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Tuesday, December 11, 2018 @ 9:09 AM

‘Blanket’ expertise and the standard of review | Heather MacIvor

The holidays came early this year, at least for administrative law aficionados. On Dec. 4-6 the Supreme Court of Canada hosted a three-day feast of submissions on the standard of review. It was brunch, really, since the sittings ended at midday. But what a menu! Legislative intent, statutory interpretation and the rule of law, served up by some of Canada’s best advocates. ... [read more]

Friday, December 07, 2018 @ 8:53 AM

Ducks and dominoes: Our Rube Goldberg school of lawmaking | Sam Goldstein

Do we really need to change the definition of bestiality in Canada? I can’t believe I am writing a column about bestiality but the fact I am writing a column about Parliament’s need to change the definition of bestiality in the Criminal Code is exactly what’s wrong with criminal law today. ... [read more]

Tuesday, December 04, 2018 @ 12:06 PM

Plague of sexual misconduct in military can’t be solved internally | Colonel-Maitre Michel Drapeau

For the past two decades, the military has received several warnings about the deep-seated crisis of rampant sexual misconduct in its ranks. A few months after the 1997 publication of Dishonored Legacy, a report which addressed the lessons of the Somalia Affair under the themes of leadership and discipline failures, alleged cover-up by the chain of command and a lack of accountability, the media alerted the public to this toxic matter. MacLean’s magazine published four cover stories in 1998 under such titles such as: “Rape in the Military”; “Of Rape and Justice”; and “Speaking Out.” ... [read more]

Friday, November 30, 2018 @ 8:19 AM

In-house lawyers: Start with customer and work backward | Julie Chapman

As an in-house lawyer, it’s all too easy to get wrapped up in day-to-day routines and responsibilities, only venturing outside the norm when emergency situations require it. So, ask yourself, how often do you take the time to step back and consider whether your efforts are making a meaningful contribution to the customer’s experience? ... [read more]

Wednesday, November 28, 2018 @ 10:42 AM

Property rights and married versus unmarried relationships | John-Paul Boyd

Alberta received some pretty big news on Nov. 22 when the provincial government announced some reforms to its family law legislation. Amendments scheduled to take effect on Jan. 1, 2020, will extend the current matrimonial property regime to include unmarried partners. ... [read more]

Tuesday, November 27, 2018 @ 9:03 AM

Cyber propaganda: Real and present danger to our elections | Mark Bourrie

In April 1945, Soviet soldiers ended the Third Reich by smashing into Berlin, crushing resistance in the German capital and eliminating the government. Three months later, the Americans broke Japan’s morale with a secret weapon of incomprehensible power. In both campaigns, the Allies had the same goal: change a regime or make it bend to their will. In 1945, it took the deaths of millions of soldiers and civilians. But that’s the old way of doing it. ... [read more]

Monday, November 26, 2018 @ 3:28 PM

The Coach: Marketing retail law ‘B to C’ | Gary Mitchell

Of course when I use the term “B to C,” I am referring to Business to Consumer. It is my experience in helping lawyers and law firms market themselves and grow, these areas of law are the easiest to market. The most obvious areas or retail law or B to C being, but not limited to: employment law (employee side), family law, personal injury (PI), and wills and estates. ... [read more]

Friday, November 23, 2018 @ 2:36 PM

Parliament on verge of making dying ‘all that messier’ | Sam Goldstein

Do we need to make Canadian laws easier for people to commit suicide when they are terminally ill? ... [read more]

Tuesday, November 20, 2018 @ 1:28 PM

Wellness: Three ways to deal with closing of pro bono centres | Darryl Singer

Editor’s Note: After this column was published there have been new developments concerning donations to help keep the Law Help Ontario centres open. ... [read more]

Monday, November 19, 2018 @ 10:29 AM

The good Samaritan meets Seinfeld | Marcel Strigberger

The Canadian Judicial Council  (CJC) has ruled on the matter of Ontario Superior Court Justice Patrick Smith. Justice Smith’s offence was taking over, for no remuneration, as interim dean of Lakehead University’s fledgling law school, which has a focus on Indigenous law, after its dean Angelique EagleWoman resigned. Some folks complained about the judge’s involvement suggesting misconduct, even though Justice Smith sought and received the OK from his superior judge, Chief Justice Heather Smith (no relation) and the minister of Justice. ... [read more]