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Wednesday, June 24, 2020 @ 8:51 AM

Ethics during the pandemic: Avoiding Faustian bargain | Joël Roy

As trial attorneys, to say our professional (and, often, personal) lives have been turned upside down by COVID-19 would be a major understatement. Postponed trials, anxious clients and a growing sense of helplessness have surely marked our practices in these troubled times. Yet, many of us see the justice system’s increased openness to technology as one potential silver lining. Indeed, courts now seem more and more willing to engage in remote hearings, virtual discovery and e-filing, which is truly something to celebrate amidst the otherwise chaotic state of litigation across the country. ... [read more]

Tuesday, June 23, 2020 @ 3:41 PM

New associate chief justice named to Nova Scotia Supreme Court

Patrick J. Duncan, a judge of the Supreme Court of Nova Scotia for almost 13 years, has been appointed the new associate chief justice for the court. ... [read more]

Tuesday, June 23, 2020 @ 1:36 PM

Nova Scotia Appeal Court releases ‘practice directive’ for hearings

Nova Scotia’s Appeal Court has released new directions on how expanded remote hearings will be conducted during the pandemic, including the “etiquette and civility” expected from participants.   ... [read more]

Tuesday, June 23, 2020 @ 11:37 AM

B.C. provincial court announces resumption of traffic hearings at some locations

The B.C. provincial court has announced it is now ready to resume scheduling traffic hearings in some locations. ... [read more]

Tuesday, June 23, 2020 @ 11:23 AM

Police reform no panacea for racism in Canada | Jeffrey Hartman

News media is awash these days with calls for police reform in response to the killing of black men. These killings, of course, are not new phenomena but the extent of the backlash, while long present to a lesser degree, is. ... [read more]

Monday, June 22, 2020 @ 2:34 PM

B.C. decision on civil forfeiture could have impact outside province, lawyers say Gregory DelBigio

British Columbia’s legislation on civil forfeiture has been struck a blow by the courts after a judge ruled some of its provisions on seizing property were an unconstitutional intrusion on federal power. ... [read more]

Monday, June 22, 2020 @ 1:29 PM

Judicial responsibility towards those self-representing from segregation Handonprisonbar

On May 5, 2020, the Nova Scotia Court of Appeal released its decision overturning Justice Peter Rosinski’s dismissal of Maurice Pratt’s habeas corpus application. On appeal, Pratt was represented by Claire McNeil (Pratt v. Nova Scotia (Attorney General) 2020 NSCA 39). ... [read more]

Monday, June 22, 2020 @ 9:57 AM

World’s first restorative justice lab opens at Dalhousie University Jennifer Llewellyn

In the interests of justice — restorative justice — Dalhousie University opted to move forward with an historic initiative despite the constraints imposed by the current COVID-19 pandemic. As a result, the world’s first restorative justice lab is now up and running. “In a perfect world, you would have opened a physical space, but we decided not to hold off,” said Jennifer Llewellyn, a law professor at the Schulich School of Law and chair of the newly launched Restorative Research, Innovation & Education Lab (RRIELab). ... [read more]

Friday, June 19, 2020 @ 1:38 PM

Tribunal Watch Ontario concerned over shortage of adjudicators, possible shift to written submissions

Marion Overholt has seen the frustration on the faces of her clients. The executive director of Legal Assistance of Windsor (LAW) frequently helps low-income clients in critical, sometimes life-altering cases before Ontario’s adjudicative tribunals, including the Landlord and Tenant Board and the Social Benefits Tribunal. But, time and again, matters have been adjourned because of a shortage of adjudicators. ... [read more]

Friday, June 19, 2020 @ 12:01 PM

DOJ reappoints two, appoints chair to Judicial Compensation and Benefits Commission

The federal Department of Justice (DOJ) announced the reappointments of Margaret Bloodworth and Peter Griffin and the appointment of Martine Turcotte as chair to the Judicial Compensation and Benefits Commission. ... [read more]