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Tuesday, November 21, 2017 @ 9:53 AM

A U-turn on the road to reconciliation | Lynda Collins and Natasha Bakht

The Supreme Court of Canada's decision in the landmark case of Ktunaxa Nation v. British Columbia marks the first time the court has considered whether environmental harm can violate a Charter right. It's also a regressive ruling for Indigenous freedom of religion. ... [read more]

Monday, November 20, 2017 @ 8:55 AM

Wellness: Three ways to help with mental health and addiction in lawyer discipline proceedings | Darryl Singer

For all the law society’s talk about harassment, discrimination and Statements of Principles — laudable as these are — there remains one group that is left out of the discussion and as a result faces unduly harsh treatment in law society discipline proceedings: those with addiction and mental health (AMH) issues. ... [read more]

Friday, November 17, 2017 @ 10:52 AM

Tax Views: Light shone on offshore trusts should be a red flag to lawyers and accountants | Vern Krishna

The release of 13 million documents in the so-called “Paradise Papers” has put offshore trusts in the limelight once again. Regardless of their legality and utility, the very mention of the word “offshore” conjures up images of secrecy, and improper tax evasion by high net worth individuals, trusts and multinational corporations, with calls for more money by the Canada Revenue Agency to conduct more audits in exotic jurisdictions. ... [read more]

Wednesday, November 15, 2017 @ 8:59 AM

Statistical base rates and the prediction of behaviour | Anthony Doob and Rosemary Gartner

Imagine that a man is charged with killing his wife. There is clear evidence that he had been unfaithful in their marriage. Let us assume that there is known to be a statistically significant relationship between being unfaithful and killing one’s spouse: those who are unfaithful are more likely to kill their spouses than those who are faithful to their spouses.The defence argues that her death was an accident and that his marital infidelity should not be brought before the jury. Should the evidence of his extramarital affairs be admitted into evidence to support the conclusion that he, in fact, murdered her? ... [read more]

Tuesday, November 14, 2017 @ 8:40 AM

Justice delayed is justice denied for accident victims | Patrick Brown

Victims of road violence and other forms of negligence tell horror stories of being victimized twice — first by insurance companies and then by the costly and time-consuming jury system. But it doesn't have to be this way. ... [read more]

Monday, November 13, 2017 @ 8:48 AM

Decision highlights CRA’s overzealous tax litigation policy | Julius Melnitzer

Sometimes, litigants get so caught up in zealotry that they lose sight of basic underlying factors. That, perhaps, is part of the cost of the adversarial system. But when the zealot is the Crown in a country that faces vexing issues of delays in the court system and access to justice in general, some questions should be asked. ... [read more]

Friday, November 10, 2017 @ 11:12 AM

The Coach: Why invest in your people? | Gary Mitchell

So often I come across gatekeepers and “bean counters.” They have one job and that is to keep track of the bottom line. They lack vision. They don’t understand marketing. And they don’t get that investing; yes investing in your people will pay dividends for years to come. If you’re just going to continue to “count the beans,” then don’t bother reading the rest of this article. ... [read more]

Thursday, November 09, 2017 @ 9:48 AM

Quebec’s niqab ban risks redefining Canada as we know it | Colin Singer

Bill 62, passed in October, is stirring controversy by restricting face covering, a practice largely followed by Muslim women, many of whom are immigrants. Canada's Charter of Rights and Freedoms guarantees freedom of religion and ensures equality before the law. It also affirms the country's commitment to the preservation and enhancement of the multicultural heritage of all Canadians. ... [read more]

Wednesday, November 08, 2017 @ 8:40 AM

Hi-Tech: Security video only as good as the policy you have for its use | Luigi Benetton

Your company installed video surveillance equipment. You’re the boss. One day, you see an employee knocking off early. You intend to discipline that employee using video evidence.Lawyer Mark Hayes thinks that’s a bad move. ... [read more]

Tuesday, November 07, 2017 @ 9:43 AM

Greening federal environmental law: Canada at a crossroads | Richard Lindgren

As the government enters the third year of its electoral mandate, many observers agree that Parliament has a once-in-a-generation opportunity to hit the reset button and substantially improve the laws that constitute Canada’s environmental safety net. Unfortunately, it seems that Ottawa's law reform efforts have slowed down in recent months. ... [read more]