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Monday, June 04, 2018 @ 8:25 AM

The First Nations’ agenda in the Ontario election | Pamela Palmater

In Ontario, many First Nations have their focus on Election 2018 and what it might mean for their relationship with the Crown in right of the Province of Ontario. In theory, it shouldn’t matter which party gets elected in Ontario assuming they follow the rule of law which includes respecting Indigenous laws, the right to be self-determining, inherent rights, Aboriginal rights and title, treaty rights and the right to free, prior and informed consent. However, we know from practice that federal and provincial governments breach Aboriginal rights more than they honour them – so in that respect, it really does matter which party is elected – at least to some degree. ... [read more]

Tuesday, May 29, 2018 @ 8:45 AM

The Ontario election: possible impact on energy projects | Caroline Jageman

As was the case in the last two Ontario provincial elections, energy policy is again a central issue in 2018. The incumbent Liberals pledge to stay the course on a green, low carbon economy. The PC Party has indicated it intends to make sweeping changes. The NDP promises to continue with a renewables policy and a carbon pricing program. Andrea Horwath has also indicated that, if elected, the NDP would buy back Hydro One. ... [read more]

Monday, May 28, 2018 @ 9:03 AM

New Canada passport changes aim to protect children | Colin Singer

The federal government has made important changes to Canada passport rules with the aim of protecting children under age 16 and preventing the document from being misused. ... [read more]

Friday, May 25, 2018 @ 12:41 PM

Does Beverley McLachlin’s crime novel ring true? | Tony Paas

I’m often asked by non-lawyers to comment on the authenticity of legal TV shows or movies. Many of the shows are/were cringe-worthy, though if I stepped back I could understand the need for that lack of authenticity. While a real murder trial might take weeks to elicit ponderous forensic evidence or necessary background, a television show has to wrap up a trial in about 45 minutes of playing time from the dirty deed to the verdict. Cross-examinations are limited to 50 seconds, tops; jury addresses, 90 seconds or you’re pre-empted by a commercial. (Wouldn’t that warm the hearts of most judges and many juries?) ... [read more]

Friday, May 25, 2018 @ 8:23 AM

Out-of-court dispute resolution focus of latest Divorce Act overhaul | Lorne Wolfson

In the most significant overhaul of the Divorce Act since its enactment in 1985, the federal government has proposed significant changes to the way family law disputes are resolved in Canada. ... [read more]

Wednesday, May 23, 2018 @ 8:57 AM

A look inside drug treatment courts, by those who know | Lorne Sabsay

Friesen Press has recently published a book, People, Places and Things: Inspirational Voices from Canada's Drug Treatment Courts, edited by Justice Kofi Barnes. The book is a series of writings from various participants in drug treatment courts (DTCs) including the judges, the treatment providers and the defendant participants. It gives us tremendous insight into what goes on in DTCs and what they are really all about. The insight comes not from studies; not from statistics; not from numbers; the insight comes from real people talking about their real experience in Canada’s DTCs. ... [read more]

Friday, May 18, 2018 @ 8:32 AM

Extreme focus the key for personal injury lawyers | Sandra Bekhor

Personal injury marketing is a high-stakes business. Everything about it is oversized, relative to other areas of law. The cost. The vision. The competition. So, how can small to mid-sized firms compete? And is that even possible, if your firm's resources don’t allow you to be the headline sponsor of a hospital wing, injury affiliated conference or charity? There’s another way. ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Monday, May 14, 2018 @ 8:50 AM

Choice to be a sex worker driven by poverty, overregulation of trades | Ryan Handlarski

Ever since the Supreme Court decision in Bedford v. Canada [2013] 3 SCR 1101, 2013 SCC 72, where the bizarre half-measure laws in the Criminal Code around sex work were struck down, sex work has been some kind of a legal grey area: not exactly legal, but with the police mostly turning a blind eye to it. ... [read more]

Friday, May 11, 2018 @ 8:46 AM

Wellness: Three tips addiction taught me for a happier practice | Darryl Singer

Several weeks ago, I spoke to more than 800 lawyers at the Law Society of Ontario’s Annual Family Law Summit. I was invited to speak about my descent into narcotic addiction and concomitant depression and how I successfully recovered and rebuilt my life and career. I quipped to the audience that as a former family lawyer who now practises civil and commercial litigation, while my addiction was not as a result of family law, family law sure as heck didn’t help. ... [read more]