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Tuesday, December 05, 2017 @ 9:51 AM

Canada’s abusive detention policies could face UN council scrutiny | Colin Singer

Human rights activists have filed a submission to the United Nations Human Rights Council, asking it to urge Ottawa to set up an independent body to oversee the Canada Border Services Agency. The agency is responsible for the detention of immigrants, many of whom are held in provincial jails, and more than a dozen have died since 2000. ... [read more]

Monday, December 04, 2017 @ 9:58 AM

Government should be honest about its support for UN Indigenous rights resolution | Julius Melnitzer

Justin Trudeau pleased many when Canada announced that it was a “full supporter” of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in May 2016. Put aside that came some 10 years after the General Assembly's adoption of the declaration with a huge majority that featured Canada as one of only four naysayers. If the truth be told, naysayers we should have remained. ... [read more]

Friday, December 01, 2017 @ 9:47 AM

Crisis over irregular border crossings into Canada? What crisis? | Maureen Silcoff

This country's refugee determination system can handle the weight of claims coming from people who avoid official entry points when crossing from the United States into Canada. ... [read more]

Wednesday, November 29, 2017 @ 11:38 AM

'Statement of principles' requirements latest attack on free expression | Sam Goldstein

When the revolution comes, Shakespeare predicted, it would be us, the lawyers who would be the first people up against the wall. The only thing is the revolution is already taking place and it is we, the lawyers, who are leading it. ... [read more]

Wednesday, November 29, 2017 @ 10:14 AM

Challenges of parenting after separation made easier with Toolkit | John-Paul Boyd

The Canadian Bar Association’s family law section, in partnership with the Canadian Research Institute for Law and the Family, has published a useful new resource for family law lawyers and their clients. ... [read more]

Tuesday, November 28, 2017 @ 8:53 AM

Hi-Tech: Evaluating ethical technology use by outside firms | Luigi Benetton

Automakers vet suppliers exhaustively. One faulty part in a vehicle can cost the automaker dearly, and not just in cash. This need to vet applies to any vendor relationships, including those between companies and law firms. Outside legal help functions as an extension of in-house legal departments. In-house lawyers need reassurance that outside lawyers perform to the same ethical standards. ... [read more]

Monday, November 27, 2017 @ 9:39 AM

Sexual harassment: Courts need to ‘put their money where their mouth is’ | Stuart Rudner

In my previous column, I discuss the failure of our courts and tribunals to “put their money where their mouth is” by awarding significant damages in cases of harassment or breach of human rights. As an example, I mentioned the recent decision of the Ontario Court of Appeal in Doyle v. Zochem Inc., where both levels of court expressed their outrage at the employer’s conduct but still ordered it to pay less than $100,000 in damages beyond those for wrongful dismissal. ... [read more]

Thursday, November 23, 2017 @ 8:45 AM

Low damage awards for workplace sexual harassment sends wrong message | Stuart Rudner

If significant damages were routinely awarded in egregious cases of harassment and sexual harassment, employers would get the message that the costs of permitting such conduct are too high. ... [read more]

Wednesday, November 22, 2017 @ 9:00 AM

Self-represented defendants in murder cases | Clayton Ruby and Annamaria Enenajor

Watching an accused person defend himself at a murder trial is an uncommon experience in Canada. Murder is the most serious offence in our Criminal Code. Murder trials can be complex, lengthy and technical. Most people facing a potential sentence of life in prison without parole for 25 years would seek to be represented by skilled counsel with the experience and stamina to respond to the Crown’s case in court. This was not the decision that Dellen Millard made when charged with the murder of Laura Babcock. Instead, he decided to go it alone. ... [read more]

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]