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The Friday Brief

The Friday Brief: Managing Editor’s must-read items from this week

Friday, April 27, 2018 @ 3:28 PM | By Matthew Grace

Matthew Grace %>
Matthew Grace
Here are my picks for the top stories we published this week.

Federal lawyers’ union says low pay contributing to ‘crisis’ in hiring, retention, court delays and stayed prosecutions
The union leader representing 2,600 federal government lawyers says Ottawa’s persistent failure to pay competitive compensation is contributing to lacklustre lawyer recruitment, and severe staff shortages in major cities across the country — as well as to court delays and criminal charges being stayed for violating the Supreme Court’s speedy trial deadlines.

SCC should face ‘unfinished business,’ clarify murky law of judicial review: litigator
The Supreme Court’s post-Dunsmuir efforts to clarify the litigious area of judicial review are doomed unless the judges start to hash out the underlying core policy question they face — namely what is the proper role of the courts in overseeing administrative action?

Lawyer sees benefits, drawbacks to Canada’s new strategy on intellectual property
Canada’s new Intellectual Property Strategy will mean speedier justice at the Federal Court and better advice from IP legal clinics, but falls short in helping innovators in remote areas and victims of “patent trolls,” says a lawyer.

Reducing police shootings and the lessons of Const. Ken Lam
In their column, Anthony Doob and Rosemary Gartner write: “Police shootings are perhaps more associated with the United States than with Canada. But on April 23, the police shooting story was about the Toronto police officer who did not shoot the suspect charged with multiple murders and attempted murders on Yonge Street in Toronto.”

Is a plea of nolo contendere available in Canada?
In his analysis article, Tyler Smith writes: “The quick answer is that a plea of nolo contendere is not permitted by the Criminal Code. A review of the jurisprudence, however, establishes that a very similar procedure is available to accused in Canada. One just must be careful not to call it nolo contendere and the proper procedure must be followed.”

Matthew Grace is the Managing Editor of The Lawyer’s Daily.