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The Friday Brief

The Friday Brief: Editor-in-Chief’s must-read items from this week

Friday, November 08, 2019 @ 3:27 PM | By John Carson


John Carson %>
John Carson
Stepping in for the Managing Editor, here are my picks for the top stories we published this week.

Offenders ‘generally’ don’t have to repay crime proceeds that were authorized to be spent on legal defence: SCC
In a major win for the defence bar and their clients, the Supreme Court of Canada has ruled 6-3 that sentencing judges generally should not order an offender to repay, by way of fine in lieu of forfeiture, the proceeds of crime that the accused has already spent, with court authorization, on his reasonable legal defence costs.

Group challenges new election rules on spreading false information
A Canadian rights group wants struck down recently amended laws it maintains could lead to a “sword of Damocles” hanging over those who unknowingly spread false statements online during federal election campaigns.

#MeToo at two: Has anything changed? | Janice Rubin
A few weeks ago, I was part of a panel on TVO. The discussion centred on what had changed in the two years since the #MeToo movement had begun. Much to my surprise, I seemed to be the sole voice on the panel who thought that the needle on the sexual harassment dial had moved at all.

New class action legal clinic is access to justice in action | Jacqueline Palef
In Fontaine v. Canada (Attorney General) 2016 ONCA 241, Chief Justice George Strathy reiterated the court’s responsibility under class action legislation to promote access to justice and to protect the interests of class members. The University of Windsor’s Faculty of Law has launched what is believed to be the first-ever legal clinic dedicated to class actions in North America and whose goal is to do just that. The Class Actions Clinic will certainly be something members of the class actions bar should familiarize themselves with, and where appropriate, direct prospective or current class members to the clinic’s services.

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges
The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination.

John Carson is the Publisher and Editor-in-Chief of The Lawyer's Daily.