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Thursday, August 24, 2017 @ 9:02 AM

The case for legislating police mental health training | Robert Karrass

The question often arises of where we draw the line between justifiable and unjustifiable use of force in police interactions. The answer is not a simple one but is generally summed up in two words… “Police Safety”. The idea is that officers who are charged with upholding the law and protecting members of our society, need to be able to protect themselves (and others) from actual or perceived harm. However, when officers are dealing with individuals experiencing a mental health crisis, the line becomes skewed. ... [read more]

Tuesday, August 22, 2017 @ 9:35 AM

Ontario ruling provides a look at Canada's Kafkaesque world of immigration detention | Guidy Mamann

When a judge’s reasons begin by quoting Kafka to describe the immigration detention history of Ricardo Scotland of Barbados, you know that the rest of the decision simply can’t bode well for the government’s position. ... [read more]

Monday, August 21, 2017 @ 8:32 AM

Wellness: Crisis brewing over unique challenges facing racialized lawyers | Darryl Singer

That racialized lawyers experience the same challenges in the legal profession as all lawyers is obvious. Less obvious to many is that racialized lawyers also experience challenges that are additional to and/or markedly different than those of non-racialized members of the profession. ... [read more]

Thursday, August 17, 2017 @ 11:25 AM

Acquittal doesn't excuse police behaviour | Clayton Ruby and Annamaria Enenajor

In R. v. Leslie Nyznik, Sameer Kara and Joshua Cabero, three Toronto police officers were acquitted based upon Justice Anne Molloy’s inability to be certain that the complainant was reliable and credible in her account of the absence of consent. Nonetheless, if you have that “icky” feeling about this case from the conduct of these three off-duty 51 Division officers, it is understandable. ... [read more]

Wednesday, August 16, 2017 @ 2:12 PM

The Coach: Managing your clients | Gary Mitchell

From the start you must fully understand your clients’ needs in order to manage them and deliver your services. I can’t stress this enough. ... [read more]

Wednesday, August 16, 2017 @ 10:46 AM

Access to Justice: New book will spark deep debate about the meaning, causes of injustice | Thomas Cromwell

Will we recognize injustice when we see it? And what is injustice anyway? In his new book: Broken Scales: Reflections on Injustice (American Bar Association, 2017) Joel Cohen, with the assistance of Dale Degenshein, leads us on a course of reflection about these questions in a collection of interviews that present us with the consequences of clear injustices or challenge us to think more deeply about what injustice is. ... [read more]

Monday, August 14, 2017 @ 8:44 AM

Groia case highlights tension between a lawyer's duty to both client and court | Julius Melnitzer

A hint of what awaits Joe Groia could very well be gleaned from the Supreme Court of Canada’s treatment of Quebec criminal lawyer Robert Jodoin, against whom the court upheld a personal costs award for bringing “unfounded and frivolous” motions alleging bias against a Quebec Superior Court judge. ... [read more]

Wednesday, August 09, 2017 @ 9:35 AM

A tale of two consultations: Top court bolsters Indigenous rights | Richard Pound

Recently there were two “companion” cases in which the Supreme Court of Canada considered whether the constitutional duty on the part of the Crown to consult with Aboriginal groups whose Aboriginal property and other rights might be infringed or affected by proposed usage, in these cases, of acknowledged or treaty rights, had been adequately discharged. In unanimous judgments, issued on the same day, the court held that in Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. 2017 SCC 41, the duty to consult was adequately discharged, whereas in the case of  Clyde River (Hamlet) v. Petroleum Geo-Services Inc. 2017 SCC 40, it was not. ... [read more]

Tuesday, August 08, 2017 @ 8:45 AM

Indigenous inquiry a slow motion implosion | Pamela Palmater

When the draft terms of reference of the National Inquiry into Murdered and Missing Indigenous Women and Girls were leaked to the media in the summer of 2016, many families, advocates, experts and communities were upset that there would be no investigation of the police — either their mishandling of individual files or their behaviour. ... [read more]

Thursday, August 03, 2017 @ 8:45 AM

Liability waivers becoming a foe, not friend to the public interest | Sandra Kovacs

Any Canadian consumer who has engaged in a sporting or recreational activity of any kind likely has some familiarity with liability waivers. In most instances, however, the average consumer does not take the time to read the document before signing, let alone understand what he or she is signing away. ... [read more]