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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]

Wednesday, August 02, 2017 @ 1:36 PM

Hi Tech: Marketing your legal startup | Luigi Benetton

This is the second article in a two-part series. Part one introduced three legal technology entrepreneurs whose businesses have launch dates between December 2016 and December 2017. Part two discusses the market they face and their plans to succeed.    ... [read more]

Monday, July 31, 2017 @ 9:23 AM

Questioning the effect of prison on crime prevention | Anthony Doob and Rosemary Gartner

In the year 2000, the Danish government changed some of its criminal laws in a manner that reduced dramatically the use of imprisonment for certain offences. Those responsible for suggesting that change probably were well aware of its likely impact: Keeping convicted people out of prison would have little if any measurable impact on the likelihood that they would reoffend. This awareness, however, runs counter both to the beliefs of many people and to deterrence theory. ... [read more]

Thursday, July 27, 2017 @ 8:32 AM

Paralegal debate: let’s settle for ‘better’ not ‘perfect’ access to justice | Julius Melnitzer

The current debate about paralegal representation in Ontario’s family courts, and the degree of opposition to it in the bar and judiciary, exemplify just how far the profession is removed from reality. ... [read more]

Monday, July 24, 2017 @ 1:42 PM

Make the most of your summer business development | Warren Bongard

We are all familiar with the private bar adage of grinder, minder, finder. That was so yesterday! ... [read more]

Monday, July 24, 2017 @ 8:26 AM

Alberta report snapshot of nature and scale of family disputes | John-Paul Boyd

A new report from the Canadian Research Institute for Law and the Family analyzes data collected by the federal Department of Justice from Alberta divorce files in 2011, focusing on timelines in the divorce process, parenting orders and child support orders. The report reaches a number of interesting conclusions, especially when the data is analyzed by gender and by the mention of family violence. ... [read more]