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Friday, May 21, 2021 @ 9:05 AM

Saskatchewan Court of Appeal uses assault case to consider Gladue, pre-sentencing reports Benjamin Ralston, University of Saskatchewan College of Law

Saskatchewan’s Appeal Court has backed up trial judges’ flexibility in deciding whether to order a Gladue report or consider such information in a pre-sentencing report when examining the lives and troubles of Indigenous offenders, lawyers say. ... [read more]

Friday, May 21, 2021 @ 8:15 AM

Riding herd in emerg Cowgirl riding herd

At some point, most of us have worked on group assignments as part of a class, course or program. The idea is to have people work collaboratively, and the outcome is that each team member earns the same grade for the final product. These projects can work out well if everyone is engaged, and each team member delivers their part on time. The key word is “collaborative,” and this is where human nature, attitude and calculation come into play. You often need one group member to ride herd. ... [read more]

Thursday, May 20, 2021 @ 1:50 PM

Criminal negligence case proves standard of care does not equal perfection Cocktail glass on tray

A person need not be driving to be criminally responsible for the consequences of a motor vehicle collision. Criminal negligence requires bodily harm or death in order for the actions to be criminalized and can apply to anyone in a chain of causation of the harm. The test for criminal negligence is whether a person breached a standard of care in a marked and substantial way. ... [read more]

Thursday, May 20, 2021 @ 1:45 PM

Minister says N.W.T. justice system faring well during pandemic, despite challenges Justice Minister R.J. Simpson

Like sheltering from an icy, arctic blast, the Northwest Territories’ justice system is weathering the COVID-19 pandemic better than some of its southern counterparts, but has been far from unscathed, says its justice minister. Speaking from his home in his Hay River constituency, Justice Minister R.J. Simpson told The Lawyer’s Daily during a wide-ranging interview that the challenges have ranged from an increased workload for N.W.T.-based lawyers to a lack of large facilities for in-person jury trials that allow for physical distancing. ... [read more]

Thursday, May 20, 2021 @ 8:30 AM

Minding the pendulum | Sarah Leamon

After months of anticipation, Bill C-3 has received royal assent, becoming law.  ... [read more]

Wednesday, May 19, 2021 @ 12:19 PM

Access to Justice: When life gives you lemons | Beverley McLachlin

Beverley McLachlin delivered this address to the annual Summit of the Action Committee on Access to Justice in Civil and Family Matters, May 12, 2021. ... [read more]

Wednesday, May 19, 2021 @ 10:28 AM

Family violence and COVID-19: A pandemic within a pandemic | Serena Eshaghurshan

The COVID-19 pandemic has yielded an unprecedented increase in the rate of family violence by creating and further perpetuating disparity in the ability to access social supports and legal recourse. ... [read more]

Wednesday, May 19, 2021 @ 9:03 AM

Sex workers forge ahead with Charter challenge despite Ontario court decision

A national coalition of 25 sex worker rights groups will continue with a constitutional challenge of federal sex work laws despite a recent Ontario Superior Court finding that several provisions in the Harper-era Protection of Communities and Exploited Persons Act (PCEPA) violate the Canadian Charter of Rights and Freedoms. ... [read more]

Wednesday, May 19, 2021 @ 8:37 AM

More money, digital tools for Competition Bureau in federal budget Puzzle pieces building upwards

Funding for Canada’s Competition Bureau is set to increase by more than one-third, the government announced in the federal budget for 2021-2022. The budget proposes to increase the bureau’s budget by $96 million over five years, beginning this year, and thereafter, by $27.5 million annually. This increase is intended to pay for increased capacity and “new digital tools.” ... [read more]

Wednesday, May 19, 2021 @ 8:12 AM

We’ve lost more than a few pints; we’ve lost rule of law | Murray Fallis

On the first day of law school, every crop of eager young Canadian law students learns the case of Roncarelli v. Duplessis [1959] S.C.R. 121. The case tells the story of a Quebec Premier (Maurice Duplessis) who unjustifiably revokes a liquor licence. However, the case stands for much more than a few lost pints. The case stands for the rule of law. It stands for the fundamental principle that elected officials are bound by our laws. That parliamentarians are bound by the limits of our Constitution, our legislation and by the decisions of our courts. To disregard these limits is to violate the rule of law. ... [read more]