not permitted to have an interest that conflicts with the duties owed to their beneficiary unless the conflict and all material facts have been disclosed and consent is obtained Sharbern Holding Inc. v. Vancouver Airport Centre Ltd., 2011 SCC 23. Where a fiduciary benefits without consent, the fiduciary is ordinarily required to disgorge the benefit whether or not the beneficiary’s interests have been compromised. Strother v...
Tags: Law, Canada, Legal Ethics, Ontario, Ford Foundation, Manitoba, Public Interest, Moore, Osler, Law Society, Upper Canada, Christopher Moore, Osgoode Hall, Alice Woolley, Osgoode Hall Law School, Strother


Lawyers Behaving ‘Badly’: Should Lawyers Be Breaking the Rules?

The Faculty of Law at the University of Ottawa is known for its expertise in social justice and in my experience many of my colleagues decided to attend this institution for this reason.[1] When I applied and accepted my offer of admission to the University of Ottawa I did so because I hoped that my professors would provide me with the knowledge and skills that I will need to practice law within a system of laws that is not “always a system of justice”.[2] I have not been disappointed in this...
Tags: Law, Toronto, Canada, UBC, University of Ottawa, Adam Dodek, Justice Issues, University of Toronto Press, Law Society of British Columbia, Osgoode Society, Constance Backhouse, Law Student Week, Alice Woolley, Viola Desmond, Donald Jabour, Jabour


Nasty Women in the Law

Last week, the Women’s March overshadowed Trump’s Inauguration. So what was it about Hillary Clinton that people found so nasty? What was it that triggered such comments like: “such a nasty woman”? And what is it about women lawyers that trigger these attacks? Such as: “Marie Henein is a successful female lawyer at the top of her profession. Total bitch.” In “Nasty Women and the Rule of Law“, Alice Woolley and Elysa Darling analyze this conundrum. They argue that women lawyers face this backlas...
Tags: Law, Hillary Clinton, Trump, Ivanka, Ivanka Trump, Practice Of Law, Marie Henein, Justice Issues, Woolley, Alice Woolley


A Response Based on Alice Woolley’s Important “Defending Rapists”

Dear Alice, I suspect I’m going to regret breaking yet another of my New Year Resolutions so soon in the year but, since none of your CALE colleagues seem inclined to discuss this topic with you, here, I will. But maybe not where and how you expected. I may be a dinosaur. I’m not that much of a dinosaur. You wrote: “Which means that we have to be incredibly clear and careful about articulating and enforcing the ethical boundaries on defence lawyers in sexual assault cases.” I would modify that...
Tags: Google, Law, Toronto, Canada, British Columbia, Alberta, Alice, LexisNexis, Brown, Cale, Baldwin, Supreme Court of Canada, R, SCC, Court of Criminal Appeal, Yogi


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 seventy 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. Lee Akazaki  2. Employment & Human Rights Law in Canada 3. The Factum  4. University of Alberta Faculty of Law Blog  5. National Magazine Blog Lee Akazaki The Trial of Hillary Clinton, the Lawyer...
Tags: Supreme Court, Law, Wikipedia, America, Canada, Hillary Clinton, United States, Brown, Monday’s Mix, University of Toronto Faculty of Law, National Magazine Blog, University of Alberta Faculty of Law Blog, Alice Woolley


The Devil’s Advocate

Gavin MacKenzie, Amy Salyzyn and I participated in August in the Ethics Debate at the Canadian Bar Association Legal Conference. Amy moderated the debate. Gavin and I were the debaters. The topic was Should lawyers have a monopoly on the provision of legal services? I argued for the proposition. Gavin argued against. The general topic was broken up into three separate propositions, each of which was separately debated. My role was to support the first two propositions and to argue against the th...
Tags: England, Law, Australia, Legal Ethics, Alice, University Of Michigan, Ontario, Boston Globe, Gavin, Alice Woolley


Taking Self-Regulation for Granted?

“It is not a right. Self-regulation is very much a privilege.” So declared Premier Christy Clark at the end of June when she announced that the BC government would take over regulation of the real estate industry in that province. As those in BC know, the BC housing market has been on fire over the past year. Potential home buyers face a crisis of affordability. Questionable practices by some real estate agents and a failure to respond by the Real Estate Council of British Columbia (RECBC) fuell...
Tags: Law, Canada, Legal Ethics, Ontario, Clark, Christy Clark, Law Society, Law Society of Upper Canada, Law Society of British Columbia, Amy Salyzyn, Alice Woolley


Thursday Thinkpiece: In Search of the Ethical Lawyer

Each Thursday 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. In Search of the Ethical Lawyer: Stories from the Canadian Legal Profession © 2016 UBC Press. Paperback version will be available online and in bookstores July 1, 2016. Author: Micah Rankin is an Assistant Professor at...
Tags: Law, Canada, Netherlands, British Columbia, Columbia, Ontario, Vernon, UBC, John Diefenbaker, Armstrong, Gerry, McMaster University, Hamilton Ontario, University of Calgary, Kamloops, Southern Ontario


Media and the Law: Where Are the Law Journalists?

Where are the specialized law journalists in Canada? Can you name one? The media has left a gaping hole, leaving lawyers to fill the vacuum, to editorialize on the new cases, and to defend the legal system. We can’t complain. This is our duty. However, in a time, where most people can name all Kardashians but can’t name the nine Supreme Court of Canada judges, we have a problem. Paul Wells writes in In Search of the Ethical Lawyer: Stories from the Canadian Legal Profession, edited by Adam Dode...
Tags: Law, Journalism, Canada, Supreme Court of Canada, Paul Wells, Adam Dodek, Justice Issues, Alice Woolley


Yet Again the Question Is “Where Were the Lawyers?”

Jasminka Kalajdzic recently highlighted a New York Times column entitled Panama Papers Show How Lawyers Can Turn a Blind Eye. The column reported that Ramón Fonseca, one of the founders of the Panamanian firm Mossack Fonseca, “told The New York Times that the lawyers did nothing wrong in helping their clients set up shell companies”. Mr. Fonseca was quoted as saying: We are like a car factory who sells its car to a dealer (a lawyer for example), and he sells it to a lady that hits someone. The f...
Tags: Supreme Court, Law, Toronto, Canada, New York Times, The New York Times, Dublin, Panama, American Bar Association, Aba, Legal Ethics, Ontario, Supreme Court of Canada, Blank, Fonseca, Mossack Fonseca


Professional Responsibility as Reconciliation: Law School and Legal Obligations

An accused has a constitutional right to a fair trial and may raise concerns about race and discrimination if they identify it as an issue in their case. Furthermore, lawyers have an obligation to remind their client of this right. This very issue arose in R v Fraser (Fraser). In Fraser, a white student accused a Black high school teacher of committing “sexual improprieties”. The appellant raised concerns about racial bias both before and during the jury selection, but his lawyer nonetheless ...
Tags: Canada, LexisNexis, Markham, Fraser, R, TRC, University of Manitoba, Adam Dodek, Truth and Reconciliation Commission, Justice Issues, Education & Training: Law Schools, University of Ottawa Faculty of Law, Fraser Fraser, Naomi Sayers, Samantha Peters, Lakehead University