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What the Pandemic Has Taught Us About Law: Part 2

In my last Slaw post (January 12, 2021), the first of two parts, I discussed the characteristics necessary for law to be accepted and effective. Here I consider some of the laws — the legislation, the regulations, orders and, although not law, intended to have a similar impact, advice or recommendations — that have been imposed during the pandemic. I’m focusing on Ontario, although I refer to developments elsewhere. Even so, my discussion is not meant to be exhaustive, but to illustrate laws ena...
Tags: Justice, Law, Australia, Washington Post, Court, Toronto, Walmart, Taiwan, Canada, Atlantic, New Brunswick, United States, New Zealand, World Health Organization, Montreal, Kent


Canada: Litigating In New Brunswick - Cox & Palmer

New Brunswick has a population of about 770,386 ranking it the third smallest province in Canada. It covers 28,355 square miles, the approximate equivalent of New Jersey, New Hampshire and Vermont combined.
Tags: News, Canada, New Brunswick, Palmer, Vermont, New Jersey New Hampshire, Litigating In New Brunswick Cox


Alcoholic Employee Accommodated to the Limit of Undue Hardship

By Daniel Standing LL.B., Editor, First Reference Inc. The recent New Brunswick labour arbitration decision in Unifor, Local 907 and J.B. v Irving Paper Limited, 2020 CanLII 38613 (NB LA) tells the unfortunate tale of an alcoholic’s losing battle to overcome his addiction and losing his job in the process. The decision provides helpful insights into how far an employer can or should go in accommodating this disability. The decision will be of particular interest to employers who operate safety-...
Tags: Law, New Brunswick, Irving, Daniel, Supreme Court of Canada, Substantive Law: Judicial Decisions, Case Comment, Substantive Law, J B, Editor First Reference Inc, NB LA, Irving Paper


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. Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 [1] This appeal and its companion cases (see Bell Canada v. Canada (Attorney General), 2019 SCC 66 (CanLII)), provide this Court with an opportunity to re-examine its approach to judicial review of administrative de...
Tags: Law, Immigration, Court, Canada, New Brunswick, Alberta, Dunsmuir, MacLean, SCC, Bell Canada, Wednesday: What's Hot on CanLII, Ontario Inc, Pet Valu Canada Inc, ABQB, Imperial Tobacco Canada, Altius Royalty Corporation


Canada: activists sue province over refusal to fund abortions in private clinics

Lawsuit argues that New Brunswick’s refusal violates both the law and the Charter of Rights and FreedomsHuman rights activists in Canada have against the province of New Brunswick for its refusal to fund abortion services in private clinics – as they are in the rest of the country.The lawsuit suit filed on Thursday by the Canadian Civil Liberties Association (CCLA) argues that the refusal violates both the law and the Charter of Rights and Freedoms – Canada’s constitution. Continue reading...
Tags: Health, Women, Americas, World news, Canada, New Brunswick, Abortion, Canadian Civil Liberties Association CCLA


Is It Time to Regulate Collaborative Practice?

Collaborative practice is a dispute resolution process that is primarily used in family law, and it is currently unregulated in Canada. The forthcoming amendments to the Divorce Act include collaborative practice as a “family dispute resolution process” that a lawyer ought to “encourage” her client to consider, where “appropriate”. This suggests to me that a process that has for the last 30 years has been largely community-based, has finally come into its own – into the federal scope of the Divo...
Tags: Minnesota, Law, California, US, Toronto, Canada, New Brunswick, Court of appeal, Department Of Justice, Alberta, Legal Ethics, Ucla, Cpc, Cfl, Ontario, Webb


Bruce Springsteen sends season's greetings to State Theatre in New Brunswick

Did you see Bruce Springsteen at the State Theatre in New Brunswick on Dec. 6, 1974?          [Author: Asbury Park Press]
Tags: Bruce Springsteen, Religion, New Brunswick, Asbury Park Press


Top Ten Accessed Cases on CanLII From 2020

Reaching December means that it’s time to look at the year in review and share what most interested you in the preceding twelve months through the lens of what court decisions you were all reading. 2020 feels like it’s been a year like no other, but there are things that have been constant and Canadians accessing case law via CanLII has been one of them. That said, there are four current cases on the top ten list this year, compared to three in 2019, and none in 2018. It seems this is because of...
Tags: Law, Canada, New Brunswick, Jordan, Announcements, Dunsmuir, Wright, Sullivan, Uber Technologies Inc, R, SCC, Heller, Sharma, Araya, Ribeiro, Friesen


Canada: Auto Insurance Changes In Alberta: What You Need To Know About Bill 41 - CLC (Canadian Litigation Counsel)

This definition is similar to Ontario's and New Brunswick's except that Bill 41 includes psychological injuries.
Tags: News, Canada, New Brunswick, Bill, Alberta, Ontario, CLC


New Brunswick outbreak: How a smalltown doctor became a Covid pariah

After being labelled "patient-zero", a small-town physician in Canada was shunned.
Tags: News, Canada, New Brunswick


Amani Al-Khatahtbeh, Muslim media figure, says she was singled out after arrest at Newark Airport

Amani Al-Khatahtbeh, a New Brunswick native, was booted from an American Airlines plane at after a white male filed a complaint against her.
Tags: News, New Brunswick, American Airlines, Newark Airport, Amani al Khatahtbeh, Amani Al Khatahtbeh Muslim


Canada: New Brunswick Immigration Creates Specific PR Pathway For Transport Truck Drivers (NOC 7511) - Immigration.ca

October 14, 2020 - New Brunswick has created a new immigration pathway for truck drivers under the existing New Brunswick Provincial Nominee Program skilled worker stream.
Tags: News, Canada, New Brunswick, New Brunswick Provincial Nominee Program


Johnson & Johnson’s COVID-19 vaccine trial paused after participant’s ‘unexplained illness’

NEW BRUNSWICK, N.J. (AP) — A late-stage study of Johnson & Johnson’s COVID-19 vaccine candidate has been paused while the company...
Tags: New Brunswick, Johnson, N J AP, Johnson Johnson


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. R. v. Doering, 2020 ONSC 5618 (CanLII) [48] The value of human life and the corresponding right of citizens to protection from harm, are entitlements attaching to all citizens, including those who suffer personal challenges, such as drug addiction. I acknowledge, as I did in my reasons f...
Tags: Law, Court, Canada, New Brunswick, Dunsmuir, R, FCA Canada, Doering, Wednesday: What's Hot on CanLII, Maginnis, QCCDPHA, Magnaye


Gospel stars headed to New Brunswick to honor the late Chequita Lumzy of Lumzy Sisters

The second annual  A Special Musical Tribute to Chequita Lumzy is schduled for Sunday, Sept. 27 at Boyd Park on Route 18 in New Brunswick          [Author: Asbury Park Press]
Tags: Religion, New Brunswick, Asbury Park Press, Chequita Lumzy, Boyd Park


2 killed, 6 seriously injured in New Jersey shooting near Rutgers University campus

The shooting, which took place in New Brunswick near the Rutgers University campus, has no affiliation with the school or its students, police said.         [Author: Bridgewater Courier News]
Tags: News, New Brunswick, New Jersey, Rutgers University, Bridgewater Courier News


Shooting Near Rutgers University Leaves 2 Dead, 6 Wounded: Police

The incident in a New Brunswick neighborhood is not believed to be related to the university or its students.
Tags: News, New Brunswick, Dead, Rutgers University Leaves


When Law Doesn’t Work: Outlier Theory

When I was articling, eons ago, I came across a judge who smoked in court, made off-hand comments affecting his decisions without any evidentiary basis (“everyone knows what a second hand Lincoln costs”) and made sexist comments towards me (“bring this young lady into my chambers”). He was well-known in the particular legal community (I was merely “visiting” on a discovery issue) and no one thought there was a way to contain him. Indeed, as I sat in the courtroom waiting my turn, I was warned ab...
Tags: Law, Miscellaneous, Toronto, New Brunswick, Hillary Clinton, United States, Lincoln, Donald Trump, Cbc, Trump, Merriam Webster, Electoral College, Judicial Council Few


The ATA in the Age of Vavilov

Eight months and a pandemic ago, the Supreme Court of Canada released the Vavilov trilogy (Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65). While Vavilov may have introduced a significant change in how the standard of revie is determined, it confirmed that there remain only two standards: correctness and reasonableness. However, in British Columbia, the third standard of reasonableness simpliciter remains fossilized through the provisions of the Administrative Tribunals...
Tags: Law, Immigration, Canada, New Brunswick, British Columbia, Administrative Law, Guevara, Louie, Dunsmuir, Unifor, Supreme Court of Canada, Patton, New Caledonia, Fla, ATA, RJR


Sexagenarian Firefighter Forced to Hang Up Hose

Written by Daniel Standing LL.B., Editor, First Reference Inc. In many cases, the choice of when to retire is based on a variety of factors, including lifestyle, priorities and other circumstances. Sometimes the decision to stop working is an easy one, while others prefer to continue working as long as possible. But what happens when an employee’s retirement is not a choice but is a requirement of his or her pension plan? Is it discriminatory? This issue came before the Human Rights Tribunal of...
Tags: Supreme Court, Law, Canada, New Brunswick, Employment law, Age Discrimination, British Columbia, Edward, Alberta, Calgary, Tribunal, Potash, Manitoba, Nilsson, Daniel, Aziz


Canada: Temporary Restrictions Slapped On Immigration To Atlantic Canadian Province To Protect Canadians' Jobs In Post-Covid World - Immigration.ca

August 10, 2020 - Foreign nationals wanting to move to the Atlantic Canadian province of New Brunswick are facing new, temporary restrictions as the provincial government there tries to protect the job prospects of Canadians.
Tags: News, Canada, Atlantic, New Brunswick


Rutgers University adjusts grammar rules in solidarity with Black Lives Matter​

Rutgers University's English department is instituting anti-racist policies, workshops, and initiatives in solidarity with Black Lives Matter. Linguistic diversity and less emphasis on "traditional" grammar will be honored across the department's courses. Jonathan Holloway, the college's first Black president, said the school name will not change despite slaves having built the original institution. Last week, New Jersey became the latest state to establish Juneteenth as a holiday. Support for...
Tags: Europe, Education, Identity, America, Teaching, New Brunswick, Language, New Jersey, Innovation, Camden, Colleges, Newark, Black Lives Matter, Black, Derek, Babylon


No new cases of COVID-19 for 10th straight day in New Brunswick

It's been 10 days since New Brunswick has recorded a new case of COVID-19.According to the government website, only two active cases of the respiratory virus now remain. Public Health has reported 170 confirmed cases of COVID-19 since the first case was confirmed March 12.Since the first presumptive case was announced March 11, the province has reported 166 recoveries. Two people have died.On Wednesday, 361 COVID-19 tests were performed, bringing the total to 52,153 so far across the provin...
Tags: Health, News, Public Health, New Brunswick, COVID


The latest numbers on COVID-19 in Canada for Saturday, July 18

The latest numbers of confirmed COVID-19 cases in Canada as of 5:56 p.m. on July 18, 2020:There are 109,999 confirmed cases in Canada._ Quebec: 57,300 confirmed (including 5,654 deaths, 50,027 resolved)_ Ontario: 37,440 confirmed (including 2,748 deaths, 33,294 resolved)_ Alberta: 9,219 confirmed (including 167 deaths, 8,193 resolved)_ British Columbia: 3,198 confirmed (including 189 deaths, 2,802 resolved)_ Nova Scotia: 1,067 confirmed (including 63 deaths, 1,002 resolved)_ Saskatchewan: 941 co...
Tags: News, Canada, New Brunswick, Newfoundland, Alberta, Columbia, Saskatchewan, Ontario, Manitoba, The Canadian Press, Labrador, Edward Island


Mummichog.

In David Quammen’s NYRB review (Nov. 8, 2018) of Darwin Comes to Town: How the Urban Jungle Drives Evolution, by Menno Schilthuizen, he writes: And then there’s a humble little fish called the mummichog (Fundulus heteroclitus), a bottom-wallowing native of brackish waters along the Eastern Seaboard, including big urban ports such as Bridgeport, Connecticut, that are silted up with decades of toxic chemicals such as PCBs and other industrial waste. A genetic study of Bridgeport’s mummichogs, Schi...
Tags: New York, Uncategorized, America, New Brunswick, Linguistics, North America, Darwin, Gulf, Bridgeport, Eastern Seaboard, Perley, NYRB, Bridgeport Connecticut, David Quammen, Royal Society of London, Menno Schilthuizen


The inside story of the downfall of Civilized, a cannabis media startup that raised $7 million, then had to shut down after a takeover offer fell through

Civilized Worldwide, a cannabis media startup, raised $7 million to create the "premium lifestyle and media brand" for cannabis consumers around the globe. With investments from high-profile backers like the comedian and author Chelsea Handler and Canopy Rivers, the venture arm of Canopy Growth, Civilized and its husband-and-wife founders were soaring as cannabis legalization looked poised to sweep the US a few years ago. But after a series of layoffs and business pivots, as well as a failed t...
Tags: Facebook, Colorado, California, Martha Stewart, US, Los Angeles, Trends, Netflix, Canada, New Brunswick, Washington Dc, John, Eaze, Business Insider, Cbc, Derek


Chantel Moore's family calls for removal of officer who killed her

It's been four weeks and a day since Martha Martin received the call telling her that her daughter, Chantel Moore, had been shot dead by a police officer.On Friday, Martin stood outside the Edmundston Police Force headquarters with her daughter's ashes, expressing her outrage that the officer has returned to work on a desk-duty basis. "The fact that this guy is still working is appalling," Martin told CBC News. "My daughter's life mattered and it feels like, by them putting him ba...
Tags: News, New Brunswick, Quebec, Bureau, Martin, Moore, CBC News, Vancouver Island, TLA, Edmundston, Letica, Chantel Moore, Edmundston Police Force, Martha Martin, BEIQ, Russ Letica


Atlantic provinces lift travel restrictions within region: traffic heavy

Soon after the four Atlantic provinces lifted travel restrictions within the region early today, heavy cross-border traffic was reported across the Maritimes.Residents of New Brunswick, Nova Scotia, Newfoundland and Labrador and Prince Edward Island can now travel to any of the other three provinces without self-isolating for 14 days after arriving.Video footage from the Confederation Bridge showed a steady stream of vehicles heading to the Island after midnight when the restrictions were lifted...
Tags: News, Lifestyle, Canada, Atlantic, New Brunswick, Newfoundland, Island, Nova Scotia, The Canadian Press, Labrador, Prince Edward Island, Confederation Bridge, Dennis King, New Brunswick Nova Scotia Newfoundland


Traffic lineups grow at Atlantic borders as COVID-19 bubble opens

Atlantic Canadians are now free to travel among Canda's four eastern provinces without self-isolating to reduce the risk of coronavirus transmission, but that doesn't mean the process is easy.The so-called Atlantic bubble opened one minute after midnight AT as part of easing of COVID-19 pandemic restrictions. Travellers still had to wait to go through checkpoints, however. P.E.I. public safety officials reported 300 to 400 vehicles crossed into P.E.I. over the Confederation Bridge with...
Tags: Science, News, Atlantic, New Brunswick, Newfoundland, Labrador, Atlantic Canada, Confederation Bridge, Nova Scotia New Brunswick, Canda, COVID, Confederation Bridge Each


Things to do at Harrison Hot Springs with kids in the summer

Harrison Hot Springs with kids Located on the shores of Harrison Lake and surrounded by evergreen mountains, the quaint Village of Harrison Hot Springs in British Columbia is a perfect family getaway for Vancouverites. We’ve known about it for years (it’s a recommended day trip from Vancouver), however, this was our first time visiting Harrison Hot Springs with kids. As I reflect on our 4 day trip to Harrison Hot Springs, I’m questioning why it took so long for us to visit? I’m not sure what ...
Tags: Travel, Canada, New Brunswick, Vancouver, Whistler, British Columbia, Sasquatch, Lake, Niagara Falls, Travel Stories, Beautiful Bc Series, Trip Ideas, Morgan, Don, Langley, Fraser River