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Monday, November 12, 2018 @ 3:03 PM

Former law society president appointed to N.B. Court of Queen’s Bench

On Nov. 9 the federal Department of Justice announced that Marie-Claude Bélanger-Richard, a partner at Droit Veritas Law, has been appointed a judge of the Court of Queen’s Bench of New Brunswick, Family Division, in Saint John. She replaces Justice R.L. Tuck, who passed away on Jan. 27, 2018.   ... [read more]

Monday, November 12, 2018 @ 8:59 AM

Canadian citizenship and the challenges of birth tourism baby_canada_sm

The President of the United States recently indicated that he was preparing an executive order to end birthright citizenship in the U.S.  President Trump said that the United States was the “the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits.” In fact, the U.S. is not the only country in the world that grants birthright citizenship. Canada, Mexico and about 30 other countries grant citizenship to babies born in the country. Canadian Citizenship can be acquired by birth pursuant to jus soli — “law of the soil”, which is codified in s. 3(1)(a) of the Citizenship Act. ... [read more]

Wednesday, November 07, 2018 @ 8:37 AM

CUSTODY AND ACCESS - Appeals and judicial review - Of final orders

Appeal by the mother from a final order granting the father sole custody of the parties’ 13-year-old child. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Tuesday, November 06, 2018 @ 9:31 AM

A hard look at Canada’s own child refugee problem child_refugees_sm

In recent months, hearts have been breaking across Canada hearing the reports of young migrant children being separated from their parents at the southern U.S. border. Personally, it has incited feelings of both sadness and repulsion — I can’t imagine what it must feel like for parents to be separated from their children as a result of inhumane immigration rules when these parents were seeking only safety and stability for their families in the first place. ... [read more]

Monday, November 05, 2018 @ 10:53 AM

Court strikes down mandatory minimum sentences for possession of child porn Malwarewarning_sm.jpg

In R v. John 2018 ONCA 702 the Ontario Court of Appeal struck down the mandatory minimum sentence for possession of child pornography. The appellant, Nathaniel John, successfully convinced three judges that mandatory minimum sentences of six months imprisonment is grossly disproportionate to the conduct of a reasonably hypothetical offender, using examples of a teenager sexting. ... [read more]

Monday, November 05, 2018 @ 10:51 AM

Access to Justice: Highs and lows of Pro Bono Week | Thomas Cromwell

The last week of October is Pro Bono Week, a global celebration of the pro bono ethic in our profession. Across Canada and around the world, thousands of legal professionals provide their services without cost for the public good. In Canada, where there is a wide and growing gap between the need for legal services and people’s ability to gain access to them, pro bono is a part of the effort necessary to fill that gap. ... [read more]

Thursday, November 01, 2018 @ 1:30 PM

B.C. Law Society postpones annual general meeting after online voting system crashes

Technical difficulties plagued the recent annual general meeting of the Law Society of British Columbia (LSBC), postponing decisions on a number of significant resolutions concerning family law practitioners and pro bono work. ... [read more]

Thursday, November 01, 2018 @ 11:58 AM

Breaking down organizational barriers helps access to justice, panel says TAG

Family law is in the midst of a crisis, as an increasing number of self-represented litigants attempt to tackle complex legal issues in an overloaded court system. In response to the many access to justice issues the family bar is facing, legal organizations have turned to teleconferencing, plain language documents and interdisciplinary relationships to try to close the gap in representation. ... [read more]

Wednesday, October 31, 2018 @ 2:46 PM

Safety trumps heritage in court’s decision to leave Aboriginal mother’s kids in non-Indigenous foster homes, lawyer says Dean_Kropp_sm

Courts recognize the importance of maintaining culture for Aboriginal children taken from their parents and placed in foster care, but safety is “paramount” when deciding if they should stay there, says a lawyer of the Manitoba Appeal Court’s decision to keep a mother’s kids in non-Indigenous foster homes. ... [read more]