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Monday, June 26, 2017 @ 09:00 AM

It’s time to re-evaluate the jury system | Michael Spratt

Criminal trials are high stakes affairs. Unlike civil disputes criminal trials are not merely monetary. In criminal trials the defendants’ liberty and freedom hang in the balance. To lose a serious criminal trial means jail – confinement in a dirty, violent, and punitive Dickensian hellhole. Monetary damages can be reversed, property losses can be compensated but a wrongful incarceration is a scar that never heals. So when it comes to criminal trials — especially involving serious allegations — we better get it right. So, for the most serious criminal matters who does our justice system trust to get it right? ... [read more]

Thursday, June 22, 2017 @ 01:43 PM

The Headhunter: Common pitfalls when evaluating your next move | Warren Smith

Taking on a new position is never an easy decision — there is invariably stress around trying to assess if the role is the right fit, whether the new environment will ultimately be a match, while also facing the potential stress of leaving colleagues and a once familiar environment behind. ... [read more]

Thursday, June 22, 2017 @ 08:39 AM

Efforts to cool hot housing markets target 'foreigners' instead of speculators | Julius Melnitzer

In an era where anti-immigration policies are picking up steam, “foreign” is a dangerous word. And therein lies the problems with the Ontario and British Columbia measures that impose additional taxes on non-residents buying residential property in the Toronto and Vancouver regions. ... [read more]

Wednesday, June 21, 2017 @ 01:29 PM

Why is Trudeau government opposing Charter equality for Indigenous women? | Pamela Palmater

Shortly after Confederation, the federal government used its jurisdictional powers over “Indians and lands reserved for the Indians” in s. 91(24) of the Constitution Act 1867, to enact the Indian Act, 1876 – making it nearly as old as “Canada” itself. For well over a hundred years, the Indian Act has included provisions intended to legislate Indians out of existence — a form of forced assimilation — that primarily targeted Indigenous women and their descendants for enfranchisement (loss of status as an “Indian” and removal from the reserve as a member). ... [read more]

Monday, June 19, 2017 @ 11:50 AM

Cody v. The Queen – read my lips | Richard Pound

The Supreme Court of Canada administered what might well fall between a remedial reading session and a spanking in its unanimous judgment in Cody v. Her Majesty the Queen. The judgment was issued in the name of the court, within weeks of the hearing. The bench included judges who had dissented in the Jordan appeal. ... [read more]

Monday, June 19, 2017 @ 08:37 AM

Alcohol, memory and reasonable doubt | Timothy Moore and Julianna Greenspan

While our memories are quite accurate most of the time, cognitive science has demonstrated that memory errors are not uncommon.  When mistakes occur, they can be large, undetectable, subjectively compelling and reported with as much conviction as genuine memories.   ... [read more]

Thursday, June 15, 2017 @ 01:17 PM

The Coach: Generating additional work from current clients | Gary Mitchell

You’ve likely heard the expression “low hanging fruit.” Well your current and sometimes recent clients are just that. When you are looking to expand and grow your practice, I highly recommend you start with the people you already know. As you are likely aware, business development really boils down to relationships. So when you already have close and trusted relationships, you are already at least halfway there. ... [read more]

Thursday, June 15, 2017 @ 08:43 AM

Wellness: Does the Law Society Tribunal have a duty to accommodate? | Darryl Singer

Those who practise in the areas of human rights law and employment law are familiar with the concept of “duty to accommodate.” At the intersection of employment legislation and the Ontario Human Rights Code, employers have long been held to have a duty to accommodate an employee with disability. Addiction and mental health issues are deemed disabilities. ... [read more]

Monday, June 12, 2017 @ 08:29 AM

Access to Justice: Judicial resolutions a call to action, but tough questions will follow | Thomas Cromwell

Sometimes symbolic gestures are meaningful. And sometimes they are even important. The recent resolutions by the leaders of the Canadian judiciary concerning access to justice are both. ... [read more]

Friday, June 09, 2017 @ 03:24 PM

Leaving a law firm gracefully | Warren Bongard

Law used to be a calling. Then it became a profession. Now it is a business. ... [read more]