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Thursday, September 06, 2018 @ 11:31 AM

Law Reform: Literature should not be overlooked by lawyers | Elsa Ascencio and Mitch Brown

Lawyers are always looking for ways to improve their practice. While programs on public policy, economics, and information technologies have long been central to our ongoing professional development, less emphasis has been put on the role of literature in improving our practice. Literature in law deserves more attention, because it makes us better writers, better advocates, and better lawyers. ... [read more]

Wednesday, September 05, 2018 @ 8:41 AM

The TWU decision: Five big questions | Jonathan Martin and Kristopher Kinsinger

On June 15, 2018 the Supreme Court of Canada released its highly anticipated rulings in the matters of Law Society of British Columbia v Trinity Western University, 2018 SCC 32 and Trinity Western University v Law Society of Upper Canada, 2018 SCC 33 [collectively TWU 2018]. The decisions immediately attracted a wide range of responses from across the legal community. This article identifies and briefly discusses five key questions raised by this important decision. ... [read more]

Tuesday, September 04, 2018 @ 10:23 AM

The crying judge: Compassion does not equal bias | Marcel Strigberger

B.C. provincial court Judge Monica McParland presided over a sexual interference case recently. She found the accused guilty. The defence lawyer moved to have the judge recuse herself from continuing on the basis of bias as the judge during the reading of a victim impact statement supposedly showed emotion as she allegedly cried. ... [read more]

Thursday, August 30, 2018 @ 8:47 AM

Harsher penalties to stop workplace discrimination, boost accommodation | Stuart Rudner

The message seems clear: in 2018, people should not be prevented from working due to barriers that have no relation to their ability to do their job. And yet our courts and tribunals continue to award nominal compensation when organizations discriminate against candidates or employees in contravention of human rights legislation. ... [read more]

Tuesday, August 28, 2018 @ 9:50 AM

Newfoundland: Minority parents and international entrepreneurs | Colin Singer

Visible minorities in Newfoundland and Labrador fear that the Children and Youth Care and Protection Act fails to account for cultural differences in parenting and caregiving. Parents say they are battling a misconception that they are too hard on their children or do not love them as much. ... [read more]

Thursday, August 23, 2018 @ 8:45 AM

Don’t let spike in gun deaths push quick fix over long-term solutions | Anthony Doob

One advantage of being 75 years old is that I remember earlier panics about Toronto gun homicides. Toronto’s mayor and Ontario’s premier, being younger than me, apparently don’t remember the bad old days when people searched wildly for quick fix solutions to gun homicides. ... [read more]

Tuesday, August 21, 2018 @ 9:00 AM

SCC’s TWU decision not the last word on religious accommodation | Barry Bussey

After a gruelling period of legal wrangling, Trinity Western University (TWU) has decided to remove the mandatory requirement that students sign its Community Covenant. Until last Thursday, TWU required all campus personnel (students, faculty and staff) to abide by a religious code, including the stipulation that sexual intimacy be reserved for heterosexual marriage. This was deemed discriminatory by the law societies in B.C, Nova Scotia and Ontario who refused accreditation of TWU’s proposed law school, leading to four years of litigation I will label this “TWU 2” (with the 2001 education degree case being “TWU 1”). ... [read more]

Monday, August 20, 2018 @ 8:57 AM

The anonymous resumé: What’s in a name? | Shara Roy

This year Lenczner Slaght is approaching student recruitment differently. All student applications will be anonymized. When candidates for second year positions submit their applications, their names will be removed and replaced by a number. It may seem impersonal — no one wants to be a number — but it guards against real concerns of bias in the hopes of improving both the process and the result. ... [read more]

Friday, August 17, 2018 @ 8:44 AM

Wellness: End of civil dialogue bad for legal profession and your health | Darryl Singer

Lately, I find it absolutely necessary for my mental health to give myself a “news free” day. No Canadian or American news. No social media. I’m finding the polarization of political and social viewpoints to be energy depleting and soul sucking. Some commentators have even speculated that it may be a hybrid form of PTSD. ... [read more]

Thursday, August 16, 2018 @ 1:17 PM

Ruling out stereotypes | Jennifer Taylor and Jessica Piper

We were disappointed to read a recent The Lawyer’s Daily article setting out rules that women law students should follow during their articling interviews. These included, “Wear a skirt” and “Ensure that your skirt is not too short and not too long.” Let’s be clear: In 2018, women don’t need to wear skirts to job interviews (or hide their family status, or talk about sports they’re not interested in — which were two of the other rules in the article). ... [read more]