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Monday, October 03, 2022 @ 4:56 PM

[ Legal Wire ] - ‘Mutual recognition’ policies could grow Canadian economy by nearly eight per cent: report

A study commissioned by the Alberta government has found that the adoption of “mutual recognition” policies, where regulatory requirements met for one provincial or territorial government automatically satisfy requirements in another, could eventually grow the Canadian economy by up to $200 billion per year. ... [read more]

Monday, October 03, 2022 @ 12:02 PM

Size of Alberta class action on bail hearing delay ‘well in excess’ of 17,000 people, lawyer says Margaret Waddell, Waddell Phillips

An Alberta judge has given the go-ahead to a class action alleging the lack of access to timely bail hearings has led to thousands of Charter violations in the province. ... [read more]

Friday, September 30, 2022 @ 5:07 PM

[ Legal Wire ] - Ontario court eyes Indian Act in matter of receiver’s seizure of on-reserve property

Ontario’s Appeal Court has overturned a decision allowing a court-appointed receiver to seize and recoup money from an Indigenous man’s on-reserve businesses, finding Canada’s Indian Act protects such properties from receivership by those who are not Indigenous. ... [read more]

Friday, September 30, 2022 @ 10:17 AM

Recommendations on prolific offending at intersection of law, health and social services: law prof Michelle Lawrence, University of Victoria

A B.C. expert panel has provided a suite of recommendations on how to deal with the twin phenomena of “prolific offending” and unprovoked violent stranger attacks in the province, which call for increased mental health and community support to help people break out of the cycle they have found themselves in. But legal experts are flagging a recommendation that calls for detention for some individuals which has the potential to raise constitutional concerns. ... [read more]

Thursday, September 29, 2022 @ 2:12 PM - Last Updated: Friday, September 30, 2022 @ 8:32 AM

Chief justices call on Ottawa to fix record vacancies on backlogged courts; many JACs also defunct David Lametti

Vacancies on the nation’s backlogged superior courts have skyrocketed, as the federal Liberal government fails to make timely appointments — including to its judicial advisory committees (JACs), which have been defunct for months in New Brunswick,  Newfoundland and Labrador, Saskatchewan, Yukon and Nunavut, according to the Office of the Federal Commissioner for Judicial Affairs. ... [read more]

Monday, September 26, 2022 @ 2:44 PM - Last Updated: Monday, September 26, 2022 @ 4:02 PM

Moldaver led SCC on criminal law for 11 years but spent first three years looking for the exit TLD exclusive

Michael Moldaver, the judge who most shaped Canadian criminal law over the past 11 years, confesses he remains troubled that accused who are “clearly guilty” of serious crimes sometimes get acquitted, because courts throw out crucial evidence tainted by state illegality that many Canadians would not see as justifying such a drastic remedy. ... [read more]

Tuesday, September 20, 2022 @ 2:14 PM

Looking back on two decades of working for human rights | Noa Mendelsohn Aviv

Twenty years ago today, when I joined the Canadian Civil Liberties Association, I knew I had come to the right place. Alan Borovoy, then executive director and general counsel, and deeply committed to fundamental rights, not only tolerated differences of opinion, he encouraged them. He had just published a book called When Freedoms Collide and recognized the many ways in which rights can come into conflict with other rights or other fundamental values. ... [read more]

Tuesday, September 20, 2022 @ 12:12 PM

Quebec Appeal Court provides new guidance on forced hospitalizations Lahcène_Allem

An elderly single woman spearheaded a significant advancement for the rights of people who are ordered to be hospitalized after the Quebec Court of Appeal considerably broadened the obligations of the courts and health-care institutions to appoint in most cases an ex officio lawyer to safeguard their rights and interests. ... [read more]

Monday, September 19, 2022 @ 3:50 PM

Cull of ‘huge mass’ of less-serious criminal cases could unclog Canada’s justice system: Moldaver Exclusive

Newly retired Supreme Court of Canada justice Michael Moldaver says the “bursting-at-the seams” criminal justice system could be saved from the risk of future collapse and irrelevancy by removing the “huge mass” of less serious criminal cases that could be fairly and more speedily handled via alternatives, including ticketing, diversion and reasonable plea deals and charge withdrawals. ... [read more]

Monday, September 19, 2022 @ 1:58 PM

Manitoba lawyers being asked about access to justice issues in province Gerard Kennedy, University of Manitoba.

Manitoba’s law society and a local scholar are seeking answers from the legal profession in a bid to research — and ultimately help tackle — access to justice problems in the province. ... [read more]